Dr T. Srinivas Rao
IV Addl. Metropolitan Sessions Judge
HYD, Criminal Court Complex · Hyderabad · Telangana
Dr T. Srinivas Rao, IV Addl. Metropolitan Sessions Judge, is posted at HYD, Criminal Court Complex, Hyderabad, Telangana, India. 320 court orders on record since 2017. 20 judgments with full text available. Primarily handles CRLA, SC, MVOP cases.
Featured Judgments
1SC 2/2011 Gokul Chat
IN THE COURT OF THE II ADDITIONAL METROPOLITAN SESSIONS
JUDGE, AT HYDERABAD FOR TRIAL OF CASES FILED BY COUNTER
TERRORIST OPERATIONS (OCTOPUS P.S.) IN THE STATE
Present: Dr. T. SRINIVASA RAO, FAC. II Addl Metropolitan Sessions Judge, at Hyderabad for trial of Cases filed by Counter Terrorist Operations (OCTOPUS) in the State. IV Addl. Metropolitan Sessions Judge, Hyderabad.
Dated this the 4th day of September, 2018
SESSION CASE No.2 of 2011
Crime Number and Police Crime No.3/2008 of Octopus P.S.
Name and description of the A2: Anik Shafique Sayeed @ Anique @ accused personKhaled @ Ashfaq, S/o. Shafique Sayeed, age 26 years, Occ: ACME Computers, Shop No.10, Mayfair Complex, Modi Khana, Camp Pune, R/o. II Floor, Jainab House, Bhagyodaya Nagar, Pune, Maharastra State.
A3:Mohd. Akabar Ismail Chowdhari @ Sayeed @ Yakub @ Vinod Patil, S/o. Ismail Chowdhari, age 26 years, Occ: Mobile Repairer, r/o. Flat No.3, Manisha Complex, Meeta Nagar, Kondwa, Khurd, Pune, Maharashtra State.
A5: Farooq Sharfuddin Tarkash @ Abdullah, S/o. Sharfuddin Tarkash, age 26 years, Occ: Advertising, add agency “T” caption outdoor, Camp area, Pune, R/o. Survey No.52, Nehru Park, Baghyodaya Nagar, Kandwa, Pune, Maharastra State.
A6: Mohd. Sadiq Israr Ahmed Shaik, @ Yaseer @ Imran, S/o. Israr Ahmed, age 33 years, Occ: Desktop Engineer in CMS computers, Seepz. Andheri (east), Mumbai R/o. Flat No.C/I/19, Cheetah Camp, Trombay, Mumbai, Maharastra State. (This case is against A2, A3, A5 and A6 only).
2SC 2/2011 Gokul Chat ( A1 Riyaz Bhatkal @ Roshan Khan @ Aziz @ Ahmed Bai S/o. Akrami Bhatkal, A4: Iqbal Bhatkal @ Mohammed Bhai, A7: Amir Reza Khan @ Muttaki were shown as absconding)
Prosecution conducted by1. Sri. Shesha Reddy Challa
2. Sri. K. Surender
Accused defended by1. Sri. G. Gurumurthy, Advocate for A2
2. Sri. D. Raji Reddy, Advocate for A3
3. Sri. M.A. Azeem, and Sri Shaik Saifullah, Advocates for A5 & A6 Offences chargedSections 120(B) r/w Sections 302, 307, 436, 121A and 153A of IPC, Sections 3 & 5 of Explosives Substances Act, 1908 and Sections 13(1)(a)(b), 16,18,19,20 of Unlawful Activities (Prevention) Act, 1967 and Section 4 of Prevention of Damage to Public Property Act, 1984 Plea of the accusedNot Guilty
Finding of the CourtA2 and A3 found guilty A5 and A6 found not guilty
RESULT
In the result, the Accused No.2 & A3 are found guilty for the offences punishable under Sections 120(B), 302 r/w 34, r/w 120B IPC, 307 r/w 34, r/w 120B IPC, 436r/w 34, r/w 120B IPC, 121A r/w 34, r/w 120B IPC and 153A r/w 34, r/w 120 B of IPC, Sections 3 & 5 of Explosive Substances Act, 1908 r/w 34, r/w 120B IPC, and Sections 13(1)(a)(b) r/w 34, r/w 120B IPC, 16(1)(a)(b) r/w 34, r/w 120B IPC, and 18 of the Unlawful Activities (Prevention) Act, 1967 r/w 34, r/w 120B IPC and Section 4 of Prevention of Damage to Public Property Act, 1984 r/w 34, r/w 120B IPC and accordingly they are convicted for the said offences under Section 235(2) Cr.P.C. However, A2 & A3 are found not guilty for the offence under Section 20 of the Unlawful Activities (Prevention) Act and they are acquitted under Section 235(1) CrP.C for the said offence.
3SC 2/2011 Gokul Chat
The accused No.5 & A6 are found not guilty for the offences punishable under Sections 120(B), 302, 307, 436, 121A and 153A of IPC, Sections 3 & 5 of Explosive Substances Act, 1908 and Sections 13(1)
(a)(b), 16, 18 and 20 of the Unlawful Activities (Prevention) Act, 1967 and Section 4 of Prevention of Damage to Public Property Act, 1984 and accordingly A5 & A6 are acquitted for the said offences under Section 235(1) Cr.P.C. A5 & A6 shall be set at liberty if they are not required in any other case or cases.
FOR SENTENCE PART REFER TO
PAGE Nos ___________ OF THIS
JUDGMENT.
: J U D G M E N T :
1.The accused No.2, A3, A5 and A6 stand charged for the offence punishable under Sections 120(B) r/w Sections 302, 307, 436, 121A and 153A of IPC, Sections 3 & 5 of Explosives Substances Act, 1908 and
Sections 13(1)(a)(b), 16(a) & (b),18,20 of Unlawful Activities (Prevention)
Act, 1967 and Section 4 of Prevention of Damage to Public Property Act, 1984.
2.The brief facts of the case of the prosecution are that the Indian
Mujahidden terrorists, accused No.1 Riyaz Bhatkal @ Roshan Khan @ Aziz @ Ahmed Bhai, Accused No.4 Iqbal Bhatkal @ Mohammed Bhai, and
Accused No.7 Amir Reza Khan who are presently absconding and wanted by Indian Police, and Accused No.6 Mohd. Saidque Israr Ahmed Shaik @ 4SC 2/2011 Gokul Chat
Yasree @ Imran provided leadership, direction and logistical support, entered into criminal conspiracy during the period from July, 2007 to
August, 2007 at Pune, Hyderabad and other places, with the accused No.2
Anik Shafique Sayeed @ Anique @ Khaled @ Ashfaq, Accused No.3 Mohd.
Akbar Ismail Chowdhari @ Sayeed @ Yakub @ Vinod Patil and Accused
No.5 Farookh Sharfuddin Tarkash @ Abdullah to wage war against State and create disharmony among the communities by carrying out series of bomb blasts in crowded places of Hyderabad such as at Gokul Chat
Bhandar, Koti, Hyderabad, 2) Lumbini Park, 3) at Dilsukhnagar, Hyderabad in order to take revenge against Hindu community whom they suspected to be responsible for the blasts in Mecca Mosque that occurred during
May,2007 and in pursuance of the said conspiracy and in course of same transaction, committed the following overt acts. The terror outfit by name “Indian Mujahidden” has come to light for the first time in November, 2007 immediately after bomb blasts in the courts of Lucknow, Faizabad and
Varanasi in Uttar Pradesh. Through an email released to the media, they claimed responsibility for the blasts. In the same email they also claimed the responsibility for the Hyderabad Twin Blasts at Gokul Chat and Lumbini
Park of August, 2007. The identity of the operatives of the Indian
Mujahidden (IM) remained absolutely unknown till the day on which (19.9.2008) the Delhi Police had an exchange of fire with the IM operatives. The leads were further followed which resulted in the arrest of large number of operatives by Delhi and Mumbai police in various parts of the country. Their interrogation revealed the involvement of the IM in 5SC 2/2011 Gokul Chat bomb blasts in the country from as early as February, 2005 including the twin blasts that occurred at Hyderabad on 25th of August, 2007. The
Accused No.1 and A4 clearly confessed about commission of the blasts in
Hyderabad, namely Gokul Chat, Lumbini Park, in the Emails released to press vide document No.272. Further the said emails disclosed insult and humiliation to the Hindu community arousing bitter feelings among
Hindus. The student Ismalic Movement of India (SIMI) was established in 1977 in Aligarh and the objectives of SIMI were governing human life on the basis of quran, propagation of Islam, “Jehaad” (religious war) for the cause of Islam, destruction of Nationalism and establishment of Islamic rule or caliphate. The Accused No.1, A4 and A6 were active members of
SIMI. A7, A6, A4 and A1 are the founder members of the IM which was built as an off shoot of Let (LakshareToiba). That on 25.8.2007 at about 7.30 p.m, almost all 47 deceased and the injured, among others visited
Gokul Chat Bhandar, in Koti, Hyderabad to eat chat eatable and/or to get parcels of chat eatables, but they sustained fatal/grievous/serious injuries and some of them succumbed to injuries, because of the explosion of bomb, planted by A1Riyaz Bhatkal on the Ice Cream making machine at Gokul
Chat in pursuance of criminal conspiracy entered into by Accused No.1 to 7.
During the period from July, 2007 to August, 2007 at Pune, Hyderabad and other places, the accused entered into criminal conspiracy, agreeing to cause large scale murders of innocent people, setting fire in Gokul Chat
Bhandar by explosion of bombs and also conspiring to wage war against the state, abetting waging of war etc, promoting enmity between groups on the 6SC 2/2011 Gokul Chat ground of religion prejudicial to maintenance of harmony, violating provisions of Prevention of Damage to Public Property Act, 1984 by using explosive substances, advocating or inciting the commission of any unlawful activity etc. In pursuance of the said conspiracy, the accused committed the following overt acts.
a)In July, 2007. A1, A4 called Accused No.2, A3 and A5 to the flat of
Dr. Anwar Abdul Bagwan (who is accused No.21 in Crime No.152 of 2008 of DCB, CID, Mumbai, MCOCA No.4/2009) at Kamal Deep Apartments,
Pune, and told A.2 and A.3 that they wanted to take revenge for Mecca
Mosque blast of Hyderabad on suspicion that it was the work of Hindu
Terrorists. They further instructed A2 first to go to Hyderabad, take a flat on rent in Hyderabad in Hindu locality by falsely telling a Hindu name without taking help of any local person in Hyderabad. On request of A2,
A5 telephoned to PW.122 who is relative in Hyderabad, informed him that A.2 intended to go to Hyderabad on some work and asked him to provide shelter and logistic support at Hyderabad. Around 20th or 21st
July, 2007, A.2 telephoned to PW.122 to receive him at Dilsukhnagar bus stop and accordingly PW.122 received A2, took him to his room, introduced him to his room mates viz., S. Srinivasa Reddy (LW.133),
PW.128, Jangam Mallikarjun (LW.135) with whom A2 stayed for two days. A2 asked PW.122 to show well known and historical places worth seeing in Hyderabad and also asked for route map of Hyderabad city, but
PW.122 told him that he had no idea about availability of route map of
Hyderabad. Then on the request of A2, PW.122 took him to Golconda 7SC 2/2011 Gokul Chat
Fort, 7 Tombs, Neckslace Road, NTR Garden, Lumbini Park and Gokul
Chat. PW.122 also took A2 to Ameerpet and showed Dhoom
Technologies computer Institute, and then to Jagadish Market in Abids where A2 purchased one second hand Nokia mobile cell phone for a sum of Rs.500/. On the request, PW.122 gave xerox copy of his identity card, black and white photos to accused No.2 who in turn produced the same and purchased one SIM Card of Hutch company. In the evening, A2 left
PW.122's room stating that he was going back to Pune, but A.2 did not go to Pune.
b)After leaving the room of PW.122, on 23.7.2007 itself, A.2 took a room in Azizia Lodge Nampally, belonging to PW.87, entered in his particulars in Register of visitors in his own handwriting and signed. A.2 stayed there upto 30.7.2007 till 4.00 p.m Basing on classifieds in Deccan
Chronicle News Paper, A.2 contacted G. Hariram (PW.34), took his flat
No.302, at Banjara Nilayam Apartments, Habsiguda, Hyderabad on a rent of Rs.4,000/ per month on 30.7.2007 by executing a rental deed and paying advance of Rs.10,000/ by specifying therein a false name as “Satish
Gaikwad” and signed on rental deed as Satish.
c)After taking the flat on rent at Habsiguda, A2 telephoned to
A1, informing him about taking a rented house. After 3 days, A1 sent A3 to Hyderabad from Pune. A3 told A2 that A1 wanted them to identify the places where huge congregation of people would be there. A2, A3 took admission in the institute of PW.88 (examined as PW.49 in SC
No.3/2011) viz., Dhoom Technologies at Ameerpet with false names as 8SC 2/2011 Gokul Chat “Satish Gaikwad” and “Vinod Patil” respectively by paying Rs.2,500/ each as fee for the course. Fee receipts and identity cards were issued to them in the names of “Satish Gaikwad” and “Vinod Patil” respectively.
d)After 7 or 8 days, A1 came to Hyderabad, A2 and A3 took A 1 to Lumbini Park, Dilshukhnagar, Gokul Chat, Secunderabad, Ameerpet, and Charminar. A1 to A3 also had a boat ride in the Hussain Sagar Lake starting from Lumbini Park. A1 Riyaz Bhatkal stayed with A2 and A3 for 2 days and went away. While going, A1 asked them to buy a TV.
Accordingly A2 purchased a T.V. at shop of PW.90. One week before the blast, A1 Riyaz Bhatkal telephoned to A2 and informed him that he was sending one parcel through a driver of a bus and asked him to collect that parcel from Chaderghat area by informing cell phone number of bus driver.
Accordingly, A2 collected the parcel and kept it in the flat at Habsiguda.
e)Three days before the blast, once again A1 Riyaz Bhatkal came to Hyderabad. A1 instructed A2 to keep a bomb in the boat at
Lumbini Park and A3 Akbar to keep a bomb in Dilsukhnagar. He also offered to keep another bomb in Gokul Chat, Koti. All the places were selected by A1; A2 and A3 purchased three bags at the shop of Tajuddin (LW.127), and A1 and A2 purchased square batteries at the shop of
PW.89 and Divyesh Khodoria (LW.132)
f)One day before the blast, i.e, on 24.8.2007, A1 Riyaz Bhatkal opened the parcel. There were four wooden boxes containing explosives which were cellotaped, detonators, multimeters and six watches. In that parcel, other circuits were also found. A1 assembled the bombs by 9SC 2/2011 Gokul Chat connecting the detonators, batteries and the timer clocks. He did not fix batteries to the timer clocks. After assembling the bombs, A1 kept one bomb in each bag, he gave pencil cells to A2, A3 and asked them to keep the pencil cells in the watches 20 or 30 minutes before keeping the bombs at the places specified to them. The rawmaterials including the electronic testers which were left over after assembling of the bombs were kept in polythene bags and thrown in the ducts in the flat at Banjara Nilayam.
g)As per their plan, A2 went to Lumbini Park to plant the bomb in the boat, however, the boat had left by that time. A2 had already placed the battery in the bomb. Consequently he was not having much time to place the bomb in the boat. He went to the Laserium show at Lubmini Park and planted the bomb. A1 Riyas Bhatkal planted the bomb at Gokul Chat,
Both bombs exploded. A3 kept the bomb near foot over bridge in
Dilsukhnagar and it did not explode.
h)On 25.8.2007 at about 19.30 hours, on receipt of VHF message from from main Control Room of Commissioner of Police,
Hyderabad, that a bomb blast occurred at Gokul Chat Bhandar, Koti,
Hyderabad, PW.137 (N. Subash Babu) rushed to the spot along with his staff and found about 25 persons dead on the spot and several other injured. Immediately with the assistance of public and his staff, PW.137 shifted the injured persons to the nearest hospitals in police Rakshak vehicles, autos and ambulances. He recorded statement of PW.1 (owner of Gokul Chat Bhandar), who stated that he is running Chat Bhandar under the name & style as “Gokul Chat Bhandar” at Koti. On 25082007 10SC 2/2011 Gokul Chat evening while he was in the cash counter located inside the shop, his nephew Puneeth Vijay Wargee was sitting at the other cash counter, beside
Ice Cream making machine. At 07:30 PM his daughter brought tea from his house and while he was drinking tea, suddenly he heard loud blasting sound in his shop, where many of customers were purchasing and eating eatables in the shop. The smoke spread over in the shop. He noticed all his servants and customers, crying and running helter skelter from the shop.
He found that many persons fell down on the floor with bleeding injuries and some bodies without heads etc. Immediately the passers by rushed into the shop and started shifting the dead bodies and also injured persons in different autos, ambulances, and also in police Rakshak vehicles to hospitals. He found that about 25 persons died on the spot and several persons including his servants and his nephew sustained severe injuries.
Obviously, unknown terrorists planted High Explosive device on the Ice
Cream making machine. Due to impact of bomb blast, complete machine was damaged and also interior decoration of the shop collapsed. All the floor of the shop was drenched with blood. Some brain matter and pieces of bodies were lying here and other. On such statement, PW.137 forwarded the same to Police Station Sultan Bazaar through PC 2783 and the same was registered as Crime No.220/2007 under Sections 302, 307, 120(B) IPC and Sections 3 & 6 of the Explosive Substance Act and issued
FIR,. On receipt of file, PW.137 recorded the detailed statement of PW.1, got the scene of offence photographed. PW.137 drafted observation panchanama of scene of offence in the presence of mediators ie PW.98 and 11SC 2/2011 Gokul Chat
Mehul G. Mota (LW.162) and with assistance of PW.129, he collected material objects namely (1) pieces of black coloured bag (2) Metallic balls (3) pieces of battery (4) pieces of wire and (5) pieces of container, collected from the different places at the scene of offence under the cover of panchanama and prepared a sketch of the scene of offence. PW.137 visited Aditya hospital and examined the injured P.Ws 2 to 5 and LW.6 (Rajesh Kumar Vijay Wargee) and recorded their statements. It is very pertinent to note that P.Ws 3, 5 and LW.6 (Rajesh Kumar Vijay Wargee) and PW.54 stated that on 25082007, at about 07:30 PM., they observed a person who visited Gokul Chat Bhandar, Koti and left a bag, obviously containing a bomb on the Ice Cream making machine of Gokul Chat
Bhandar. PW.137 conducted inquest over the dead body of D1 (K. Sai
Swaroop) in the presence of mediators and referred the dead body for postmortem examination. PW.118 conducted postmortem examination on the dead body of D1, issued PME report and opined that the cause of death is “multiple injuries due to bomb blast”. On 25082009 night LW.256 (S.
Madan Mhan Reddy, SIP) conducted inquest over the dead body of D2 (E.
Shyam Rao) at OGH Mortuary in the presence of mediators and recorded the statement of PW.7 and referred the dead body for postmortem examination, and that PW.118 conducted PME and issued PME report and opined that cause of death is due to “multiple injuries due to bomb blast”.
P.Ws 116, 118 and LW.244 (J. Jayaraj, Associate Professor) conducted postmortem examinations on the dead bodies and issued their opinions.
PW.114, PW.121, PW.124 and other doctors treated the injured and gave 12SC 2/2011 Gokul Chat medical certificates. PW.137 who collected the M.Os at the scene of offence and which were removed from the dead bodies and injured persons, sent them to FSL for examination and report through letter of advice to FSL and FSL furnished report/opinion vide file
No.CHE/378/2007, dated 13.10.2007.
i)Subsequently the case was reregistered as Crime No.99 of 2007 of
CCS and investigation taken up by PW.111. He examined and recorded the statements of witnesses.
j)While the investigation was in progress on 21.10.2008, a written information was received from Additional Commissioner of Police (Crimes)
Mumbai vide letter OW No.498/2008, dated 21.10.2008 addressed to the
Commissioner of Police, Hyderabad informing that the accused No.1 to A4 in that case, were arrested in Crime No.152/2008 under Sections 295(A), 505(2), 507, 506(ii), 120(B), 121, 122 and 286 IPC r./w Sections 3, 25 of
Arms Act r/w S.6 & 9(B) of the Explosives Act r/w Sections 4 & 5 of
Explosives Substance Act, 1908, Sections 10, 13 of Unlawful Activities (Prevention) Act, 1967 r/w Section 66 of the Information Technology Act,
Section 3(1)(ii), 3(2), 3(4) of MCOC Act, 1999 of DCB, Mumbai, and thay were in the custody of Special Designated Court, Mumbai. While the investigation was in progress by SIT, Hyderabad, the government declared the office of OCTOPUS (Organisation for counter Terrorist Operations) as
Police Station with entire State as its jurisdiction, vide GO Ms.No.272 (home PSC) Department dated 15.11.2008, and followed by orders of
Hon'ble High Court, this Court is designated as Court for trial and disposal
13SC 2/2011 Gokul Chat of the cases filed by OCTOPUS Police Station, Hyderabad, as committed by
I ACMM, Hyderabad. Thus, the case was transferred to SHO,
OCTOPUS,Hyderabad, and it was reregistered as Crime No.3/2008, and
PW.140, took up investigation, visited the scene of offence, re examined
PW1, reconstructed the scene of offence, added sections of law under
Section 121(A), 153A and 438 IPC and Sections 3 & 4 of Prevention of
Damage to Public Property act, 1984 and Section 7 of Criminal Law
Amendment Act, and during the course of investigation, he rerecorded the statements of the witnesses, brought the accused from Central Prison,
Mumbai on transfer by the MCOCA Court.
k)PW.92, PW.95 and LW.141, eye witnesses stated that on 28.8.2007, ten minutes prior to commencing of laser show in the Lumbini Park at about 1905 hours, they had noticed one person aged 25 years, carrying a black colour college bag, with oval face, lean built, height about 5.6 came hurriedly to the Laserium show, occupied a Seat located at the center of the rows in blue colour seats, that a little later kept bag on his adjoining seat and that after 5 minutes he left the place leaving the bag on the seat and went outside, and that they thought that he left his bag in the seat as a token of reserving the seat. Since there was bright lightning in the theater, as they observed him closely and noticed the physical features. The said person did not return. A little later there was an explosion of bomb with very big noise from the very place where the bag was kept. The said witnesses further stated that they can identify the said person, if they see him again.
14SC 2/2011 Gokul Chat
l)P.Ws 82, 83 and 84, eye witnesses stated that 0n 25082007, at about 19:05 hours, they observed one person aged about 25 years, hanging a black colour bag to the handle of the motor cycle of PW.82 which was parked on service road near foot over bridge in front of JC Brothers shopping Mall, Dilsukhnagar and they also stated that the person who hand the said bag to the motor cycle handle was clad in jeans pant and full sleeves shirt, that he was of medium complexion, medium built and oval face, that he was tall about 5'99”, height and having trimmed beard and they observed him closely and noticed his physical features and that they can identify the said person, if they see him again.
m)In view of the same, PW.147 filed requisitions before the learned
Chief Metropolitan Magistratecum1 Addl. Senior Civil Judge, RR Dist, who appointed VII Metropolitan Magistrate, Cyberabad for conduct of the identification parade of the accused and VII MM conducted the test identification parade of accused No.2, A3. Subsequently on requisition of
PW.147, the police custody of accused No.2 & 3 was granted, and during the police custody the accused were thoroughly interrogated, and their confessional cum seizure panchanamas were separately recorded in the presence of mediators. In pursuance of confession made by accused No.2 and 3, seizure of material was effected under cover of seizure panchanams in the presence of mediators.
n) In pursuance to the confession, A2 led PW.147, LW.222 (V. Srinivas) and PW.97 and team to Banjara Nilayam Road No.8, Habsiguda,
Hyderabad where he stayed during and prior to the execution of the blast.
15SC 2/2011 Gokul Chat
He also took PW.147 along with mediators to the terrace, showed duct in which he threw one polythene cover containing the remnants of the bombs and left over material after preparation of bombs. A polythene cover containing remnants of the material like detonators, alarm time piece parts,
ID card of Dhoom Technologies with false name of Satish Gaikwad, fee receipt of Dhoom technologies and other material were seized at the instance of accused No.2 under seizure report. A2 also showed the owner of the flat No.302, with whom he had entered into rental deed agreement for the flat on 30.7.2007, and the original rental deed was seized at his instance from the possession of G. Hariram (PW.34).
o)In pursuance of the confession made by A3, on reaching
Banjara Nilayam, he pointed one door on the ground floor which led to the duct in which he threw one old electric meter case box with polythene cover containing the remnants of bombs and left over material after preparation of bombs. The electric meter case box containing a polythene cover in which the remnants of the material like detonators, 9v battery, battery connector, multimeter, electric tester, Id card of Dhoom technologies with the false name of Vinod Patil, fee receipt of Dhoom
Technologies were seized at the instance of A3 under cover of seizure panchanama in the presence of mediators in this crime.
p)A.2 also led PW.147 and his team to Chilkur Venkateswara cables at street Noo.8, Habisguda, Hyderabad from whom he took cable connection for his flat No.302, during his stay, and the customer's payment book containing the particulars of the accused entered in the name of Satish, was 16SC 2/2011 Gokul Chat seized at the instance of A2 from the possession of PW.86, Manager of
Chilkuru Venkateswara cables under the seizure report.
q)A.2 also led PW.147 and his team to Dhoom Technologies, where book containing admission particulars of A2 and A3 in the names of Satish Gaikwad and Vinod Patil respectively, the book containing counterfoil of the fee paid by the accused, raised in the name of Satish
Gaikwad and Vinod Patil and rubber stamp used on the identity cards of the accused issued at the time of their admission, were seized under cover of seizure panchanams at the instance of A2 from the possession of PW.88 (owner of Dhoom Technologies). Subsequently, A3 led the investigation team to the same proceedings.
r)A.2 also led PW.147 and his team to Azizia Lodge at Nampally where he stayed for one week i.e, from 230707 to 30.07.2007 before taking the flat at Habsiguda on rent and at his instance the Visitors Register containing the particulars of A2, entered in his own handwriting was seized from the possession of PW.87 (owner of Azizia Lodge) under cover of seizure report.
s)A2 and A3 lead the police party to Gowliguda bus stop where
A2 showed the place where he received the parcel sent by A1 (Riyaz
Bhatkal) but he failed to identify the bus or bus driver inspite of best efforts. The statement of PW.122 was recorded by the learned II
Metropolitan Magistrate for Railway, Secunderabad was corroborated to the complicity of the accused in the blasts at Lumbini Park, Gokul chat and the planting of an IED (which did not explode) at Dilsukhnagar on 17SC 2/2011 Gokul Chat 25.8.2007.
t)On 28.2.2009 PW.147, collected specimen handwritings and signatures of A2 before the Court and along with questioned documents and letter of advice sent to FSL, Hyderabad for comparison and report through Court vide letter in Dis No.546/IACMM/Hyd, dated 5.3.2009. He also sent material objects, which were seized at the instance of A2, A3 separately at Flat No.302 along with letter of advice through Court for examination and report to FSL, Hyderabad. He also sent identity cards, rubber stamps, etc along with letter of advice to FSL for examination and opinion
u)Then IO filed memo before the learned Chief Metropolitan
Magistrate Court at Hyderabad to address letter to MCOCA Court to issue
transfer warrant against Farookh Sharuffidn Taarkash @ Abdullah @
Peter. Accordingly letter was addressed to MCOCA Court and MCOCA
Court issued transfer warrants against A.5 & A6, who were brought before the Court, remanded to judicial custody, and subsequently they were interrogated by taking custody, and in pursuance of their confession, visited
Pune and Bombay, collected evidence, copies of rental agreements, where the accused hatched criminal conspiracy. Permission to prosecute the accused under Sections 3 and 5 of the Explosives Substance Act, 1908 was obtained from the Collector, and also for the offences under Sections 120
B, 121A, 153A IPC from the Government, and for the offences under
Sections 13(1)(a)(b),16,18,19 & 20 of Unlawful Activities (Prevention) Act, 1967.
18SC 2/2011 Gokul Chat
v) Thus, after completion of investigation, it is established that A1 to A 7 during the period from July, 2007 to August,2007 at Pune, Hyderabad and other places, entered into criminal conspiracy agreeing to cause large scale murders of innocent people by exploding bombs. They conspired to wage war against the State, promote enmity between groups on grounds of religion prejudicial to maintenance of harmony, violate provisions of
Prevention of Damage to Public Property Act, 1984, by using Explosive substance like a bomb, advocating or inciting the commission of any unlawful activity etc. Thus, all the accused, conspired and committed the offences under Sections 120(B) r/w Sections 302, 307, 436, 121A and 153A IPC, Sections 3 & 5 of Explosives Substances Act, 1908 and Sections 13(1)(a)(b), 16,18,19,20 of Unlawful Activities (Prevention) Act, 1967 and
Section 4 of Prevention of Damage to Public Property Act,1984.
3.The learned I Additional Chief Metropolitan Magistrate, Hyderabad took the case on file under Sections 302, 307, 436, 121A and 153A read with 120(B) of IPC, Sections 3 & 5 of Explosives Substances Act, 1908 and
Sections 13(1)(a)(b), 16,18,19 and 20 of Unlawful Activities (Prevention)
Act, 1967 and Section 4 of Prevention of Damage to Public Property Act, 1984, accused No.2, A3, A5 and A6 vide PRC No. 17/2009, complied with the provisions of Section 207 Cr.P.C., and committed the case for disposal in accordance with law.
19SC 2/2011 Gokul Chat
4.On production of the accused from jail, before this Court and on hearing both sides, the following are the charges framed against A2, A3,
A5 and A6, as under:
Charge No.1:
That, (A2, A3, A5, A6) along with A1, A4, A7 on 2582007 at 730 pm at
Gokul Chat Bhandar, Koti, Hyderabad, did commit murder by intentionally causing the death of 32 persons viz., K. Sai Swaroop, E. Shyam Rao, Mohd.
Wahed, B. Sudheer, Potuluri Vigna, Dr. Chaitanya Prasad, Mohd, Rizwan Ali, P.
Vinay Babu, Kum. Joshi Prathuasha, Krishnaiah, Smt.Raheemunnisa Begum,
Akrammulah Khan, Mohd Ameer, Mohd Saleem, Sayeed Fareeda Naaz, Master
Mohd Ali, Kalipakala Ram Mohan Rao, K.Krishna Chand, Ahmed Mohiuddin,
Kundan Dass Lalyani, Smt.S.M.Irfan Dowla, Kumari Baade Sravanthi, Smt.Ch.
Susheela @ Sumitha, Shiva Krishna, Kum.M. Sree Lekha, Bungapatla Ramesh, T.
Phaneendra @ Bhanti,Yahya Abdul Khader Syed, G.S. John Isreal, P. Srinivas
Prasad, B. Laxmi, Lavu Swamy Babu by exploding a bomb, planted on the ice cream making machine at Gokul Chat, Koti, Hyderabad and that thereby committed an offence punishable under Section 302 of the Indian Penal Code and within my cognizance.
Charge No.2:
That, (A2, A3, A5, A6) along with A1, A4, A7 on 2582007 at 730 pm attacked 47 persons viz., Puneet Vijay Wargi, Naval Kishore Vijay Wargi, Gulab
Chand Vijay Wargi, Vijay Kumar Yadav, Rajesh Kumar Vijay Wargee, Dr. Mohd
Ahmed Mohiuddin Ali Khan,Ch. Narender Kumar, A.Laxmi Narayana, Smt. S.
Vimala, Smt. A. Pushpa, S.Praveen Kumar, A.Sridhar, Kum. Asmathunnisa,
D.Satyanarayana Pawal Agarwal, D. Shiva Shanker Rao, M.A. Baqui @ Babu Bhai, 20SC 2/2011 Gokul Chat
Smt.Ch.Shravanthi,Vengal Das Srinivas, Vittal Rao, G. Sadashiva Reddy, K. Uday
Kumar, M.Suman, N. Vamsi Chakravarthy, G.Balakrishna, Thoviti Naga
Brahmachary, Smt. G.Anuradha, Shed Mohiuddin, M.A. Haneef, P.Badushah, K.V.
Sharma, P. Rama Krishna, Kum.G. Sri Latha, Smt. C. Sunitha, Smt. C.Meena,
Khaja Rafiuddin Ahmed Ansari, Rahamathullah @ Raheem, Y. Srinivas, Mrs. Y.
Hymavathi, Miss.D. Priyanka, Miss. Vaishnavi, B. Srikanth by exploding a bomb, planted on the ice cream making machine at Gokul Chat Bhandar, Koti,
Hyderabad, with an intention to kill them, that if by that act, had caused the injuries of above said 47 persons they would have been guilty of murder, and that thereby committed an offence punishable under Section 307 of the Indian Penal
Code and within my cognizance.
Charge No.3:
That, (A2, A3, A5, A6) along with A1, A4, A7 on 2582007 at 730 pm, committed mischief by explosing a bomb, planted on the ice cream making machine at Gokul Chat Bhandar, Koti, Hyderabad, intending to cause the destruction of the Gokul Chat Bhandar and to cause large scale murders innocent people and that thereby committed an offence punishable under Section 436 of the Indian Penal Code, and within my cognizance.
Charge No.4:
That, (A2, A3, A5, A6) along with A1, A4, A7 conspired to commit any of the offence punishable under section 121, or to overawe, by means of criminal force or show of criminal force, on 2582007 at 730 pm by exploding a bomb, planted on the ice cream making machine at Gokul Chat Bhandar, Koti,
Hyderabad, to cause large scale murders of innocent people, to wage war against the state and that thereby committed an offence punishable under Section 121A of the Indian Penal Code and within my cognizance.
21SC 2/2011 Gokul Chat
Charge No.5:
That, (A2, A3, A5, A6) along with A1, A4, A7, promoted feelings of enmity or hatred between the groups viz., prejudicial to maintenance of harmony between the said groups, disturbed or likely to disturb public tranquility, on 258 2007 at 730 pm by exploding a bomb, planted on the ice cream making machine at Gokul Chat Bhandar, Koti, Hyderabad, and thereby committed an offence punishable under Section 153A of the Indian Penal Code, and within my cognizance.
Charge No.6:
That, (A2, A3, A5, A6) along with A1, A4, A7, agreed to do an illegal act or an act by illegal means viz., entered into criminal conspiracy, agreeing to cause large scale murder of innocent people by explosion of bombs, conspiring to wage war against the stage, abetting wage of war etc., promoting enmity between groups on the grounds of religion prejudicial to maintenance of harmony, by using explosive substances and in pursuance of the said conspiracy, on 2582007 at 7 30 pm by exploding a bomb, planted on the ice cream making machine at Gokul
Chat Bhandar, Koti, Hyderabad, which caused large scale murder and injuries to innocent people and that thereby committed an offence punishable under Section 120B of the Indian Penal Code and within my cognizance.
Charge No.7:
That, (A2, A3, A5, A6) along with A1, A4, A7 on 2582007 at 730 pm unlawfully exploded a bomb, planted on the ice cream making machine at Gokul
Chat Bhandar, Koti, Hyderabad, due to which 32 persons murdered (mentioned in charge under Section 302 IPC) and 47 persons sustained injuries (mentioned in charge under Section 307 IPC) and that thereby committed an offence punishable under Section 3 of The Explosive Substances Act, 1908, and within my 22SC 2/2011 Gokul Chat cognizance.
Charge No.8:
That, (A2, A3, A5, A6) along with A1, A4, A7 made IED bomb to cause explosion and on 2582007 at 730 pm exploded a bomb, planted on the ice cream making machine at Gokul Chat Bhandar, Koti, Hyderabad, due to which 32 persons murdered (mentioned in charge under Section 302 IPC) and 47 persons sustained injuries (mentioned in charge under Section 307 IPC) and that thereby committed an offence punishable under Section 5 of The Explosives Substances
Act, 1908, and within my cognizance.
Charge No.9:
That, (A2, A3, A5, A6) along with A1, A4, A7 made IED bomb to cause explosion and on 2582007 at 730 pm exploded a bomb, planted on the ice cream making machine at Gokul Chat Bhandar, Koti, Hyderabad, advocating or inciting the commission of unlawful activity and that thereby committed an offence punishable under Section 13(1)(a) and (b) The Unlawful Activities (Prevention) Act, 1967 and within my cognizance.
Charge No.10:
That, (A1, A2, A5, A6) along with A3, A4, A7 on 2582007 at 730 pm conspired and attempted to commit commission of a terrorist act viz., exploding a bomb, planted on the ice cream making machine at Gokul Chat Bhandar, Koti,
Hyderabad, due to which 32 persons murdered (mentioned in charge under
Section 302 IPC) and 47 persons sustained injuries (mentioned in charge under
Section 307 IPC), to threaten the unity, integrity, security or sovereignty of India or with intent to strike terror or likely to strike in the people or any section of the people in India or in any foreign country and that thereby committed an offence punishable under Section 16 (1), (a) and (b) The Unlawful Activities (Prevention) 23SC 2/2011 Gokul Chat
Act, 1967 and within my cognizance.
Charge No.11:
That, (A1, A2, A5, A6) along with A3, A4, A7 on 2582007 at 730 pm conspired and attempted to commit commission of a terrorist act viz., exploding a bomb, planted on the ice cream making machine at Gokul Chat Bhandar, Koti,
Hyderabad, due to which 32 persons murdered (mentioned in charge under
Section 302 IPC) and 47 persons sustained injuries (mentioned in charge under
Section 307 IPC), to threaten the unity, integrity, security or sovereignty of India or with intent to strike terror or likely to strike in the people or any section of the people in India or in any foreign country and that thereby committed an offence punishable under Section 18 The Unlawful Activities (Prevention) Act, 1967 and within my cognizance.
Charge No.12:
That, (A1, A2, A5, A6) along with A3, A4, A7 on 2582007 at 730 pm being a member of terrorist gang ie., Indian Mujahideen to commit commission of a terrorist act by exploding a bomb, planted on the ice cream making machine at
Gokul Chat Bhandar, Koti, Hyderabad, due to which 32 persons murdered (mentioned in charge under Section 302 IPC) and 47 persons sustained injuries (mentioned in charge under Section 307 IPC), to threaten the unity, integrity, security or sovereignty of India or with intent to strike terror or likely to strike in the people or any section of the people in India or in any foreign country and that thereby committed an offence punishable under Section 20 The Unlawful
Activities (Prevention) Act, 1967 and within my cognizance.
Charge No.13:
That, (A2, A3, A5, A6) along with A.1,A.4, A.7 on 2582007 at 730 pm exploded a bomb, planted on the ice cream making machine at Gokul Chat 24SC 2/2011 Gokul Chat
Bhandar, Koti, Hyderabad, due to which Gokul Chat Bhandar machine damaged, interior decoration of the shop collapsed and that thereby committed an offence punishable under Section 4 of The Prevention of Damage to Public Property Act, 1984, and within my cognizance.
5.All the above charges were read over and explained to the respective accused in vernacular language and they denied the said charges and claimed to be tried.
6.The above charges against the accused were framed by my predecessor’s predecessor and while framing charges, instead of stating that that “you A2 in conspiracy shared common intention in conspiracy with
A1, abetted and conspired by A5 &A6 and other absconding accused did….”
Inadvertently framed charges as “ A2,A3, A5 & A6 along with other absconding did…_ and thus omitted to frame charges under Sections 34 and 109 IPC, and the omission would not in any way cause prejudice to the accused, as has been explained in the case of State of Uttar Pradesh Vs
Paras Nath Singh, report (2009) 6 Supreme Court Cases 372, wherein it was held as under:
“As the provision itself mandates that no finding, sanction or order by a court of competent jurisdiction becomes invalid unless it is so that a failure of justice has in fact been occasioned because of any error, omission or irregularity in the charge including in misjoinder of charge, obviously, the burden is on the accused to show that in fact a failure of justice has been occasioned.”
Added to this, the substance of the allegations of common intention abetment and conspiracy under Sections 34 IPC, 109 IPC and 25SC 2/2011 Gokul Chat 120B IPC have already been brought to the notice of the accused which is evident from the charge sheet wherein it can be seen the role attributed to each accused and the substance of allegations of each offence.
7.To prove the case of the prosecution, the prosecution got examined Pws. 1 to PW.147 and got marked Ex.P1 to 171 and got marked material objects 1 to 39. The accused were examined under Section 313
Cr.P.C, explaining to them the incriminating material available on record and they denied the evidence of the prosecution witnesses by giving written answers after obtaining permission from this Court and also filed written statement by accused No.2 (Anik). The defence got marked Ex.D1 to D4 during the course of trial through the prosecution witnesses on behalf of the accused and did not adduce any oral evidence.
8.Heard the learned Special Public Prosecutor and the learned
Counsel for the accused No.2, A3, A5 and A6. The common written arguments filed by counsel for A2 (Anik Shafique Sayeed), is adopted by counsel for A3 (Mohd. Aikber Ismail Chowdary). The counsel for A5 & A6 also filed written arguments.
9.The learned Special Public Prosecutor submitted that the accused
No.2 (Anik Shaafique), Akbar Ismal Chowdary (A3), Farooq Sharufddin
Tarkash (A5), Sadiq Israr Shaik (A6) and absconding accused belong to banned Organization “Indian Mujahiddin” and in order to take revenge for the Meccan Masjid blast in Hyderabad and with their motive to establish
Islamic rule, the accused planned to carry out series of blasts at Hyderabad, 26SC 2/2011 Gokul Chat and one of such blasts, was carried at Gokul Chat Bhandar (pertaining to this case in SC No.2/2011), and that if any infirmity in framing of charges that cannot go to the benefit of accused, and that motive of the accused established and the circumstances are leading to irresistible conclusion that the accused carried out blasts at Hyderabad and the gory of injuries are in the nature of flesh and blood detached from the bodies, splinters lodged in the body of individuals etc, and the sufferings inflicted by these killing machines on innocent people include completely able bodied persons becoming bedridden for life, a liability and a painful sight for their loved ones, parents losing their children, loss of sole earning members of families plunging them into despair and penury, just to count a few. The nature of injuries, ghastly pictures from the scene of blast, stories of suffering of people reported by print, visual as well as the social media had moved the sentiment of the while nation, and the accused are to be dealt with capital punishment. The accused individually and collectively waged war against
India by targeting innocent citizens to kill them and cause maximum destruction and in the process incite communal hatred.
10.The learned counsel for the accused (Anik Shafique Sayyed) submitted that till 30.11.2008 there is no any incriminating evidence against the accused and basing on the letter of Additional Commissioner of
Police, Mumbai, P.T. warrant was issued against the accused, and the confessional statement of the accused in Crime No.152/2008 of P.S.
Maatunga are not submitted for perusal of Hon'ble CMM Court, and the prosecution failed to establish the involvement of the accused in any bomb 27SC 2/2011 Gokul Chat blast in any place such as Mumbai, Hyderabad, Allahabad, Surat, Pune,
Bangalore and other places, and Ex.P64 in SC No.1/2011 also did not reveal any allegations or sending any material evidence to the Hon'ble
CMM, except an order dated 5.2.2009. Ex.P64 in SC No.1/2011 does not have any iota of allegations against the accused till 5.2.2009, and the investigating Officers also admitted that there is no any incriminating evidence against accused till 30.11.2008 or 6.2.2009 when they were taken into custody from the central prison, Mumbai. Ex.P60 and Ex.P6 have no value or legal sanctity in the three cases. The nonexamination of material and official witnesses at Bombay and parents, nenighbours of accused is fatal. The accused never confessed the causing of explosive at any place.
PW.34 who is alleged to be father of Vasundara as a owner in SC
No.2/2011 did not identify the accused but identified as A5. Ex.P2 in rental deed got marked as Q4 and Q5, signatures of Satish, examined with
S1 to S57 not proved by handwriting expert (PW.78), the open terrace and duct on the ground floor are accessible to any persons, the seized objects are subject to natural decay, and the recovery after 1 ½ year at the open place is not acceptable under Section 24 of the Evidence Act. The seizure is planted for purpose of this case. The theory of absconding belongs to banned organisation “Indian Mujahiddin” is totally false and baseless. The circumstance of involvement of PW.122 in SC No.2/2011 is invented, he was in wrongful custody for a period of 56 days. The accused Anik
Shafique Sayed never stayed at Azizia lodge, the original register was not sent to handwriting expert. PW.34 wrongfully identified accused A5 instead 28SC 2/2011 Gokul Chat of A.2, and by not proving Q4 and Q5 with Ex.P2 in SC 2/2011 chain link of circumstance is broken. PW.87 in SC 2/2011 stated before the Court that the original register is with him. Three xerox copies of register sent to expert. The accused never came to Hyderabad till he was brought from
Bombay on 6.2.2009, and the prosecution case is invented, the oversight of marking MO.1 cannot be considered, PW.53 in SC 3/2011, PW92 in SC
No.2/2011, PW.96 in SC 3/2011, PW.95 in SC 2/2011 kept silent for a period of 3 days after the incident and there is no proof of examining them in the month of February, 2009 by PW.88. There was no possibility of seeing the assailant in dark night when the lights are switched off before laser show. The allegation of conspiracy and discovery under Section 27 of the Evidence Act invented, created. Handwriting expert must mention reasons with opinion. If no reasons mentioned, it is not conclusive evidence as held in 2017 Crl.C.L. 537 (SC) (D). Nonexamination of Addl.
C.P, Crimes, Mumbai, Joint Commissioner of Police, Mumbai, Addl.
C.P.Ashok Durphe IO in Cr.No.152/2008 of Matunga P.S., Crime
No.162/2002 P.S. Chamber, Hariram in SC 3/2011, Security Staff &
Administrative Offficer who were on duty on 25.8.2007 at Lumbini Park &
Laser Show, scribe of Ex.P29, P.40, Ex.P37, Ex.P37A, Ex.P37B, Ex.P38,
Ex.P38A, Ex.P38B and Ex.P39, neighbours, parents of Anik at Pune, alleged owner of flat No.302, Banjara Nilayam, scribe/author of documents at
Dhoom Technology, is fatal to the case of the prosecution. Ex.P30 (in SC 1/2011), Ex.P29 (in SC No.2/2011), Ex.P36 (in SC 3/2011) are xerox copies. There is no evidence of conspiracy for the offences under Sections 29SC 2/2011 Gokul Chat 120(B), 121A, 153A IPC. Recovery is not reliable as it was recovered 5 days after the incident. There was delay in recording 161 Cr.P.C statements after the incident. Witnesses were planted. There is no proof of presence of Pws. 53 and PW.56 at Laser show as entry tickets not produced.
The medical officers who treated and conducted autopsy did not send swabs of injury or recovered foreign material from the body of the deceased and injured and the same was not sent to FSL to know the components of the blast explosive. The evidence of PW.92 is contrary to each other and to the evidence of PW.75 in SC 3/2011 and V. Muralidhar. The security guards who were present at the entry gate of laser show and who watched and checked not examined.
11.The learned counsel for the accused No.5 & 6 submitted that no explosive substance is seized from the possession or at the instance of accused as per the prosecution story, and recovery of one detonator at the instance of A.1 and A2 from air duct of Banjara Nilayam is contrary to the evidence of witnesses, panch witnesses, IO and other circumstantial witnesses, and so recovery is not proved. The detonator is not explosive substance. There is no evidence to show that the explosive substance is brought to the scene of offence, the main source of said explosive substance not proved. Mere recovery of RDX from the accused itself is not sufficient to infer the accused indulged in terrorist act as defined under Section 15 of the Act. There is no evidence connecting the accused preparing bomb and helping other accused to use for commission of offence of terrorist act.
Pws. 41 and 42 granted sanction in casual manner without application of 30SC 2/2011 Gokul Chat mind. PW.42 simply identified signature of G. Srinivas the then Section
Officer and for sanction under lawful activities act the concerned office was not produced by the prosecution for proving the sanction and hence the same is invalid. The evidence of PW.122 is full of omissions and contradictions, and he did not give reason as to why accused allegedly informed him about the blast claiming responsibility. He did not give proper reasons why he approached the accused who are residents of faraway place. There was no reason for him to visit for marriage alliance again. The alleged extra judicial confession statement was given by the accused in the month of September, or October, 2007 but PW.122 kept quiet for two long years without informing anybody about the alleged statement though as per his own version it was a very serious issue and it is not the case of Pw.122 that he was given any threat not to disclose their statement to any third person. The alleged incidents are pertained to 2007 and the story of this witness, that after coming out of the house he started residing with his friends, there one of the accused visited and subsequently blast took place cannot be taken into consideration as the alleged incident of blast was taken place in the year 2007 itself and the evidence of PW122 cannot be a typographical mistake as he deposed the same statement in three cases. This witness was called number of times and kept in custody and it can be inferred that this witness is a stock witness tutored by police to give statement against the accused, and the same is untrustworthy as held in I) 2011 10 SC 165 Pancho Vs. State of Harayana, iii)AIR 1975 SC 258 and iii) 2006 Crl.L. 4126 Srikanth and another Vs. State. The alleged 31SC 2/2011 Gokul Chat property seized from Banjara Nilayam was not sealed and the place where it was seized was not under exclusive possession of the accused, there is a gap of nearly two years from the alleged placing the articles and their recovery, and the accused is entitled to benefit of doubt as per decisions in 2003 SCC (Cri) 1999 Salim Akthar Alias Mota Vs. State of UP , ii) 1997
SCC (Cri) 315 Saheb Singh Vs. State of Punjab. The duct was not sealed by the investigating Officer. When incriminating material not sealed on the spot raised considerable doubt regarding the factum of recovery. The recovery at the instance of accused if discovery of fact also is not proved by prosecution. Mos. 12 to 22 are easily available in market. Mere knowledge does not amount to possession. Belated discovery raises a question about its evidentiary value. The burden is on the accused to prove a fact under
Section 106 of the Evidence Act. Merely because the accused not able to prove his defence it cannot be presumed that the prosecution case is proved against the accused. There is inordinate delay in recording the statement of witnesses, and there is no proper explanation for the said delay. The accused need not give any explanation or statement during Section 313
Cr.P.C. statement. There are material contradictions in the evidence of eye witnesses with regard to ID particulars of the accused apart from considerable delay. There is no evidence to prove charge of conspiracy.
There is no evidence against A.6. The only evidence of PW.66 against A.5 cannot be taken into consideration.
12.Now the points for consideration are :
I)Does the prosecution prove that the death of the persons mentioned in 32SC 2/2011 Gokul Chat
table No.1 is homicidal due to bomb blast occurred at Gokul Chat Bhandar,
Koti, Hyderabad?
Table No.1:
S.No. Name of the deceased died at Gokul Chat Bhandar
1.D.1K. Sai Swaroop
2.D.2E. Shyam Rao
3.D.3 Mohd. Wahed
4.D.4B. Sudheer
5.D.5Potuluri Vigna
6.D.6Dr. Chaitanya Prasad
7.D.7Mohd. Rizwan Ali
8.D.8P. Vinay Babu
9.D.9Kum. Joshi Prathuasha
10.D.10Krishnaiah
11.D.11Smt. Raheemunnisa Begum
12.D.12Akrammullah Khan
13.D.13Mohd. Amer
14.D.14Mohd. Saleem
15.D.15Sayeeda Fareeda Naaz
16.D.16Master Mohd.Alu
17.D.17Kalipakala Ram Mohan Rao
18.D.18K.Krishna Chand
19.D.19Ahmed Mohiuddin
20.D.20Kundan Dass Lalvani
21.D.21Smt. S.M. Irfan Dowla
22.D.22Kumari Baade Sravanthi
23.D.23Smt. Ch. Susheela @ Sunitha
24.D.24L.Shiva Krishna 33SC 2/2011 Gokul Chat
25.D.25Kumari M. Sree Lekha
26.D.26Bungapatla Ramesh
27.D.27T.Phaneendra @ Bhanti
28.D.28Yahya Abdul Kahder Syed
29.D.29G.S. John Isreal
30.D.30P. Srinivas Prasad
31.D.31B. Laxmi
32.D.32Lavu Swamy Babu
II) Does the prosecution prove that the injuries caused to the persons
mentioned in table No.2 is due to bomb blast occurred at Gokul Chat
Bhandar, Koti, Hyderabad?
Table: 2:
S.No Name of the injuredNature ofPlace of injury Injury
1.Puneet Vijay WargiGrievous Gokul Chat Bhandar, Koti, Hyd.
2.Naval Kishore Vijay Wargi Grievous Gokul Chat Bhandar, Koti,Hyd.
3.Gulab Chand Vijay WargiSimpleGokul Chat Bhandar, Koti,Hyd.
4.Vijay Kumar YadavsimpleGokul Chat Bhandar, Koti,Hyd.
5.Rajesh Kumar Vijay WargeeinjuryGokul Chat Bhandar, Koti,Hyd.
6.Dr.Mohd.Ahmed Grievous Gokul Chat Bhandar, Koti,Hyd. Mohiuddin Ali Khan
7.Ch. Narender KumarsimpleGokul Chat Bhandar, Koti,Hyd.
8.A. Laxmi Narayana Grievous Gokul Chat Bhandar, Koti,Hyd.
9.Smt. S. VimalasimpleGokul Chat Bhandar, Koti,Hyd.
10.Smt. A. Pushpa Grievous Gokul Chat Bhandar, Koti,Hyd.
11.S. Praveen KumarSimpleGokul Chat Bhandar, Koti,Hyd.
12.A. SridharSimpleGokul Chat Bhandar, Koti,Hyd.
34SC 2/2011 Gokul Chat
13.Kum. Asmathunnisa Grievous Gokul Chat Bhandar, Koti,Hyd.
14.D. Satyanarayana Grievous Gokul Chat Bhandar, Koti,Hyd.
15.Pawan AgarwalsimpleGokul Chat Bhandar, Koti,Hyd.
16.D. Shiva Shankar Rao Grievous Gokul Chat Bhandar, Koti,Hyd.
17.M.A Baqui @ Babu Bhai Grievous Gokul Chat Bhandar, Koti,Hyd.
18.Smt. Ch. Shravanthi Grievous Gokul Chat Bhandar, Koti,Hyd.
19.Vengal Das Srinivas Grievous Gokul Chat Bhandar, Koti,Hyd.
20.Vittal Rao Grievous Gokul Chat Bhandar, Koti,Hyd.
21.G. Sadashiva Reddy Grievous Gokul Chat Bhandar, Koti,Hyd.
22.K. Uday KumarsimpleGokul Chat Bhandar, Koti,Hyd.
23.M. Suman Grievous Gokul Chat Bhandar, Koti,Hyd.
24.N. Vamsi Chakravarthy Grievous Gokul Chat Bhandar, Koti,Hyd.
25.G. Bala KrishnasimpleGokul Chat Bhandar, Koti,Hyd.
26.Thoviti Naga BrahmacharysimpleGokul Chat Bhandar, Koti,Hyd.
27.Smt. G. AnuradhasimpleGokul Chat Bhandar, Koti,Hyd.
28.Syed MohiuddinsimpleGokul Chat Bhandar, Koti,Hyd.
29.M.A. HaneefsimpleGokul Chat Bhandar, Koti,Hyd.
30.P. Badushah Grievous Gokul Chat Bhandar, Koti,Hyd.
31.K.V. Sharma Grievous Gokul Chat Bhandar, Koti,Hyd.
32.P. Rama Krishna Grievous Gokul Chat Bhandar, Koti,Hyd.
33.Kum. G. Sri LathasimpleGokul Chat Bhandar, Koti,Hyd.
34.Smt. C.SunithasimpleGokul Chat Bhandar, Koti,Hyd.
35.Smt. C.MeenasimpleGokul Chat Bhandar, Koti,Hyd.
36.Khaja Rafiuddin Ahmed Grievous Gokul Chat Bhandar, Koti,Hyd. Ansari
37.Rahamathullah @ Raheem Grievous Gokul Chat Bhandar, Koti,Hyd.
38.Y. Srinivas Grievous Gokul Chat Bhandar, Koti,Hyd.
39.Y. Hymavathi Grievous Gokul Chat Bhandar, Koti,Hyd.
40.Miss. D. Prayanka Grievous Gokul Chat Bhandar, Koti,Hyd.
35SC 2/2011 Gokul Chat
41.Miss. VaishnavisimpleGokul Chat Bhandar, Koti,Hyd.
42.GangadharsimpleGokul Chat Bhandar, Koti,Hyd.
43.GundappasimpleGokul Chat Bhandar, Koti,Hyd.
44.Mohd. FayaZsimpleGokul Chat Bhandar, Koti,Hyd.
45.Raj Kumar GuptasimpleGokul Chat Bhandar, Koti,Hyd.
46.Ramavath Chandar (MR) Grievous Gokul Chat Bhandar, Koti,Hyd.
47.B.SrikanthSimple Gokul Chat Bhandar, Koti,Hyd.
III)Does the prosecution prove that accused No.1, with the common intention and conspiracy of A2 & A3, and abetment and conspiracy of A5 &
A6 and other absconding accused, caused the death of the persons mentioned in the table No.1 by exploding bomb at Gokul Chat Bhandar, punishable under Section 302 IPC?
IV)Does the prosecution prove that accused No.1, with the common intention and conspiracy of A2 & A3, and abetment and conspiracy of A5 &
A6 and other absconding accused, attempted to murder the persons mentioned in the table No.2 by planting bomb at Lumbini Park, with such an intention or knowledge and under such circumstances that if that act caused the death of persons mentioned in table No.2, they would have been guilty of murder, punishable under Section 307 of Indian Penal Code?
V)Does the prosecution prove that accused No.1, with the common intention and conspiracy of A2 & A3, and abetment and conspiracy of A5 &
A6 and other absconding accused committed mischief by exploding bomb inside the Gokul Chat Bhandar, Koti, Hyderabad intending to cause 36SC 2/2011 Gokul Chat destruction of the Gokul Chat Bhandar's property punishable under Section 436 of Indian Penal Code?
VI)Does the prosecution prove that accused No.1, with the common intention and conspiracy of A2 & A3, and abetment and conspiracy of A5 &
A6 and other absconding accused, within or without India conspired to overawe by means of criminal force or show of criminal force, the Central
Government and the State Government, punishable under Section 121A of
Indian Penal Code ?
VII) Does the prosecution prove that accused No.1, with the common intention and conspiracy of A2 & A3, and abetment and conspiracy of A5 &
A6 and other absconding accused promoted feelings of enmity or hatred between the groups viz., prejudicial to maintenance of harmony between the said groups, disturbed or likely to disturb public tranquility on 25.8.2007 by exploding a bomb inside the Gokul Chat Bhandar, Koti
Hyderabad, punishable under Section 153A of Indian Penal Code?
VIII)Does the prosecution prove that accused No.1, with the common intention and conspiracy of A2 & A3, and abetment and conspiracy of A5 &
A6 and other absconding accused were party to a criminal conspiracy to wage war against the Govt.of India and to commit other offences i.e.offences punishable u/s punishable U/Sec.302 of Indian Penal Code (murder), U/Sec.307 of Indian Penal Code (attempt to murder), U/Sec.436 of Indian Penal Code (mischief by fire or explosive substances with intend to destroy property at Gokul Chat Bhandar, Hyderabad and Section 3 of 37SC 2/2011 Gokul Chat the Explosive Substances Act (unlawful causing explosion), Section 5 of
Explosive Substances Act (possession of Improved Explosive Devices unlawfully), Section 13(1)(b) of Unlawful Activities (Prevention) Act, 1967 (advocating or inciting the commission of unlawful activity), Section 16(a)
(b) of the Unlawful Activities (Prevention) Act, 1967 (to threat the unity, integrity, security or soveri8ghnity of India or with intent to strike terror or likely to strike in the people or any section of the people of India or in any foreign country), and Section 18 of the Unlawful Activities (Prevention)
Act, 1967 (conspired and attempted to commit terrorists act viz., exploding a bomb inside the Lazerium Lumbini Park, Hyderabad), Section 20 of
Unlawful Activities (Prevention) Act, 1967 (being member of unlawful association and committing an act relating to its membership), punishable
U/Sec.120B of Indian Penal Code?
IX) Does the prosecution prove that accused No.1, with the common intention and conspiracy of A2 & A3, and abetment and conspiracy of A5 &
A6 and other absconding accused, unlawfully exploded a bomb inside the
Gokul Chat Bhandar, Koti, Hyderabad, punishable under Section 3 of the
Explosives Substances Act, 1908?
X)Does the prosecution prove that accused No.1, with the common intention and conspiracy of A2 & A3, and abetment and conspiracy of A5 &
A6 and other absconding accused accused were in unlawful possession of explosives under suspicious circumstances, punishable under Section 5 of the Explosives Substances Act, 1908?
38SC 2/2011 Gokul Chat
XI)Does the prosecution prove that accused No.1, with the common intention and conspiracy of A2 & A3, and abetment and conspiracy of A5 &
A6 and other absconding accused, advocated or incited the commission of unlawful activity by exploding a bomb inside the Gokul Chat Bhandar, Koti,
Hyderabad, punishable under Section 13(1)(a) and (b) of the Unlawful
Activities (Prevention) Act, 1967?
XII)Does the prosecution prove that accused No.1, with the common intention and conspiracy of A2 & A3, and abetment and conspiracy of A5 &
A6 and other absconding accused, committed terrorist act by exploding a bomb inside the Gokul Chat Bhandar, Koti, Hyderabad, to threaten the unity, integrity, security or sovereignty of India or with intent to strike terror or likely to strike in the people of any section of the people in India or in any foreign country , punishable under Section 16(a) and (b) of the
Unlawful Activities (Prevention) Act, 1967?
XIII) Does the prosecution prove that accused No.1, with the common intention and conspiracy of A2 & A3, and abetment and conspiracy of A5 &
A6 and other absconding accused committed or attempted to commit commission of terrorist act viz., exploding a bomb inside the Gokul Chat
Bhandar, Koti, Hyderabad, to threaten the unity, integrity, security or sovereignty of India or with intent to strike terror or likely to strike in the people of any section of the people in India or in any foreign country , punishable under Section 18 of the Unlawful Activities (Prevention) Act, 1967?
39SC 2/2011 Gokul Chat
XIV)Does the prosecution prove that the accused No.2, 3, A5 & A6 along with absconding accused, were members of terrorists gang, viz., Indian
Mujahidden to commit terrorist act by exploding a bomb inside the Gokul
Chat Bhandar, Koti, Hyderabad,. Punishable under Section 20 of the
Unlawful Activities (Prevention) Act, 1967?
XV)Does the prosecution prove that accused No.1, with the common intention and conspiracy of A2 & A3, and abetment and conspiracy of A5 &
A6 and other absconding accused, committed damage of the property of
Gokul Chat Bhandar, Koti, Hyderabad, punishable under Section 4 of the
Prevention of Damage to Public Property Act, 1984?
XVI) To what result?
13.To prove the case of the prosecution, the prosecution in all examined Pws. 1 to 147. PW.1 is the complainant who lodged the complaint, P.Ws.2, 4, 35 to 46, 48, 49, 50 to 53, 55, 56, 58 to 60, 62, 65, 66, 70, 75, 81, are injured and circumstantial witnesses, P.Ws 3, 5, 54 are injured and eye witnesses, P.Ws 6 to 33, 34, 47, 57, 61, 63, 64, 67 to 69, 71 to 74, 77 to 80, 85, 86 to 88, 89 to 91, 93, 94, 96, 122, 128, 131 are circumstantial witnesses, 82 to 84, 92, 95 are the eye witnesses, PW.98 is panch witness for scene of offence, PW.97 is panch witness for confession and recovery, 76, 100 to 110, 112, 113, 132 are the panch witnesses, PW.
127 is confessional and pointing out panch, PW.125 is worker in bag shop at Secunderabad, PW. 126 is tenant in Banjara Nilayam, P.Ws 116, 118, 40SC 2/2011 Gokul Chat 123 are the medical officer, P.Ws 114, 115, 117, 119, 120, 121, 124 are the doctors who treated the injured, PW.129 is the Clues Team Officer,
PW.144 is Explosive Expert, PW. 145 is the Inspector of Police, BDS, Expert,
CID, who defused the bombs, PW.130 Scientific Officer, FSL, P.Ws 144, 145 are the Explosive experts, APFSL, P.Ws.99, 133, 138 are the Asst.
Directors, FSL, PW.136 is the SI of Police who issued FIR in Cr. No.
220/07, PW. 137 in the Investigating Officer, PW.111 is the Inspector of
Police who issued FIR in Cr. No. 99/07, PWs. 134, 135 are the Investigating
Officer in Crime No. 99/07, PW.142 is Section Officer sanctioned to prosecution, PWs.139, 146, the Officers who assisted the Investigating
Officers, PW. 140 is the Inspector of Police, Investigating Officer and
PW.147 is the DSP who issued FIR.
14.POINT No.(I) & (II): Does the prosecution prove that the death of the persons mentioned in table No.1 is homicidal due to bomb blast occurred at Gokul Chat Bhandar, Koti, Hyderabad? And POINT No.II)Does the prosecution prove that the injuries caused to the persons mentioned in table No.2 is due to bomb blast occurred at Gokul Chat Bhandar, Koti,
Hyderabad?
To avoid repetition of the evidence and discussion on the points (I) and (II) and for the sake of convenience, the discussion on the points (I) and (II) is taken together.
15.There is no much dispute with regard to the death of the persons mentioned in tableI due to bomb blast and receipt of injuries to 41SC 2/2011 Gokul Chat the persons mentioned in table No.2, but the only question raised by the counsel for the accused is that there was no use of high explosive in the form of I.E.D. (Improvised Explosive Device) as alleged by the prosecution and it was only a low explosive material.
16.Now short question fall for consideration is whether the low explosive or high is explosive used in the 3 places (Lumbini, Gokulchat &
Dilsukhnagar)?
17.On this aspect the learned Special Public Prosecutor submitted that high explosive in the form of IED (Improvised Explosive Devise is hereinafter referred to as IED) (time bomb) used in all three places. Per contra, the learned defence counsel vehemently contended that there is inconsistency in the evidence of PW.92 and PW.75. But on perusal of record, I find there is no such inconsistency as PW.92 categorically denied the said aspect. Moreover PW.92 stated that the material used in all the three places are similar and corresponding to each other and cumulative of material used for preparation of IED with Ammonium Nitrate with emulsifier definitely comes under the high Explosive. There is force in the submission of the learned Public Prosecutor. As per the opinions of the
Experts, the bomb was an IED (time bomb). Hence, I find that the bomb used at Lumbini Park is an IED (time bomb) and it is an high explosive.
18.To prove that the death of persons mentioned in table No.1 and the injuries to the persons mentioned in table No.2, the prosecution 42SC 2/2011 Gokul Chat examined the complainant, eye witnesses, injured, relatives of deceased, inquest panchas, doctors and investigating Officers and got marked scene of offence panchanama, postmortem examination reports and medical certificates etc.
19.PW.1 – Lal Chand Vijaywargi deposed that he is one of the owners of Gokul Chat Bhandar at Koti, Hyderabad. The said Gokul Chat
Bhandar is run by their family members. LW2Punith Vijaywargi is his brother's son. LW3Vijay Kumar Yadav is working in the same Gokul chat
Bandar as Icecream Maker. LW4Gulab Chand Vijaywargi is his elder brother. LW5Nawal Kishore Vijaywargi is his nephew. LW6Rajesh Kumar
Vijaywargi is his elder brother's son. LW's 2, 4 and LW6 are running the same business along with him. PW.1 further deposed that on 2582007
LW's 2 to 4 and 6 were present in the Gokul chat bhander and they were assisting him in the business. LW5 came there to meet them. On the said date at about 7:30 PM., there were several customers in the said shop. His daughter Kajal Vijaywargi brought tea for him from his house. When he was having tea, he heard heavy and serious noise from infront of their shop nearby Icecream cash counter. There are two cash counters. One is chat counter and another is Icecream counter. Therefore, they came outside of their shop and found that several persons were severely sustained injuries.
Several persons lost their arms, hands and legs and also heads and several persons were made into pieces. PW.1 further deposed that he came to know that one person by carrying one bag (black pack) and kept on the ice 43SC 2/2011 Gokul Chat cream making machine in the said chat bandar. His brother's son told him that the said bag was blasted after ten to fifteen minutes after keeping there. The said several persons received injuries due to said blast. Pws. 2, to 5 and LW.6 are the persons, who received injuries due to said blasting.
All the injured persons were shifted to various hospitals in Autos,
Ambulances and Rakshak vehicles. Pws. 2, 4, 5 and LW.6 were shifted in one Auto to the Hospital. PW.3 was also shifted to Hospital in another auto. Their family members visited the said injured persons at the Hospital and they were admitted in Hospital for treatment. PW.1 further deposed that after one hour, he came back to the scene of offence at about 8:30 PM.
By that time, police reached the scene of offence. The Inspector of Police,
P.S.Sultan Bazar recorded his statement and read over the contents to him, he understood the contents and also gone through the contents and put his signature on Ex.P.1 FIR statement.
20.This witness was cross examined by the learned counsel accused and tried elicit from this witness that the incident of fire occurred due to gas cylinders but the same was denied by him. On seeing Ex.P1, he admitted that there are several corrections on it . He cannot say whether he mentioned in Ex.P1 that his brother's son informed him that one person brought a bag and kept on the ice cream making machine. The entire cross examination went around Ex.p1 and nothing was elicited to disbelive his evidence with regard to occuring of blast at his Gokul Chat Bhandar and receipt of injuries to Pws.2 to 5.
44SC 2/2011 Gokul Chat
21. PW.2 – Puneeth Vijaywargi deposed that he is resident of Koti,
Hyderabad. PW1 is his uncle. LW3 Vijay Kumar Yadav is their worker.
LW4 Gulab Chand Vijay Wargi is his father. LW5Naval Kishore Vijay
Wargi is his cousin. LW6 Rajesh Kumar Vijay Wargi is his elder brother.
He is assisting in the business of Gokul Chat to his father and uncle. There are two counters in the Gokul Chat. In one counter, PW1 used to sit and in another counter he used to sit. PW.2 further deposed that on 2582007 he was sitting in the Cash counter of Gokul Chat. He found that one person came to Gokul Chat and kept one bag on the Ice Cream making machine.
He saw the person and questioned him as to why he was keeping the bag on the ice cream making machine and on that he saw him with angry and did not answer him and went away. After that he heard a big noise within 5 minutes and there was a bomb blasting from the said bag and due that several persons were sustained injuries and he was also sustained injuries on his face, left hand, left leg and left side of the chest and also on his head and on several parts of his body. PW.2 further deposed that Pws.3 to 5,
LW.6 also received injuries in the said bomb blast. PW1 shifted him and also PW.4, PW.5 and LW.6 to the Aditya Nursing Home, Boggulakunta. He was in the Hospital for treatment for a period of two months. He can identify the black colour bag, which was kept on the Ice Cream Making
Machine. MO1 is the said bag. The said person, who kept the bag was around height of 5.7'' feet and wheatish colour and lean. The Inspector of
Police, P.S.Sultanbazar examined him and recorded his statement.
45SC 2/2011 Gokul Chat
22.In the cross examination, he stated that he denied suggestioon that he did not state to police in his srtatment that he can identify MO.1. He admitted except black colour he did not give any other details about the bag to the police in his statement. He stated that simle bag like MO1 is available in the market. He admitted that except one side to MO.1, theer is no damage. He further admitted that MO.1 bag does not show any burn marks. Except the same nothing was elicited to disbelieve his evidence with regard to blast and receiving of injuries to the persons.
23.The learned Special Public Prosecutor filed a memo stating that due to inadvertence the bag recovered at Dilsukhnagar (unexploded case in SC
No.1/2011) was marked in this case as MO.1 and in fact the said bag was seized in Dilsukhnagar and photographs were marked under Ex.P2 to P16.
He further stated that the sole intention of the prosecution was to confront the witness to identify whether similar bag was placed on the ice cream machine. The said explanation offered by the Special Public Prosecutor appears to be genuine and the same is accepted by allowing the memo vide separate orders on memo.
24.PW.3 – Vijay Kumar Yadav deposed that he is resident of
Sultan Bazar, Hyderabad. He has been working as Ice Cream Maker in
Gokul Chat Bhandar, Koti, Hyderabad for the last 15 years. PW1, PW2,
PW.4 and LW6 are the owners of Gokul Chat Bhandar. PW.5 is relative of said owners. In the year 2007, on 25th, he does not remember the month, he was making IceCream in Gokul Chat Bhandar at about 7:30 PM, one 46SC 2/2011 Gokul Chat person came to Gokul Chat and kept one bag on the Ice Cream making
Machine. He asked said person why he was keeping the bag. The said person did not give any answer and went to wash basin for clearing off his hands. After that, he was concentrating on his job. PW.3 further deposed that after 10 to 15 minutes he heard a big noise saying “Dhaam”. The said sound was very unbearable. After that he found that from the bag there was some blasting occurred and became very dark. Several customers in the Gokul chat were sustained severe injuries. He was also sustained severe injuries on his both legs, right side ear drum and head. The above said shop owners were also sustained severe injuries due said bomb blast. In
Gokul Chat there are two counters. One counter is in front of the shop and another counter is inside the shop. Rajender Yadav his cousin was also working along with him at that time in Gokul Chat Bhandar. PW.3 further deposed that the shop owners were shifted to Hospital in an Auto. He was also shifted to Goshamahal Hospital in another auto by his brother. He was in the Hospital for two to three days for treatment. The person, who kept the bag on the Ice Cream Machine was in Wheatish colour. He can identify the said bag. MO1 is the same (similar) bag.
25.This witness was cross examined by the learned defence counsel and nothing was elicited to disbelieve as to the occurrence of blast.
MO.1 is treated as similar bag as kept on the ice cream making machine.
26.PW.4 – Gulab Chand Vijaywargi deposed that he is resident of
Koti, Hyderabad. They have been running Gokul Chat Bhandar at Koti,
Hyderabad for the last 35 to 40 years. All his family members are partners 47SC 2/2011 Gokul Chat in said Gokul Chat Bhandar. PW1 is his younger brother. PW2 is his son.
PW3 is worker in Gokul Chat Bhandar. PW.5Nawal Kishore Vijay Wargi is his relative. LW6 Rajesh Kumar Vijay Wargi is son of his elder brother.
PW's 1 to 3 and LW6 also looking after the business of Gokul Chat.
Rajender, who is cousin of PW3 also working in Gokul Chat Bhandar. PW.4 further deposed that on 2582007 between 7:30 Pm to 8 PM., he was talking with his relative LW5Nawal Kishore Vijay Wargi near IceCream
Machine in Gokul Chat, he heard very serious bomb blast sound from back side of the IceCream Machine. The Icecream machine was broken due to said sound. He sustained injuries on his back and ear. It became dark. He noticed several persons also received severe injuries. Some of the persons also died. In the said bomb blasting PW2, PW3, LW5Nawal Kishore Vijay
Wargi and Lw6 Rajesh Kumar Vijay Wargi were also received injuries. His brotherPW1 shifted all four of them to the Aditya Nursing Home for treatment. He was admitted as inpatient for one day in the Hospital. On the same day night, Police recorded his statement. In the year 2008, again special police examined and recorded his statement.
27.This witness was cross examined by the defence counsel. He stated that there were about 100 customers on the day of incident. Nothing was elicited to disbelieve his evidence.
28.PW.5 – Naval Kishore Vijaywargi deposed on 2582007 at about 7:15 PM., himself and PW4 were talking each other nearby IceCream
Making Machine in Gokul Chat Bhandar, Koti, Hyderabad. During the said 48SC 2/2011 Gokul Chat time, PW2 was sitting in the counter of Icecream and PW3 was making Ice
Cream and also PW1 was in the inside counter. One person came inside the
Gokul Chat by hitting his shoulders by carrying a black colour bag. He questioned the said person, why he was hitting him. He did not reply and he kept the bag on the IceCream making machine and he went to hand wash. The said person was wheatish colour and thin and with height of 5.7 “ feet. PW.5 further deposed that after 15 to 20 minutes, he heard that there was a heavy sound of bomb blast from the side of icecream machine.
Due to said bomb blast, several persons were received injuries and also several persons were died. Himself, PW2 to PW4 and LW6 received injuries. He received injuries on his left hand, on the neck and back. PW1 shifted them to Aditya Nursing Home for treatment. He stated to Doctor that due to bomb blasting in Gokul Chat, they received injuries. He was admitted and treated as inpatient for five days in Aditya Nursing Home.
PW.5 further deposed that he can identify the bag (MO1), which was kept on the Ice Cream Making Machine and bomb blasting occurred from said bag(MO1). MO1 is the same bag. The Inspector of Police, P.S.Sultan
Bazar examined him and recorded his statement. After one or one and half year in December, 2008, police Octopus examined him at Begumpet Office and recorded his statement.
29.This witness was cross examined by the defence counsel and nothing was elicited to disbelive his evidence with regard to occurrence of blast, receiving of injuries and death of persons. MO.1 is treated as similar bag as 49SC 2/2011 Gokul Chat kept on the Ice Cream making Machine.
30.PW.6 – Mohd. Yousuf deposed that his second Mohd. Ahmed was died in the Bomb Blast occurred at Gokul Chat Bandhar, Koti about 7 years ago. PW.7 deposed that his friend Naveen died in the Gokul Chat
Bomb Blast at Koti. PW.8 deposed that his son D.Sudhir Kumar (D4) died in the Bomb Blast occurred at Gokul Chat. He went to OGH and identified the dead body that his son. PW.9 deceased Vigna is his son, who was aged 18 years. On 25082007 himself, his son and his brotherinlaw PW.65,
K.V.Sharma went to Masab Tank for Eamcet counseling in JNTU. After that counseling all they three persons went to Koti at about 7.00 PM at Bank
Street, SBI. He was stopped at Bank Street. His son and his brotherinlaw went towards Womens College, Koti. That after half an hour or 45 minutes he observed scrolling in a TV in a shop where he was purchasing
TV spare parts. He found in scrolling that there was a bomb blast occurred at Gokul Chat, Koti. Hence he gave a phone call to his brotherinlaw
PW.65. The said phone was not reachable. He again gave phone call to his another brotherinlaw Bhavani who informed him that in the said bomb blast his son and his brotherinlaw received injuries and admitted in the
OG hospital. PW.9 further deposed that he rushed to the said hospital and found that his son died due to said blasting and dead body was lying there.
In Osmania General hospital he came to know that his brotherin law (LW.77) was admitted in some other hospital for treatment. In Osmania
General hospital he came to know that some terrorists committed the said 50SC 2/2011 Gokul Chat bomb blast in Gokul Chat.
31.PW.10 deposed that the deceased Chaitanya Prasad is his uncle's son, who was doing House Surgeon at OG Hospital, Hyderabad and he was aged about 21 years. On 25082007 while he was watching TV at his house, he observed scrolling and breaking news that there was bomb blast occurred at Lumbini Park and Gokul Chat. One Manasa his another relative was also doing as House Surgeon at OG Hospital told him through phone that Chaitanya Prasad was died in the bomb blast occurred at Gokul
Chat and his dead body was in the OG Hospital. He visited the hospital and saw the dead body of deceased Chaitanya Prasad. The said dead body was shifted to Mortuary in the same hospital. Along with said dead body they found 30 to 32 dead bodies who were died in the Gokul Chat and
Lumbini Park bomb blast. He was in the said hospital upto early hours 2.30 to 3.00 AM and also he assisted in packing the dead bodies. He came to know that the said bomb blast occurred due to planting of explosives by the terrorists.
32.PW.11 – Syed Mazar Ali deposed that he is resident of
Vijayanagar Colony, Hyderabad. One Rizwan (D7) and Yahiya (D28) are his relatives. They both died in blasting occurred in Gokul Chat.
PW.12 – P. Vijay Babu deposed that Vinay (D8) is his brother, who died in the blasting occurred at Gokul Chat. On 25082007 his brother was in the Laxmi Book Stall by attending his job which is situated nearby Gokul Chat, Koti. On the day of incident he was watching TV at his house and found breaking news in TV at about 7.45 PM to 8.00 PM that 51SC 2/2011 Gokul Chat there was bomb blasting at Gokul Chat and also Lumbini Park. One Swamy coworker of his brother informed him through phone that his brother was sustained injuries in the bomb blast. He rushed to Gokul Chat where he found some dead bodies lying there and also saw that some persons were sustained injuries due to bomb blast occurred at Gokul Chat. On information he visited to Osmania General Hospital and found that the dead body of his brother was lying there. He came to know from the public that said bomb blast was occurred as planted by some terrorists.
33.PW.13 – Joshi Narsimha Chary deposed that Kum. Jyothi
Pratyusha (D9) is his elder daughter. His daughter died in the bomb blast occurred at Gokul Chat, Koti. Priyanka (LW.90) is his daughter's friend and
Vaishnavi (LW.91) is his brotherinlaw's daughter. All the said children went to Koti to purchase books in the evening hours. At about 7.00 PM to 7.30 PM he was at his house and watching TV and saw breaking news between 7.30 PM to 8.00 PM that there was bomb blast at Lumbini Park and after 10 minutes he also saw that there was another bomb blast at
Gokul Chat. PW.13 further deposed that he received a phone call within 10 minutes from Vaishnavi (LW.91) that his daughter received injuries in the bomb blast at Gokul Chat. The cherras were inflected into her head.
Vaishnavi and Priyanka were also sustained injuries. Hence immediately himself and his brotherinlaw B.K.Gopala Krishna (LW.19) rushed to Gokul
Chat, Koti. Where B.K.Vaishnavi informed him that his daughter was shifted to OG Hospital, hence he went to said hospital and Doctors declared 52SC 2/2011 Gokul Chat that his daughter was died. He found dead body of his daughter at OG
Hospital. Police recorded his statement.
34.PW.14 deposed that Raheemunnisa Begum (D11) is his cousin sister. She died in the bomb blast occurred at Gokul Chat, Koti. PW.15 –
Mohd. Moinuddin deposed that Akramullah Khan (D12) is his brotherin law's son, and he died in bomb blast occurred at Gokul Chat, Koti. On 25 082007 he was on duty at Charminar. He saw in the TV at about 8.00 PM that bomb blast occurred at Lumbini Park and Gokul Chat. At about 10.00
PM on the same day his sisterinlaw Asmathullah Begum informed him through phone that the said deceased died in the bomb blast at Gokul Chat.
Hence he visited OG Hospital at about 10.30 PM on the same day and saw the dead body and found cherras on her head and back. Public also told him that there is a bomb blast at Gokul Chat. On the next day early hours police examined and recorded his statement.
35.PW.16 – Smt. Shoba deposed that presently she is residing at her native place Kasharsilci, Sholapur, Maharastra State. Herself and her husband were working in Gokul Chat, Koti as labour. They worked in
Gokul Chat for a period of 20 years. Her husband died in Gokul Chat in the incident of bomb blast. On the day of 25th but she do not remember the month, about 10 years ago they were regularly attending their duties between 9.30 AM to 7.30 PM. On the day of incident after completing their work at Gokul Chat she was waiting out side of the Gokul Chat for her husband. During that time, bomb blast occurred in Gokul Chat. In the 53SC 2/2011 Gokul Chat bomb blast she observed by going inside that several people died in the
Gokul Chat due to bomb blast, she noticed several people were also sustained injuries severely. She saw the dead body of her husband
Krishnaiah (D10) who was dead in the bomb blast at Gokul Chat. Several cherras were found in the dead body of her husband nearby right side shoulder. She visited Osmania General hospital after dead body of her husband was shifted.
36.PW.17 deposed that Mohd.Saleem (D14) is his paternal uncle.
Fareeda Sayeeda (D15) is his paternal aunt. Mohd.Anwar (D13) and
Mohd.Ali (D16) are sons of D14. They were aged about 8 and 5 years respectively. On 25082007 his paternal uncle Mohd.Saleem informed him that he was visiting to Lumbini Park but as there was heavy rush they went to Gokul Chat. On the day of incident at about 7.30 PM or 8.00 PM he was watching TV at his house. In Telugu news he saw that there was bomb blast occurred at Lumbini Park and Gokul Chat, Koti. He also observed in the news the dead body of his cousin Mohd.Ali (D16). In the
TV news he came to know that the dead body was shifted to Osmania
General hospital. He visited the Osmania General hospital and identified the dead body of Mohd.Saleem without head. He saw driving licence in his pocket, hence he identified. TPW.2 – Puneeth Vijaywargi deposed that he is resident of Koti, Hyderabad. PW1 is his uncle. LW3 Vijay Kumar Yadav is their worker. LW4 Gulab Chand Vijay Wargi is his father. LW5Naval
Kishore Vijay Wargi is his cousin. LW6 Rajesh Kumar Vijay Wargi is his 54SC 2/2011 Gokul Chat elder brother. He is assisting in the business of Gokul Chat to his father and uncle. There are two counters in the Gokul Chat. In one counter, PW1 used to sit and in another counter he used to sit. PW.2 further deposed that on 2582007 he was sitting in the Cash counter of Gokul Chat. He found that one person came to Gokul Chat and kept one bag on the Ice Cream making machine. He saw the person and questioned him as to why he was keeping the bag on the ice cream making machine and on that he saw him with angry and did not answer him and went away. After that he heard a big noise within 5 minutes and there was a bomb blasting from the said bag and due to that several persons sustained injuries and he also sustained injuries on his face, left hand, left leg and left side of the chest and also on his head and on several parts of his body. PW.2 further deposed that Pws.3 to 5, LW.6 also received injuries in the said bomb blast. PW1 shifted him and also PW.4, PW.5 and LW.6 to the Aditya Nursing Home, Boggulakunta.
He was in the Hospital for treatment for a period of two months. He can identify the black colour bag, which was kept on the Ice Cream Making
Machine. MO1 is the said bag. The said person, who kept the bag was around height of 5.7'' feet and wheatish colour and lean. The Inspector of
Police, P.S.Sultanbazar examined him and recorded his statement.
37.In the cross examination, he stated that he denied suggestioon that he did not state to police in his srtatment that he can identify MO.1. He admitted except black colour he did not give any other details about the bag to the police in his statement. He stated that simle bag like MO1 is 55SC 2/2011 Gokul Chat available in the market. He admitted that except one side to MO.1, there is no damage. He further admitted that MO.1 bag does not show any burn marks. Except the same nothing was elicited to disbelieve his evidence with regard to blast and receiving of injuries to the persons. MO.1 is treated as similar bag as kept on the Ice Cream making Machine.
38.The evidence of PW.18 who is also relative of deceased D.14 and D.15 is in similar lines with that of PW.17.
39.PW.19 – Kilipakala Venkateshwarlu deposed that in the year 2007 he was doing business in electronic goods. K. Ram Mohan Rao @
Bobby (D17) is his cousin and he died in the blast occurred at Gokul Chat.
40.PW.20 deposed that her husband Ahmed Mohiuddin (D19) used to work as Head Master at Paidigummala (V), Koheer (M), Medak (D) and he died in the bomb blast occurred at Gokul Chat, Koti on 25.8.2007 and his dead body was kept in mortuary at OG hospital. PW.21 deposed that his brother Ahmed Mohiuddin (D19), came to Hyderabad to visit him and he died in the bomb blast occurred at Gokul Chat. He went to see dead body, and that on their search in 40 dead bodies they found dead body of his brother (D19), and several dead bodies were found without head and some were without legs and hands. He informed to PW.20 about said dead body and death of his brother. After PME on the next day they took the dead body for cremation at Digwal, Medak district. He came to know that the said incidents of bomb blasting were occurred due to 56SC 2/2011 Gokul Chat planting by terrorists. PW.22 Purushotham Dass deposed Kundan Dass (D20) received injuries on his head and back in the bomb blast and died.
PW.23 – Anil Kumar deposed that PW.22 is his father's elder brother.
Kundan Dass (D20) is his father. His father was running business of leather bags. On the day of incident his father went to Gokul chat to bring some food for them, when he was sitting in the shop he head a loud noise from gokul chat, public told him that there was some bomb blast at Gokul chat. He informed PW.22 about the incident and also that his father went to Gokul chat to bring some food parcel. PW.23 further deposed that himself and PW.22 went to Gokul chat, found that Gokul chat was in dark and there were several dead bodies lying there, police were shifting the dead bodies to the OG hospital, and that they went to Osmania General hospital and found that his father was undergoing treatment at OG hospita.
On the advice of doctors they shifted his father (D20) to Care hospital,
Nampally and while undergoing treatment in the mid night his father (D20) died.
41.PW.24 deposed that Kum B. Sravanthi (D22) is his younger daughter, who was aged about 14 years, Kum Srilekha (D25) is his brother's daughter, Susheela (D23) is his sisterinlaw, LW.63 Smt Ch.
Sravanthi is wife of Chandra Sekhar, who is his niece. PW.25 Ram Prasad is his soninlaw. LW.35 Devender is his brotherinlaw. That on 2508 2007 his daughter D22, Srilekha D25, Susheela D23 and ch. Sravanthi
LW.63 all they went to koti for shopping, himself and his soninlaw 57SC 2/2011 Gokul Chat
Chandra sekhar went to Tadband, Secunderabad. PW.43 gave a phone call to her husband Chandra Sekhar and informed that there was a bomb blast occurred at Gokul chat, Koti where they were eating chat. In the said bomb blast D22, D23 and D25 died and she received injuries and all were shifted to OG hospital. Therefore they rushed to OG hospital and saw said three dead bodies. All were received head injuries. Sravanthi received injuries to her ears. Police examined and recorded his statement on 2608 2007.
42.PW.25 N. Ram Prasad deposed that D22, D23, D25 and
LW.63 are his relatives. On 25082007 he was at Uppal between 07:30 PM to 08:00 PM. The above said his relatives visited Gokul chat, Koti and when they were in Gokul chat bomb blast occurred, and that they were shifted to
OG hospital. On information from Chandra Sekhar who is husband of
PW.43 he visited OG hospital and found three dead bodies of said his relatives and he identified them. PW.43 received injuries she was undergoing treatment at Yashoda hospital as she was shifted from OG hospital . There is a public talk that due to bomb blast in the Gokul chat several persons were died and sustained injuries. Police examined him and recorded his statement on 26082007 in the morning.
43.PW.26 deposed that L. Shiva Krishna (D24) is his cobrother's son. On 25082007 in the morning hours when he was watching TV he found in the news of scrolling that there was bomb blasts occurred at
Lumbini Park and Gokul chat, Koti. The name of D24 L. Shiva Krishna was 58SC 2/2011 Gokul Chat there in the scrolling who died in the bomb blast at Gokul chat. On 2608 2007 between 09:30 AM to 10:00 AM himself and his relatives visited the
Osmania General hospital and saw the ten dead bodies who died in the bomb blast. The said blast occurred on 25082007. They identified dead body of D24 L. Shiva Krishna in the mortuary among the said dead bodies.
The evidence of PW.27 is in similar lines of PW.26.
44.PW.28 deposed that Ramesh (D26) is his younger brother and he died in the blast occurred at Gokul Chat.
45.The evidence of PW.29, PW.30, PW.31, PW.32, PW.57,
PW.61, PW.63, Pw.64, Pw.67, PW.68, PW.69, PW.71, PW.72, PW.78
PW.79, PW.80 have also deposed in respect of death of their relatives in the blast occurred at Gokul Chat on 25.8.2007.
46.Nothing was elicited from the above witnesses to disbelieve their evidence with regard to occurrence of bomb blast at Gokul Chat and death of their relatives. PW.15 denied suggestion that he did not state to police that he found cherras in the dead body of the deceased. PW.16 denied suggestion that she never worked in Gokul Chat.
47.The learned counsel for the accused except raising a doubt about presence of witnesses and receipt of injuries nothing was elicited to disbelieve that the persons mentioned in Table No.1 died in the bomb blast that occurred at Gokul Chat.
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48.PW.76, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 112, 113 and 132 are inquest panch witnesses deposed that they acted as panch witnesses for the inquest panchanams of deceased mentioned in table No.1 and they noticed injuries on the bodies of the deceased and opined that the death of the deceased were due to injuries in the bomb blasts as mentioned in the inquest panchanamas viz.,Ex.P4, Exs.P45 to
Ex.P57, Ex.P.137, Ex.P.153, Ex. P.158 and Ex.P159.
49.In the cross examination, PW.76 denied suggestion that there was no inquest panchanama conducted in his presence. PW.100, PW.101, 102, 103, denied suggestion that they put their signature on inquest panchanams at police station.
50.PW.136 – R. Niranjan deposed that presently he is working as
Inspector of Police, Dubbak PS since May, 2016. Previously he worked as
SI of Police, PS Sultanbazar from August, 2005 to June, 2008. On 2508 2007 while he was in PS his Inspector N.Subhash Babu (LW.270) sent a written statement of Lalchand Vijay Wargi (PW.1). Based on the Ex.P1 statement he issued FIR in Cr. No.220/2007 U/s.302, 307, 120B IPC and
Sec.3 & 5 of Explosive Substances Act, 1908. Ex.P157 is the FIR. After that he sent CD file along with FIR to his Inspector for further investigation. He assisted his Inspector in this case. He conducted inquest panchanama of
Sudheer (D4) on 25082007 at OGH, Hyderabad in the presence of 60SC 2/2011 Gokul Chat mediators Chandra Shekar and V.Ashok. Ex.P158 is the inquest panchanama of Sudheer (D4) conducted by him.
51.PW.137 – M. Subhash Babu deposed that presently he is working as ACP, SB, Central Zone, Hyderabad City since 2017. Previously he worked as Inspector of Police, PS Sultanbazar from May, 2007 to
February, 2008. On 25082007 while he was conducting patrolling duty he received VHF message that blast was occurred in Gokul chat bhandar,
Koti. On the said information he rushed to Gokul chat bhandar and found that several people died and also several people received injuries and they were shifted to hospital with the help of people available there. He also participated in shifting the dead bodies and injured with available vehicles.
PW.137 further deposed that he examined owner of the Gokul chat who is
PW.1 and he recorded his statement through Sri Venkat Reddy, SI of Police,
Chaderghat PS on the same day. He sent the said statement to PS
Sultanbazar to register the case. PW.136 is SI of Police who issued FIR basing on said statement. Ex.P157 is the said FIR. He took up the investigation after receiving the FIR. He informed nearby police stations to help at the scene of offence for shifting the injured and dead bodies as per instructions of Commissioner of Police, Hyderabad. He conducted scene of offence panchanama in the presence of panch witnesses i.e. PW.98 and
LW.162 and also drawn rough sketch. Ex.P42 is the scene of offence panchanama. Ex.P43 is the rough sketch. PW.137 further deposed that he collected the material objects from scene of offence with the help of 61SC 2/2011 Gokul Chat
Forensic staff Sri Suresh (PW.129). He photographed and videographed the scene of offence. Ex.P149 is the bunch of photographs (134 in number). He seized MOs.4 to 8 from the scene of offence. Thereafter he examined and recorded the statements of PW.1, 2, 3, 4, 5 and LW.6. Later he went to OGH and conducted inquest over the dead body of Sai Swaroop (D1). Ex.P159 is the said inquest panchanama. The inquest panchanamas of various dead bodies were conducted by different police officers of our zone as per instructions of DCP and CP on 25082007 and 26082007. He visited Care hospital on 27082007 and recorded the statement of Vamshi
Chakravarthi (PW.54). After instructions from CP, Hyderabad he transferred the CD file to CCS, Hyderabad for further investigation.
52.Nothing was elicited from the above witnesses to disbelieve their evidence as to the death of the deceased mentioned in table No.1 and cause of death of the deceased.
53.PW.116, PW.118, PW.123 are the doctors who conducted postmortem examination over the dead bodies of the deceased.
54.PW.116 Dr. K. Janardhan deposed that he is retired as Asst. Professor in the year 2016. Previously he worked in the same Department as Tutor from 1993 to 2007 and from 2007 till retirement as Asst. Professor in
Forensic Department, Osmania Medical College. On 26082007 at around he conducted Post Mortem over the body of Dr. ChAitanya Prasad (D6) from 3.10 AM to 4.00 AM and he noted the following anti motem injuries 62SC 2/2011 Gokul Chat which were all fresh injuries. PW.116 further deposed that 1. Multiple small penatrating wound of ½ x ½ cm over right flank of chest back of right side of chest and right lumbar region with multiple small puntured laceration muscle deep in between. Multiple laceration noted in right lung which is collapsed and in liver. Right kidney lacerated. Haemothorax and
Heamoparitoneum noted small metal balls recovered from right lung and liver. One metal ball recovered from right kidney. 2. Penatrating wound of 1 x 1 cm on right hypochaondrium corresponding perforation noted in transfers colon. 3. Penatrating wound ½ x ½ cm muscle deep over right midforearm. 4. Multiple abraded contusions of varying sizes reddish in colour over back of right arm. 5. Fracture right humerus at upper third region with swelling and deformity around it. 6. Multiple fractures of right side ribs. The deceased died about 6 to 8 hours prior to PME. In this case metal balls recovered from lung tissue and liver handed over to police. In his opinion due to blast injury of trunk. Ex.P88 is the said PME given by him. PW. 116 further deposed that on the same day he conducted autopsy over the dead body of Mohd.Rizwan Ali (D7) between 7.10 AM and 8.00
AM and noted the following injuries which are fresh. 1. Abrasion 6 x 2 cm on front of right shoulder. 2. Face blown to pieces multiple penetrating wounds on forehead. Multiple fractures of skull vault and base of skull.
Brain lacerated blood tinged. Two metal balls of ½ cm diameter found inside brain matter. 3. Two penetrating wounds of ½ x ½ cm on right deltoid. Metal balls found inside the wound. 4. Multiple penetrating wounds on front of neck and around sternal notch. Underlying tissues 63SC 2/2011 Gokul Chat contused. Trachea perforated at middle. 5. Three penetrating wound of ½ x ½ cm on left hypochondrium. Spleen ruptured about 800 ml. Blood in abdominal cavity. 6. Penetrating wound ½ x ½ cm below left nipple internally it perforated the left ventricle. Metal ball recovered from it. 7.
Abrated contusion 8 x 7 cm below left shoulder blade. The deceased died about 12 hours prior to PME due to blast injury of head and trunk. In this case metal balls recovered and handed over to police. Ex.P89 is the said
PME given by him.
55.PW. 116 further deposed that on the same day he conducted autopsy over the dead body of Jyothi Prathyusha (D9) between 4.10 AM and 5.00 AM and noted the following injuries which are fresh. 1. Two small penetrating wounds of ½ x ½ cm flank of chest. Corresponding perforations noted in right lung. Two metal balls of ½ cm diameter recovered from lung. 2. Multiple abrasions and contusions of varying sizes on right side of face and neck. 3. Multiple peneterating wounds of varying sizes on back of trunk and left hip with small punctured laceration in between. Internally lacerations noted in both lungs which are partly collapsed two perforations noted in heart. Perforations noted in liver and hollow viscus. Haemothorax and Haemoperitoneum noted. Metal balls recovered from tissues. Both kidnes contused. 4. Penetrating wound ½ x ½ cm back of left forearm 6 cm below elbow muscle deep. Small metal ball recovered from it. 5. Multiple fractures of both side ribs. 6. A Penetrating wound of ¾ x ¾ cm over occipital scalp. Multiple fractures of underlying 64SC 2/2011 Gokul Chat occipital bone. Dural tear noted over occipital region. One metal ball noted and recovered from right occipital region of brain which is lacerated. The deceased died about 6 to 12 hours prior to PME. In this case metal balls recovered and handed over to police. In his opinion due to blast injury of head and trunk. Ex.P90 is the said PME given by him. PW.116 further deposed that on the same day he conducted autopsy over the dead body of
Mohd.Saleem (D14) between 6.10 AM and 7.00 AM and noted the following injuries which are fresh. 1. Skull and face blown and mutilated to pieces brain seeped out. 2. Multiple abrasions and contusions of different sizes on front of trunk. Reddish in colour. 3 . Lacerated wound 6 x 3 cm oblique on back of left forearm. 4. Multiple abrasions of different sizes on front of right forearm. Right hand blackend and oily. 5. Multiple abrasions over back of left shoulder. The deceased died about 8 to 12 hours prior to PME. In this case metal balls recovered and handed over to police.
In his opinion due to blast injury of head. Ex.P91 is the said PME given by him.
56. PW.116 further deposed that on the same day he conducted autopsy over the dead body of Sayeeda Farida Naaz (D15) between 5.10
AM and 6.00 AM and noted the following injuries which are fresh. 1. Skull blown and mutilated to pieces above eyebrows. Brain matter seeped out.
2. Multiple penmetrating wounds of ½ x 1 cm diameter with multiple small puncture wounds in between over front of chest upper half of abdomen, back of right shoulder and shoulder blade. Fracture right shoulder blade, 65SC 2/2011 Gokul Chat multiple fractures of both side ribs. Multiple perforations in lungs, liver, heart and spleen. Haemothorax and Haemoperitoneum noted, metal balls of ½ cm diameter recovered from lungs, liver and heart. Hollow viscus perforated at many places. 3. Lacerated wound 6 x 5 cm muscle deep on outer side of left forearm near elbow. 4. Lacerated wound 7 x 5 cm bone deep back of right palm. PW. 116 further deposed that 5. Lacerated wound 7 x 6 cm back of right forearm at middle muscle deep with blackening of back of right hand and lower half of forearm. 6. Multiple penetrating wounds of ½ x ½ cm size over front of right shoulder. 7. Lacerated wound 2 x 1 cm muscle deep front of right mid thigh. 8. Abrated contusion 2 x 2 cm above right knee reddish in colour. 9. Lacerated wound 5 x 3 cm below left knee bone deep. The deceased died about 6 to 12 hours prior to PME due to blast injury of head and trunk. In this case metal balls recovered and handed over to police. Ex.P92 is the said PME given by him.
57.PW. 116 further deposed that thereafter he received another requisition to conduct autopsy over the dead body of Yahya Abdul Qhader
Syed (D28), aged about 17 years. He conducted PME from 8.10 AM to 9.00
AM on 2682007 and found and noted 7 ante mortem injuries over the dead body of the deceased all injuries are fresh injuries among which he noted in page No.2 of my report and injuries 2 and 3 are fatal. He opined that the deceased died with multiple injury on neck in a bomb blast and recovered metal balls from the body and handed over to police. Ex.P119 is the PME report. PW.116 further deposed that thereafter he received another requisition to conduct autopsy over the dead body of P.Srinivas 66SC 2/2011 Gokul Chat
Prasad (D30), aged about 45 years. He conducted PME from 12.20 PM to 1.20 PM on 2882007 and found and noted 6 ante mortem injuries over the dead body of the deceased all injuries are fresh injuries among which he noted in page No.2 of his report and injuries 4, 5 and 6 are fatal. The patient was died while undergoing treatment in Care hospital on 2808 2007 at 7.45 AM. He opined that the deceased died with head injury in a bomb blast. Ex.P120 is the PME report.
58.In the cross examination by the defence counsel, he stated that he conducted postmortem examination over eight dead bodies. Penatraging wounds were caused by marterial used in the bombs. He denied suggestion that such penetrating wounds are possible due to accident or sharp and blunt edges. He denied suggestion that the injury is only due to traumatic but not blasting. He stated that metal balls were recovered as mentioned
Ex.P.119. He handed over the said metal balls to the police concerned. The effect of bomb blast will be depending upon the distance and also power and size of the bomb. He denied suggestion that he suppressed the tattooning caused by flying debris in the blast and that his evidence is not correct.
59.PW.118 Dr. G. Devaraju deposed that he done his Forensic medicine in M.D. He is working as Asst. Professor in the Department of
Forensic Medicine since June, 2008. Previously he worked as Tutor in the same Department from March, 2004 to June, 2008. On 26082007 he received requisition to conduct PME over the dead body of K.Sai Swaroop 67SC 2/2011 Gokul Chat (D1), aged about 21 years. Accordingly he have conducted autopsy from 1.00 PM to 2.00 PM and found and noted 5 ante motem injuries over the dead body of the deceased all injuries are fresh injuries among which he noted in page No.2 of his report and injuries 1 and 4 are fatal. He opined that the deceased died with multiple injuries in a bomb blast and he recovered metal balls from the body and handed over to police. Ex.P100 is the PME report and requisition.
60.PW.118 further deposed that thereafter he received another requisition to conduct autopsy over the dead body of E.Shyam Rao (D2), aged about 28 years. He conducted PME from 5.00 AM to 6.00 AM. and he found and noted 11 ante motem injuries over the dead body of the deceased all injuries are fresh injuries among which he noted in page No.2 of his report and injuries 1, 4, 5, 6, 8 and 11 are fatal. He opined that the deceased died with multiple injuries in a bomb blast and he recovered metal balls from the body and handed over to police. Ex.P101 is the PME report and requisition.
61.PW.118 further deposed that thereafter he received another requisition to conduct autopsy over the dead body of Md.Wahid (D3), aged about 22 years. He conducted PME from 1.00 AM to 2.00 AM. and he found and noted 3 ante motem injuries over the dead body of the deceased all injuries are fresh injuries among which he noted in page No.2 of his report and all three injuries are fatal. He opined that the deceased died 68SC 2/2011 Gokul Chat with multiple injuries in a bomb blast and he recovered metal balls from the body and handed over to police. Ex.P102 is the PME report and requisition.
PW.118 further deposed that thereafter he received another requisition to conduct autopsy over the dead body of B.Sudheer (D4), aged about 21 years. He conducted PME from 12 noon to 1.00 PM. and he found and noted 10 ante motem injuries over the dead body of the deceased all injuries are fresh injuries among which he noted in page No.2 of his report and injuries 1, 2, 3, 7 and 8 are fatal. He opined that the deceased died with multiple injuries in a bomb blast and he recovered metal balls from the body and handed over to police. Ex.P103 is the PME report and requisition.
62.PW.118 further deposed that thereafter he received another requisition to conduct autopsy over the dead body of P.Vigna (D5), aged about 18 years. He conducted PME from 8.00 AM to 9.00 AM. and he found and noted 15 ante motem injuries over the dead body of the deceased all injuries are fresh injuries among which he noted in page No.2 of his report and injuries 1, 4, 5, 6, 8, 13 and 14 are fatal. He opined that the deceased died with multiple injuries in a bomb blast and he recovered metal balls from the body and handed over to police. Ex.P104 is the PME report and requisition. PW.118 further deposed that thereafter he received another requisition to conduct autopsy over the dead body of Vinay Babu (D8), aged about 24 years. He conducted PME from 9.00 AM to 10.00 AM.
and he found and noted 9 ante mortem injuries over the dead body of the 69SC 2/2011 Gokul Chat deceased all injuries are fresh injuries among which he noted in page No.2 of his report and injuries 1, 2 and 6 are fatal. He opined that the deceased died with multiple injuries in a bomb blast and he recovered metal balls from the body and handed over to police. Ex.P105 is the PME report and requisition.
63.PW.118 further deposed that thereafter he received another requisition to conduct autopsy over the dead body of Krishnaiah (D10), aged about 65 years. He conducted PME from 2.00 AM to 3.00 AM. and he found and noted 12 ante motem injuries over the dead body of the deceased all injuries are fresh injuries among which he noted in page No.2 of his report and injuries 2, 4, 10 and 11 are fatal. He opined that the deceased died with multiple injuries in a bomb blast and he recovered metal balls from the body and handed over to police. Ex.P106 is the PME report and requisition. PW.118 further deposed that thereafter he received another requisition to conduct autopsy over the dead body of Smt.
Raheemunnisa Begum (D11), aged about 47 years. He conducted PME from 7.00 AM to 8.00 AM. and he found and noted 12 ante motem injuries over the dead body of the deceased all injuries are fresh injuries among which he noted in page No.2 of his report and injuries 1, 4, 5 and 12 are fatal. He opined that the deceased died with multiple injuries in a bomb blast and he recovered metal balls from the body and handed over to police.
Ex.P107 is the PME report and requisition.
70SC 2/2011 Gokul Chat
64.PW.118 further deposed that thereafter he received another requisition to conduct autopsy over the dead body of Akramullah Khan (D12), aged about 21 years. He conducted PME from 6.00 AM to 7.00 AM.
and he found and noted 9 ante motem injuries over the dead body of the deceased all injuries are fresh injuries among which he noted in page No.2 of his report and injuries 1 and 2 are fatal. He opined that the deceased died with multiple injuries in a bomb blast and he recovered metal balls from the body and handed over to police. Ex.P108 is the PME report and requisition. PW.118 further deposed that thereafter he received another requisition to conduct autopsy over the dead body of Mohd.Ameer (D13), aged about 8 years. He conducted PME from 10.00 AM to 11.00 AM. and he found and noted 3 ante motem injuries over the dead body of the deceased all injuries are fresh injuries among which he noted in page No.2 of his report and injuries 1 and 2 are fatal. He opined that the deceased died with multiple injuries in a bomb blast and he recovered metal balls from the body and handed over to police. Ex.P109 is the PME report and requisition. PW.118 further deposed that thereafter he received another requisition to conduct autopsy over the dead body of Mohd.Ali (D16), aged about 6 years. He conducted PME from 11.00 AM to 12.00 noon. and he found and noted 3 ante motem injuries over the dead body of the deceased all injuries are fresh injuries among which he noted in page No.2 of his report and injuries 1 and 2 are fatal. He opined that the deceased died with multiple injuries in a bomb blast and he recovered metal balls from the body and handed over to police. Ex.P110 is the PME report and requisition.
71SC 2/2011 Gokul Chat
PW.118 further deposed that thereafter he received another requisition to conduct autopsy over the dead body of Krishna Chand (D18), aged about 28 years. He conducted PME from 3.00 AM to 4.00 noon. and he found and noted 8 ante motem injuries over the dead body of the deceased all injuries are fresh injuries among which he noted in page No.2 of his report and injuries 5, 6 and 8 are fatal. He opined that the deceased died with multiple injuries in a bomb blast and he recovered metal balls from the body and handed over to police. Ex.P111 is the PME report and requisition.
PW.118 further deposed that thereafter he received another requisition to conduct autopsy over the dead body of Ahmed Mohiuddin (D19), aged about 42 years. He conducted PME from 4.00 AM to 5.00 AM. and he found and noted 13 ante motem injuries over the dead body of the deceased all injuries are fresh injuries among which he noted in page No.2 of his report and injuries 4, 8, 9, 10, 11, 12 and 13 are fatal. He opined that the deceased died with multiple injuries in a bomb blast and he recovered metal balls from the body and handed over to police. Ex.P112 is the PME report and requisition. PW.118 further deposed that on 1809 2007 he received another requisition to conduct autopsy over the dead body of B.Laxmi (D13), aged about 35 years. He conducted PME from 10.30 PM AM to 1.30 PM. and he found and noted 2 ante motem injuries over the dead body of the deceased all injuries are fresh injuries among which he noted in page No.2 of his report and both injuries are fatal. The deceased expired in Care hospital, Nampally while undergoing treatment on 17092007 at 7.30 PM. The cause of death is head injury due to bomb 72SC 2/2011 Gokul Chat blast. Ex.P113 is the PME report and requisition.
65.In the cross examination he admitted that he did not mention the dimension of the injuries in Ex.P100, 101, 103, 105, 106, 109 but he mentioned dimensions for the injures No.3 and No,.6 for remaining injuries in Ex.P.104. So also in Ex.P107, 108, 111 he mentioned the dimension for the injury.
66.PW.123 deposed that she was retired as Associate Professor from
Gandhi Medical College in June, 2015. Presently she is working at KIMS,
Narkatpally as Professor and HOD. She worked along with Dr. J.Jayaraju (LW.244) for a period 2004 to 2015, who died on 16122016. Therefore she is able to identify his writings and signatures. Ex.P134 is the PME report of deceased Ram Mohan Rao (D17). Ex.P135 is the PME report of deceased Kundan Das Lalvani (D20). Ex.P136 is the PME report of deceased S.M.Irfan Dowla (D21). Ex.P137 is the PME report of deceased
Baade Sravanthi (D22). Ex.P138 is the PME report of deceased
Ch.Susheela (D23). Ex.P139 is the PME report of deceased L.Shiva Krishna (D24). Ex.P140 is the PME report of deceased M.Srilekha (D25). Ex.P141 is the PME report of deceased B.Ramesh (D26). Ex.P142 is the PME report of deceased T.Purender (D27). Ex.P143 is the PME report of unknown dead body (D29). Exs.P134 to P143 are the writings and signatures of
Dr. J.Jayaraju (LW.244) .
67.In the cross examination, she stated that she cannot say about the 73SC 2/2011 Gokul Chat injures and also weapons used in causing the injures in Ex.P134 to P.143 as the said certificates were issued by Dr. Jayaraju.
68.From the above evidence of the prosecution witnesses, it is clear that the death of the persons mentioned in table No.1 was homicial due to bomb blast occurred at Gokul Chat Bhandar, Hyderabad.
69.Besides the death of the persons mentioned in table No.1, according to the prosecution so many persons got injured in the said blast.
70.Pws. 2 to 5, PW.35, PW.36, PW.37, PW.38, PW.39, PW.40,
PW.41, PW.42, PW.43, PW.44, PW.45 PW.46, PW.48, PW.49, PW.50,
PW.51, PW.52, PW.53 PW.54, PW.55, PW.56 PW.58, PW.59, PW.60,
PW.62, PW.65, PW.66, PW.70, PW.75, PW.81 are the injured witnesses.
71.PW.2 – Puneeth Vijaywargi deposed that on 2582007 he was sitting in the Cash counter of Gokul Chat. He found that one person came to Gokul Chat and kept one bag on the Ice Cream making machine. He saw the person and questioned him as to why he was keeping the bag on the ice cream making machine and on that he saw him with angry and did not answer him and went away. After that he heard a big noise within 5 minutes and there was a bomb blasting from the said bag and due that several persons were sustained injuries and he was also sustained injuries on his face, left hand, left leg and left side of the chest and also on his head and on several parts of his body. PW.2 further deposed that Pws.3 to 5, 74SC 2/2011 Gokul Chat
LW.6 also received injuries in the said bomb blast. PW1 shifted him and also PW.4, PW.5 and LW.6 to the Aditya Nursing Home, Boggulakunta. He was in the Hospital for treatment for a period of two months. Nothing was elicited to disbelieve his evidence with regard to receiving of injuries by him. The evidence of PW.3 to PW.5 also in similar lines with that of PW.2 as to their receiving of injuries.
72.PW.35 Ch. Narender Kumar has deposed that on 25082007 around 7.00 PM to 8.00 PM he was going to have some snacks in Gokul chat. While he was inside the Gokul chat suddenly he heard sound of some explosion in Gokul chat. He was fallen down at some distance and received injuries on his fore head, left ear and other parts of the body. After that he felt unconscious, he was shifted to Care hospital, Nampally and treated 10 to 12 days.
73.PW.36 A. Laxminarayana has deposed that on 25082007 himself and his wife LW.55 Pushpa went to Gokul chat around 7.10 PM or 7.15 PM to purchase some sancks. He was nearby cash counter and his wife was also behind him, meanwhile there was a blasting occurred inside of the Gokul chat. Several people received injuries. Himself and his wife were sustained severe injuries in the said blasting. Both they were shifted to Care hospital, Nampally for treatment. They were treated in the said hospital about 8 to 10 days. On 5th day from the incident police examined them and recorded their statement.
75SC 2/2011 Gokul Chat
74.PW.37 Smt. A. Pushpa has deposed that PW.36 is her husband. On 25082007 at about 7.15 PM herself and PW.36 went to
Gokul chat, Koti to purchase some snacks. When they were in the Gokul chat there was a blasting occurred inside of the Gokul chat. Herself, PW.36 and others received injuries. They were shifted to Care hospital, Nampally.
She received injuries on her head and also left hand. She was in the hospital for 10 days for treatment. After 5 days from the incident police examined her and recorded her statement. After discharge from hospital and after two days she became serious and again she was admitted in hospital.
75.PW.38 S. Praveen Kumar has deposed that In the year 2007 he used to stay at Vanasthalipuram. At that time he used to work at
Integrate Services, Nampally. LW.57 Sreedhar is his friend. On 25082007 at about 7.00 PM or 7.30 PM he along with his friend went to Gokul chat to have some snacks, but they have taken Ice cream due to rush in the Gokul chat and we were coming out, meanwhile from their behind there was a blasting occurred inside of Gokul chat. They found several persons received injuries due to blasting. Himself and his friend also received injuries. He received injuries on his back. His friend received head injury. Himself and his friend went to Medwin hospital in a auto for treatment. His friend was admitted as inpatient, he was treated as outpatient. He was discharged on the same day and his friend admitted as inpatient for treatment. Police recorded his statement after 3 or 4 days at his residence.
76SC 2/2011 Gokul Chat
76.PW.39 A. Sreedhar deposed that in the year 2007 he used to work as a private employee in a private consultancy. PW.38 is his friend.
On 25082007 in the evening hours at about 6.00 PM he started from their office along with PW.38. Both they went to Gokul chat, Koti to have chat, there is heavy rush hence they had only Ice cream. When they were eating
Ice cream a bomb blast took place inside the Gokul chat. Hence he received injuries on his back of head. PW.38 received injuries on his back. They both went to Medwin hospital for treatment. He was admitted as in patient. PW.38 was treated as outpatient. After 5 days police recorded his statement. Immediately after blasting so many people received injuries and some people were died. In the year 2009 Octopus police examined him at
Begumpet office.
77.PW.40 D. Satyanarayana deposed that LW.61 D.Shiv Shankar
Rao is his elder cousin brother. In the month of August, 2007 one day he went to Gokul chat after 6.30 PM to have some snacks. He was standing nearby the counter in Gokul chat, Koti to purchase snacks. Meanwhile he heard a big sound and there was a blasting in Gokul chat, hence he felt that there is a blasting due to gas cylinder. In the said blasting several persons received injuries and persons were fallen down, he also received injuries inside of his left ear, thighs. PW.40 further deposed that LW.61 Shiv
Shankar Rao his brother who was along with him also received severe injuries on his face. After blasting they were shifted to Osmania General hospital and from there at their request they were shifted to Yashoda 77SC 2/2011 Gokul Chat hospital, Malakpet. Himself and his brother were admitted in the said hospital as inpatient. His statement was recorded by police on the same day night at hospital.
78.PW.41 D. Shiv Shankar Rao deposed that PW.40 is his brother. Himself and PW.40 went to Gokul chat, Koti on 25082007 at about 7.00 PM to have snacks. Within 10 minutes a bomb blast was occurred inside the Gokul chat, Koti. Several persons received injuries and fallen down. Himself and PW.40 received severe injuries due to blasting.
He received injuries on his left side jaw and also inside of the mouth. They were shifted to OG hospital and after that they were shifted to Yashoda hospital, Malakpet and they were treated as inpatients. Police recorded his statement at hospital.
79.PW.42 Pavan Agarwal has deposed that on 25082007 at about 7.15 PM himself and his mother went to Gokul chat, Koti. He was inside the Gokul chat by taking parcel and his mother was waiting outside at parking area. PW.42 further deposed that between 7.30 PM to 7.40 PM he heard a big sound (Dhamaka) of blasting. There was a big blasting occurred inside the Gokul chat. Several people were died and severely injured due to said blasting. He also sustained injuries on his left ribs. He was shifted to Kailash hospital, MJ market by his mother. On the advise of
Doctor again he was shifted to Yashoda hospital, Malakpet. He came to know that said blasting was planted by some terrorists. After six days from 78SC 2/2011 Gokul Chat the incident police recorded his statement. In the year 2009 again his statement was recorded at Begumpet office.
80.PW.43 Smt. Ch. Sravanthi has deposed that PW.29 is her husband. In the year 2007 she was doing B.Ed. D23 Susheela, D22
Sravanthi, D25 Soni (Srilekha) are her relatives. On 25082007 herself and above said relatives went to Gokul chat, Koti between 7.00 PM to 7.30
PM to have some food. While they were having food a big blasting was occurred inside of the Gokul chat. The people in the Gokul chat were fallen down due to blasting by receiving severe injuries and some people were also died in the said blasting. PW.43 further deposed that she received injuries on her chest and also ear drums and fingers. Immediately she informed about the incident and about their injuries to her husband. She was shifted to OGH and after Yashoda hospital, Malakpet. She was in patient in the hospital for four to five days. On 31082007 police recorded her statement at her house. All above said her relatives were died in the bomb blast at Gokul chat.
81.PW.44 Y. Srinivas has deposed that LW.89 Himavathi is his wife. Himself and his wife came to Hyderabad for their business. They went to Gokul chat on 25082007 between 7.00 PM to 7.30 PM to have snacks. While they were having snacks in the Gokul chat there was a big blasting occurred inside the Gokul chat. Due to said blasting himself, his wife and other people received severe injuries in the blasting. PW.44 79SC 2/2011 Gokul Chat further deposed that he received severe injuries on his both ears and his wife also received similar injuries. They informed to his brotherinlaw who came after 15 minutes. They were shifted to ENT hospital, Koti and from there next day myself and his wife were shifted to Yashoda hospital,
Malakpet. They were as inpatient for one week. He came to know through TV channels that some body planted bombs at Gokul chat. His statement was recorded by police at Begumpet in the year 2009 at their office.
82.PW.45 Smt. Y. Himavathi has deposed that PW.44 is her husband. On 25082007 she along with her husband came to Koti for shopping. Around 7.30 PM herself and her husband went to Gokul chat to have some chat. While they are eating a big blast was occurred inside the
Gokul chat, in the said blast some people were received injuries and herself and her husband also received. She received injuries to her both ears. First they went to ENT hospital, Koti and on next day they were shifted to
Yashoda hospital, Malakpet. They were in hospital for around 4 or 5 days.
In the year 2009 police examined her and recorded her statement at
Begumpet at their office. Later she came to know through TV news that some terrorists planted bombs at Gokul chat, Koti.
83.Pw.46 G.Sadashiv Reddy is deaf his evidence recorded as per his gestures and signs and with the assistance of his mother. He deposed 80SC 2/2011 Gokul Chat that LW.67 is his father. LW.68 Uday is his friend. He studied up to
M.Tech. In the year 2007 he used to work. He received injuries in Gokul chat, Koti due to bomb blast occurred inside the Gokul chat. Therefore he is suffering from physical disability. He cannot walk, he cannot speak, he cannot eat properly. He is depending upon his mother. He received injuries on his head, ears, throat, mouth, hands, abdomen and several part of his body, major injury on his skull. He became disable person.
84.PW.48 B.K Vaishnavi has deposed on 25082007 around 6.00 PM herself, LW.90 Priyanka and D9 Prathyusha after completion of their work at around 7.15 PM all they went to Gokul chat to have some chat when they were going to eat snacks a big bomb blast was occurred inside of the Gokul chat. All they were fallen down due to said blasting. She received injury to her ear drums. Priyanka (LW.90) received injuries on her leg and her ear drum also damaged. Several dead bodies were lying nearby
Gokul chat due to said bomb blast and several people were received injuries. PW.48 further deposed that they shifted her cousin D9 Prathyusha to the OG hospital who was found dead at the hospital. D9 received injuries on her left side of eye and on her back. She has taken treatment at
Yashoda hospital, Malakpet for a period of one week. In the year 2009 police examined her and recorded her statement. She came to know that it was a blast was planted by terrorists.
85.PW.49 Raj Kumar Gupta @ R.K., deposed that on 2508 2007 at around 7.00 PM he went to Gokul chat to have chat, after 15 or 20 81SC 2/2011 Gokul Chat minutes a bomb blast was occurred in the Gokul chat. He received injuries to his left hand. Due to the said blast so many people received injuries and so many people died. At that time the people were running here and there.
He went to hospital at Cross roads for treatment.
86.PW.50 Mohd Fayaz has deposed that on 25082007 around 7.30 PM while he was going to other shop to get some books from front of
Gokul chat, at that time there was a big bomb blast inside the Gokul chat.
He received injuries on his head and under ear. He was shifted to hospital,
Boggulkunta.
87.PW.51 Vengaldas Srinivas deposed that on 25082007
Saturday he came to Hyderabad to purchase some automobile spare parts for his business, after that at around 7.30 PM he went to Gokul chat to have chat. At that time a bomb blast was occurred inside the Gokul chat. He received injuries on his left side chest, left hand and back spine, till now he is having cherras on his left side of chest and now he is suffering with paralysis due to cherras. Later he was shifted to Care hospital, Nampally for treatment. After 3 days he was discharged from the hospital. On next day of incident police examined him and recorded his statement.
88.PW.52 Vittal Rao has deposed that in the year 2007 he used to work at Gokul chat. He worked in Gokul chat for 30 years. He know
Pws.1 to 5. PW.1, PW.4, PW.2 are his owners. PW.3 is his coworker.
PW.5 is their relative. On 25082007 while he was working in Gokul chat there was a bomb blast was occurred in our shop. He received injury on his 82SC 2/2011 Gokul Chat fore head. There is crowd in the shop and all persons received injuries and some people struggling with injuries. Around 10 to 12 people were died at the spot. Later he was shifted to Aditya hospital for treatment. He was in hospital for 15 to 20 days. After 2 days police examined him and recorded his statement.
89.PW.53 B. Gundappa has deposed that he worked in Gokul chat for a period of 20 years. He know Pws.1 to 5. PW.1, PW.4, PW.2 are his owners. PW.3 is his coworker. PW.5 is their relative. PW.52 Vittal Rao is also his coworker. On 25082007 at around 7.30 PM a blast was occurred in Gokul chat, there are full crowd in Gokul chat. He also received injury on his fore head and several people received injuries in the said blast including their owners and coworkers. They all shifted to Aditya hospital for treatment. On the same day he was discharged. Police examined him and recorded his statement.
90.PW.54 Vamshi Chakravarthi has deposed that on 2208 2007 himself and his friend Ravi Kalyan went to Kavali for business purpose. On 25082007 they stated from Kavali and they reached
Hyderabad at around 6.30 PM. Around 7.00 PM they thought to have some snacks at Gokul chat and they went there. His friend asked him to stand near the counter and he went inside to purchase snacks. Near the counter there was a ice cream machine is also situated. At that time a person came in a hurry and he dashed him and after that he kept a black bag on ice cream machine and he left hurriedly, he is fair in complexion and he is little 83SC 2/2011 Gokul Chat shorter than him. His height is around 5.9. PW.54 further deposed that after some time a big blast occurred in the Gokul chat bhandar. He received severe injuries due to said blast. He received injuries on his both of his shoulders back side and also broke his left hand. He noticed so many people received injuries and they are struggling. Later himself shifted to car, later to Care hospital, Banjara Hills for treatment. He was treated as inpatient for 10 days. He is able to identify the person who dashed him and kept the bag on the ice cream machine.
91.PW.55 Ramavath Chander deposed that on 25082007 he went to Koti to buy second hand books while he is passing Gokul chat at around 7.30 PM a big blast occurred inside the Gokul chat bhandar. Due to the said blast a charra fallen on my right eye. People are shouting and running here and there. Thereafter he was shifted to LV Prasad hospital,
Banjara Hills for treatment. The right eye was removed and kept artificial eye. He lost his right eye. Later he came to know there was a bomb blast occurred at Gokul chat and Lumbini park. In the year 2009 police examined him and recorded his statement at Begumpet in their office.
92.PW.56 B. Srikanth has deposed that on 25082007 received injuries on his chin due to the said blast He went to Vishwa hospital for treatment. Later he came to know through news that some terrorists planted bomb at Gokul chat. In the year 2009 Octopus police, Begumpet examined him and recorded his statement.
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93.Pws 58 to 60, 62, 65, 66, 70, 75 and 81 deposed that they went to Gokul Chat and they received injuries in the blast occurred at Gokul
Chat.
94.PW.114, 115, 117, 119, 120, 121, and 124 are the doctors who treated the injured mentioned in table No.2.
95.PW.114 Dr. K. Satyanarayan Reddy deposed that he is working as RMO, Yashoda Hospital, Malakpet since 1999. He is a practicing Doctor having studied MBBS. On 25082007 bomb blast occurred at Gokul chat bhandar at Koti in the evening hours. Several injured in the said blast were brought to their hospital for treatment. Under his supervision as RMO the team of Doctors in Yashoda hospital, Malakpet attended to the injured and started treatment. Several of the injured were inpatients in the hospital.
96.PW.114 further deposed that Dr. Sai Babu, General Surgeon,
Dr. Arvind Kumar, Orthopeadic Surgeon, Dr. Ravi Suman Reddy, Nuero
Surgeon, Dr. Nagendra Mahendra, ENT surgeon and Dr. Mahender Reddy,
General Surgeon attended to the injured and treated them. The injured received injuries due to bomb blast such as pellete injuries, puncture wounds, some patients lost hearing due to the blast sound. Some of the patients were operated upon for removing foreign bodies embedded in them due to the blast. He issued injury certificates for the respective patients basing on his personal knowledge and also from the case sheet maintained by the Doctors. He can identify the writings of the Doctors in 85SC 2/2011 Gokul Chat the case sheets. The injuries received by the persons are detailed in the injury certificates and also the case sheets. The injured received both grievous and simple injuries.
97.PW.114 further deposed that Ex.P58 is the injury certificate of
D.Satyanarayana (PW.40), Ex.P59 is the corresponding case sheet which is now produced from the hospital and attested by him. Ex.P60 is the injury certificate of Pavan Agarwal (PW.42), Ex.P61 is the corresponding case sheet which is now produced from the hospital and attested by him.
Ex.P62 is the injury certificate of Shiv Shankar Rao (PW.41), Ex.P63 is the corresponding case sheet which is now produced from the hospital and attested by him. Ex.P64 is the injury certificate of Mr. M.A.Baqi (PW.81),
Ex.P65 is the corresponding case sheet which is now produced from the hospital and attested by him. Ex.P66 is the injury certificate of
Mrs. Sravanthi (PW.43), Ex.P67 is the corresponding case sheet which is now produced from the hospital and attested by him.
98.PW.114 further deposed that Ex.P68 is the injury certificate of
Uday Kumar (PW.68), Ex.P69 is the corresponding case sheet which is now produced from the hospital and attested by him. Ex.P70 is the injury certificate of Balakrishna (PW.58), Ex.P71 is the corresponding case sheet which is now produced from the hospital and attested by him. Ex.P72 is the injury certificate of Mohd.Mohinuddin Syed (PW.74), Ex.P73 is the corresponding case sheet which is now produced from the hospital and attested by him. Ex.P74 is the injury certificate of K.V.Sharma (PW.65), 86SC 2/2011 Gokul Chat
Ex.P75 is the corresponding case sheet which is now produced from the hospital and attested by him. Ex.P76 is the injury certificate of Mr.
Ramakrishna (PW.122), Ex.P77 is the corresponding case sheet which is now produced from the hospital and attested by him.
99.PW.114 further deposed that Ex.P78 is the injury certificate of
Mr. Raheem (PW.75), Ex.P79 is the corresponding case sheet which is now produced from the hospital and attested by him. Ex.P80 is the injury certificate of Mr. Y.Srinivas (PW.44), Ex.P81 is the corresponding case sheet which is now produced from the hospital and attested by him. Ex.P82 is the injury certificate of Mrs. Hymavathi (PW.45), Ex.P83 is the corresponding case sheet which is now produced from the hospital and attested by him. Ex.P84 is the injury certificate of Ms. Priyanka (PW.90) who was treated as outpatient. Ex.P85 is the injury certificate of Ms.
Vaishnavi (PW.48) who was treated as outpatient.
100.In the cross examination he stated that basing on the records he prepared the injury certificates.
101.PW.115 Dr. Siril Satyanandam P. deposed that Presently he is working as Professor and HOD, Plastic Surgery, Kaminani Institute of
Medical Sciences, Narkatpally. Previously he worked at Aditya hospital about three months in the year 2007 i.e. from May to August. On 2508 2007 he treated a patient by name Punit (PW.2) and found the following injuries. PW.115 further deposed that 1. Left side of safe and neck 87SC 2/2011 Gokul Chat blackend left ear blackend. 2. Multiple punctate contusions 1 x 1 mm mostly on left side of face. 3. 3 x 2 cm upper lip laceration. 4. 1 x 1 cm laceration left eyebrow. 5. 1 x 0.5 cm laceration left tempel. 6. 2 x 1 cm laceration on forehead at hair line on left side. 7. 0.5 x 0.5 cm laceration on anterior chest left side and left side of abdomen. 8. Punctate hemorrhagesnose difficulty in breathing. 9. Abrasion over left shoulder 2 x 3 cm. 10. Multiple 1 x 2 mm punctate hemorrhagic laceration on left thigh and left leg. 11.1 x 2 mm hemorrhagic laceration left button, left loin left ankle. 12. Right hand 1) Abrasion over right ring finger 1 x 1 cm. 13.
Left fore arm 1 x 2 mm hemorrhagic lacerating spot middle of forearm. 14.
Left ear 1 x 1 cm laceration – blackend pinna. 15 Left hand 1)Laceration 3 x 2 cm base of middle finger, 2) Laceration extending from left thumb to base of left little finger, 3) Laceration left thumb 2 x 1 cm. The patient
Punit (PW.2) stated that the blast occurred in Gokul chat bhandar, Koti and he received injuries in the said blast. Ex.P86 is the said injury certificate.
Ex.P87 is the case sheet (attested copy).
102.In the cross examination, he stated that the injury No.1,2 and 4 are possible due to cell phone blasting. He recovered metallic foreign body.
He denied suggestion that the said injuries are caused only due to blasting of cell phone.
103.PW. 117 Dr. Syed Ameer Basha deposed that he is working as
M.C.H. Nuero Surgeon in Care Hospital, Nampally from 1997. On 2608 88SC 2/2011 Gokul Chat 2007 he examined Laxminarayana (PW.36) and with history of blast injury with multiple pellet injuries. On examination he found multiple splinter wound all over the face, throat, chest and abdomen and right arm along with a punctured wound over the medial aspect of the left shoulder. He was discharged on 04092007. Ex.P93 is injury certificate issued by him.
Ex.P94 is discharge summary (xerox copy). The injuries are grievous in nature. As per accidental report the alleged that he has received injuries in an explosive at Koti and he was shifted from OGH. Ex.P95 is the accident report.
104.PW.117 further deposed that he examined another patient by name Pushpa (PW.37) she also received injuries in bomb blast occurred at
Koti and he noticed the following injuries. Severe head injury with compound depress fracture frontal wound and bilateral tymphanic membrane injury which are grevious injuries. She operated upon for the frontal bone fracture and she was discharged on 04092007. Ex.P96 is the injury certificate. Ex.P97 is the discharge summary (xerox copy). PW.117 further deposed that he examined Mr. Sadasiv Reddy (PW.46) and also received injuries in the bomb blast at Koti on the same day and he noticed the following injuries. Polytrauma with severe head injury accute subdural hematoma right fronto tempero parietal convexity haemoragic contusion, 2)Chest injury multiple alveolar contusion with pellets in chest wall pleural effusion, 3)Abdominal injury pnemoperitoneum, jejunal perforation injury seen ear left tympanic membrane central large traumatic perforation eye 89SC 2/2011 Gokul Chat left eye penetrating injury. He was operated upon for the subdural hemotoma as well as abdominal injury. He was discharged on 25012008.
When he was discharged he made marginal improvement from brain injury he was opening eyes and able to move limbs, he was able to sit in a wheel chair and he became paralysed. Even now also he is under his regular treatment. Still he is suffering with residual paralysis and he is able to walk with lot of difficulty and also he had difficulty in the speech. Ex.P98 is the injury certificate. Ex.P99 is the discharge summary (attested copy).
105.In the cross examination, this witness stated that attendants of the patients gave the history of injury caused due to blasting. He denied suggestion that he gave medical certificates against the medical jurisprudence.
106.PW.119 Rajeev Kumar Reddy deposed that he is working in
L.V.Prasad Eye Institute from 2006. Dr. Raja Narayana also used to work with me from 2006 till date. PW.55 Ramavath Chander he treated him for a day i.e. on 30082007 for multiple corneal tear and vitreous heamorrhage. He informed that he received injuries in the bomb blast at
Koti on 25082007 which are grievous in nature as found by him, he was treated till 01092007, later also he used to come for treatment. Ex.P114 is certificate issued by him. Ex.P115 is case sheet of PW.55 (attested copy).
107.In the cross examination, this witness stated that basing on the type of injury and also history from the patient he mentioned it as blast 90SC 2/2011 Gokul Chat injury. He conducted surgery to the left eye of the patient Mani. He denied suggestion that the above injury is caused other than blast injury like trauma etc.
108.PW.120 Dr. D.V Prasad deposed that presently he is working as
Doctor at Care Hospital, Banjara Hills from 2012. previously he worked at
Nampally Care hospital from 2002 to 2008. On 25082007 he treated patient by name Smt. Vimala (LW.54) and found following injuries.
Haemotoma 1) left upper thigh, 2) left anterior chest wall. Lacerations 1) left thigh, 2) left pubic symphsis. The injuries are grievous in nature. The patient alleged to have been injured in bomb blast occurred at Koti on 25 082007. Ex.P95 is the accident report issued by him. Ex.P116 is the discharge summary sheet (attested copy). PW.120 further deposed that on the same he also treated patient by name Srinivas and he has given history that he received injuries in a bomb blast at Koti on 25082007 at around 8.00 PM and noted the following injuries. Blast injury with multiple pellets in the chest wall. He was treated in their hospital and he was discharged from hospital on 28082007. The injuries are grievous in nature. Ex.P117 is the accident report issued by him. Ex.P118 is the discharge summary.
109.IN the cross examination this witness stated that as per history he mentioned as blast injury. He denied that the said injuries are possible by other means. He mentioned in case history of Vimala as it is an explosive injury.
91SC 2/2011 Gokul Chat
110.PW.121 Dr. Wasif Ali deposed that he is a General Surgeon.
He is working in Care hospital as Consultant Surgeon, Nampally from 2007 till date. On 25082007 he examined and treated Mohd.Mohiuddin Ali
Khan, aged about 28 years, with a history of bomb blast injury and he received injuries of laceration anterior and lateral chest wall splinter in liver and he was treated till 04092007. The injuries are grievous in nature.
Ex.P121 is injury certificate issued by him. Ex.P122 is discharge summary and accident report (attested copy). PW.121 further deposed that thereafter he treated C.Narender Kumar on 26082007 early hours with a history of bomb blast injury and he received injuries Multiple small splinter injuries scalp forehead face, splinter injury left thigh, injury left ear, right leg. The injuries are grievous in nature. Ex.P123 is injury certificate issued by him. Ex.P124 is discharge summary and accident report (attested copy).
The injured discharged on 03092007. PW.121 further deposed that thereafter he treated Naga Brahma Chari on 26082007 early hours with a history of bomb blast injury and he received injuries lacerated injury right cheek. The injuries are simple in nature. Ex.P125 is injury certificate issued by him. The injured discharged on 26082007. PW.121 further deposed that thereafter he treated G.Anuradha, aged 37 years on 2608 2007 with a history of bomb blast injury and she received injuries Multiple small splinter injuries on left side of face and neck and she was discharged from hospital on 28082007. The injuries are simple in nature. Ex.P126 is injury certificate issued by him. Ex.P127 is discharge summary and accident report (attested copy). PW.121 further deposed that thereafter he 92SC 2/2011 Gokul Chat treated M.A.Haneef, aged 25 years on 26082007 with a history of bomb blast injury and he received injuries left side face splinter injuries, abrasion over with lumbar region, splinter injury right groin c small haematoma and he was discharged from hospital on 27082007. The injuries are simple in nature. Ex.P128 is injury certificate issued by him. Ex.P129 is discharge summary and accident report (attested copy). PW.121 further deposed that thereafter he treated Ch.Meena, aged 36 years on 26082007 with a history of bomb blast injury and she received injuries multiple small splinter injuries face, laceration right arm, foreign body right eye and she was discharged from hospital on 27082007. The injuries are simple in nature.
Ex.P130 is injury certificate issued by him. Ex.P131 is discharge summary and accident report (attested copy). PW.121 further deposed that thereafter he treated A.Rafiuddin Ahmed Ansari, aged 17 years on 2608 2007 with a history of bomb blast injury and he received injuries jejunum perforations, retroperitoneal haematoma, splinter injuries left arm chest and abdomen, left ulnar nerve injury, unicortical fracture left humerus and he was discharged from hospital on 10092007. The injuries are grievous in nature. Ex.P132 is injury certificate issued by him. Ex.P133 is discharge summary and accident report (attested copy).
111.In the cross examination, this witness stated that he issued injury certificates for all the above injuries. He had not removed any splinter from liver of Mohd. Mohiuddin vide MLC No.145/07. He can call the injury to liver and foreign body in the liver as blast injury. In all the 93SC 2/2011 Gokul Chat case he gave opinion that the injuries are blast injuries. The dimensions of the injuries are not given in all the seven injury certificates.
112.PW.124 deposed that he is working as HOD, Orthopedic in
Care Hospital from 2002. On 25082007 he treated a patient by name
Vamshi Chakravarthi (PW.54) with history of multiple injuries i.e. scapula hematoma, fracture shaft left humerus, multiple pellet injuries both shoulders, left hemothorax and phemothoroex. The history given by the patient is he received said injuries in Gokul chat bomb blast. Ex.P144 is medical certificate issued by him. He is undergone treatment in our hospital and he is discharged from hospital on 08092007. The injuries are grievous in nature. Ex.P145 is MLC cum case sheet (attested copy). The patient was treated by various doctors including General Surgeon,
Cardiothorasic Surgeon, Physician and Anesthesiologist in their hospital
113.This witness was cross examined by the learned counsel for the accused. He stated that he collected pellets from the body of the injured but he did not hand over the said pellets to the police. He denied suggestion that unless dimensions of injuries are mentioned it is not possible to say whether it is grievous or simple injuries. The appearance of blast injury is highly irregular lacerated open wound with pellets seen.
114.Coming to documentary evidence, Ex.P1 is the statement of
PW.1in which he stated about death of several persons died on the spot including his servants and receiving of injuries by the persons who visited 94SC 2/2011 Gokul Chat their Chat Bhandar. Ex.P4 is the inquest panchanama. Ex.P45 to P57 inquest reports of deceased mentioned in table No.1 which go to show that the panchasopined that the death of the deceased occurred due to bomb blast at Gokul Chat Bhandar. Ex.P88 to 92, Ex.P100 to 113, P119, Ex.P134 to Ex.P143 are the postmortem examination reports of deceased along with requisitions would show that persons mentioned in table No.1 died due to the reasons, mentioned in table No.3
Table No.3
S.No Name of the deceased died at Gokul Chat Bhandar
1.D.1K. Sai Swaroop “Multiple injuries due to bomb blast”
2.D.2E. Shyam Rao “Multiple injuries due to bomb blast”
3.D.3 Mohd. Wahed “Multiple injuries due to bomb blast”
4.D.4B. Sudheer “Multiple injuries due to bomb blast”
5.D.5Potuluri Vigna “Multiple injuries due to bomb blast”
6.D.6Dr. Chaitanya Prasad “Blast injury of trunk”
7.D.7Mohd. Rizwan Ali “Blast injuries of head and trunk”
8.D.8P. Vinay Babu “Multiple injuries due to bomb blast”
9.D.9Kum. Joshi Prathuasha “Blast injuries of head and trunk”
10.D.10Krishnaiah “Multiple injuries due to bomb blast”
11.D.11Smt. Raheemunnisa Begum “Multiple injuries due to bomb blast”
12.D.12Akrammullah Khan “Multiple injuries due to bomb blast”
13.D.13Mohd. Amer “Multiple injuries due to bomb blast”
14.D.14Mohd. Saleem “Blast injury of head”
15.D.15Sayeeda Fareeda Naaz “Blast injuries of head and trunk”
16.D.16Master Mohd.Ali “Multiple injuries due to bomb blast” 95SC 2/2011 Gokul Chat
17.D.17Kalipakala Ram Mohan Rao “Multiple injuries front and back of the chest obtrusion due to bomb blast
18.D.18K.Krishna Chand “Multiple injuries due to bomb blast”
19.D.19Ahmed Mohiuddin “Multiple injuries due to bomb blast”
20.D.20Kundan Dass Lalvani “Head injuries associated with … due to bomb blast
21.D.21Smt. S.M. Irfan Dowla “Head injuries due to bomb blast”
22.D.22Kumari Baade Sravanthi “Head injuries due to bomb blast”
23.D.23Smt. Ch. Susheela @ Sunitha “Head and chest injury due to bomb blast
24.D.24L.Shiva Krishna “Head and chest injury due to bomb blast
25.D.25Kumari M. Sree Lekha “Chest injuries due to bomb blast”
26.D.26Bungapatla Ramesh “Multiple injuries of chest and abrasion due to bomb blast
27.D.27T.Phaneendra @ Bhanti “Head injury due to bomb blast”
28.D.28Yahya Abdul Kahder Syed “Blast injury neck”
29.D.29G.S. John Isreal “Head injury associated with multiple punctured wounds of chest and abrasion due to bomb blast
30.D.30P. Srinivas Prasad “Head injury due to bomb blast”
31.D.31B. Laxmi “Head injury – due to bomb blast.,
32.D.32Lavu Swamy Babu PME not filed,
No proof is filed that this person died in the Bomb Blast
Ex.P149 is the bunch of photographs showing parts of the bodies viz., hands, brain matter etc lying at the scene of offence, Ex.P42is scene of offence observation cum seizure panchanama conducted by PW.98 would go to show that Gokul Chat Bhander situated in ground floor of
Commercial Complex, located on the northern side of the main raod 96SC 2/2011 Gokul Chat leading from Andhra Bank X Road to DMHS Cross Roads. It is a three storied building having ground plus two floors. Pieces of human bodies found. Due to bomb blast the ice cream machine completely damaged and also interior damaged.
115.At the risk of repetition, though there is no much dispute with regard to the blasts and consequential deaths and injuries, the cross examination of medical officers who conducted the postmortem examinations admitting nonmentioning the age and dimensions of the injuries and nonsending of the foreign bodies removed from the injured and deceased do not go to the root of the case because the deceased and injured were shifted to several hospitals. Even otherwise all the doctors except the doctor who conducted postmortem examination of D.32 opined that the deceased died due to blast effect. In so far as injured persons also the doctors opined that they sustained bomb blast injuries.
116.On over all scrutiny of the evidence of prosecution witnesses, it is clearly established that the death of the persons mentioned in table No.1 is homicidal due to bomb blast which is high explosive ie IED occurred at
Gokul Chat Bhander, and the injuries caused to the persons mentioned in table No.2 are due to bomb blast occurred at Lumbini Park. Point (I) and (II) are answered affirmatively.
117.To prove the points No.(III) to (XV), the prosecution relied upon the following circumstances, viz., 97SC 2/2011 Gokul Chat a. Prior to June 2007, PW122 stayed with his cousin Farooq Sharfuddin Tarkash (A5) for 15 days, where Farooq Sharfuddin Tarkash(A5) introduced Accused No.1 and A2.
b)During June 2007, Farooq Sharfuddin Tarkash (A5) called PW66 and asked him to take care of A2 who was visiting Hyderabad.
c) After meeting PW.122, A2 and PW.122 went around the city of Hyderabad including Gokul Chat bhandar, Lumbini Park and Dilsukhnagar (Evidence of PW122, PW128).
d) A.2 left PW.122’s place at Dilsukhnagar, informing that he would go to Pune, but went and stayed at Azizia Hotel at Nampally from 23.07.2007 to 30.07.2007. A.2 then taking Banjara Nilayam flat 302 on rent in August 2007 after entering into a rental deed.
e) A3 joining A2. Accused No.1 & A2 staying at Banjara Nilayam during August, 2007 in false names of Satish Gaekwad and Vinod Patil (Anik Shafique Sayeed (A2) as Satish Gaekwad and Akbar Ismail Chowdary (A3) as Vinod Patil).
f) Anik Shafique Sayeed (A2) purchasing TV and taking cable connection.
g) Accused joining Dhoom technologies for brief period in the false names of Satish Gaekwad and Vinod Patil (Anik Shafique Sayeed (A2) as Satish Gaekwad and Akbar Ismail Chowdary (A3) as Vinod Patil).
h) Purchase of material i.e. bag, batteries etc. by A1 and A2 prior to blasts.
i) Anik Shafique Sayeed (A2) found with a bag at Lumbini Park minutes
before blast at Lumbini park.
j) Explosions taking place after Anik Shafique Sayeed (A2) left leaving the bag on the seat as witnessed by PW53 and PW56.
k) Akbar Ismail Chowdary (A3) found at Dilsukhnagar around 7.30 PM, placing bag and leaving on same day i.e, 25.8.2007.
l) Bomb found in the bag placed/hung by A3 Akbar to the vehicle of PW.84, which was defused.
m) Bomb placed in Gokul chat bhandar which exploded on 25.08.2007.
n) Blast remnants containing Ammonium nitrate.
o) Deaths of several persons and injuries at Lumbini park and Gokul chat bhandar.
p) Arrest of accused in Mumbai cases for terror related offences .
98SC 2/2011 Gokul Chat
q) Intimation of Mumbai Police to Hyderabad about the alleged involvement of accused in Hyderabad blasts.
r) Taking accused into custody from Mumbai.
s) Confession of Anik Shafique Sayeed (A2) and Akabar Ismail Chowdary (A3)
t) Accused leading police to Banjara Nilayam where the accused stayed.
u) Recovery of blast material at the instance of Anik and Akbar in duct of Banjara Nilayam, Accused staying at Banjara Nilayam, recovery of IED parts, A2 taking cable connection, joining Dhoom Technologies are all known to the investigation at the instance of A2 which is admissible u/s 27 I.E. Act, Absconding accused No.1 visiting Banjara Nilayam the day before the blast.
v) Confession made to PW122 by accused corroborating the facts discovered at the instance of accused. Evidence of PW122 discloses:
i) PW122 visiting Farooq Sharfuddin Tarkash (A5) and staying with him.
ii) Farooq Sharfuddin Tarkash (A5) introducing Anik Shafique Sayeed (A2) and Akbar Ismail chowdary (A3) to PW122 at Pune.
Iii) Farooq sharfuddin Tarkash(A5) requesting PW122 to help Anik Shafique Sayeed (A2) who was coming to Hyderabad.
iv Anik Shafique Sayeed (A2) having taken the help of PW122 stayed back in Hyderabad without intimation to PW122.
w) Accused causing explosions at Lumbini park and Gokul chat bhandar and placing bomb at Dilsukhnagar.
118.This case rests upon circumstantial evidence. It is apt to refer to the settled principles of law reported in Sharad Biridhichand Sarda Vs. State of
Maharastra AIR 1984 SC 1622 wherein it is held thus:
1) the circumstances from which the conclusion of guilt is to be drawn should be fully established. The circumstances concerned 'must or should' and not 'may be established'
2)the facts so established should be consistent only with the hypothesis of the guilt of the accused, that is to say, they should not be explainable on any other hypothesis except that the accused is guilty.
3)the circumstance should of a conclusive nature and 99SC 2/2011 Gokul Chat tendency.
4)they should exclude every possible hypothesis except the one to be proved and
5)there must be a chain of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused.
119.Now let me examine whether the prosecution established the following circumstances beyond all reasonable doubt?
120. Prior to June 2007, PW122 stayed with his cousin Farooq Sharfuddin
Tarkash (A5) for 15 days, where Farooq Sharfuddin Tarkash(A5) introduced
Anik Shafique Sayeed (A2) and Akbar Ismail Chowdary (A3)
121.In so far as first circumstance is concerned, PW.122 deposed that he came to Hyderabad in the year 2003, joined AnwarulUloom College for pursuing M.Com. Post Graduate. He was unable to complete M.Com as such he joined English training course and also Hardware and networking courses in
Hyderabad. In search of a job he went to Pune to his father’s sister’s house.
Farooq (5) is the elder son of his father’s sister where he stayed at Pune, at the house of A.5 who was his cousin. In the process of finding a job he was accompanied by A.5 to his office at times. In the process of searching for the job he was selected through a consultancy for a BPO training. He used to attend training classes which were for a period of 15 days and used to stay at the place of Accused No.5. Meanwhile during the said stay he also met two friends of (A5) whose names are Anik (A.2) and Akber (A.3).
122.In the cross examination, PW.122 denied suggestion that Mumbai
Police warned him to give statement as per their advice otherwise they will 100SC 2/2011 Gokul Chat implead him as accused in the case.
123.The case of the defence is that A.2 & A.3 never met A.5 in the presence of PW.122 nor they were introduced to PW.122.
124On the other hand, the learned Special Public Prosecutor submitted that PW.122 is none other than relative of Accused No.5 and there is nothing to indicate any motive to state falsely against the accused and there is corroboration in the form of evidence to this witness.
125On scrutiny of the evidence of PW.122, since there is no specific denial of the accused No.2,3 and A5 meeting PW.122 at Pune, the evidence adduced by PW.122 with regard to their meeting at Pune appears to be cogent , reliable and trustworthy. There is no reason to disbelieve the testimony of this witness because no animosity attributed against by A2 and A3. There are certain omission n respect of A5 but there are no omissions and contradiction in respect of A2 and A.3. Therefore there is no hesitation to hold that this circumstance is established beyond all reasonable doubt.
126. During June 2007, Farooq Sharfuddin Tarkash (A5) called PW
66 and asked him to take care of Anik Shafique Sayeed (A2) who was visiting
Hyderabad .
In so far as second circumstance is concerned, PW.122 127.
deposed that during June, 2007 after he shifted to his friends house at 101SC 2/2011 Gokul Chat
Dilsukhnagar, he received a phone call from Farooq (A5), asked him to take care of Anik (A2) who was coming from Pune and help him as per A2 Anik’s requirement which was computer training. Accordingly he sought permission from his friend Srinivas Reddy (LW.133) for the stay of Anik (A2) at their place.
One week thereafter in the last week of June or first week of July Anik (A2) came to Hyderabad and called him on phone. He guided him to Dilsukhnagar and when he came to Dilsukhnagar by bus route No.156 he received A1 around 8.30
AM or 9.00 AM.
128.Nothing was elicited from the cross examination of PW.122 to disbelieve his evidence with regard to making call by accused No.5 to
PW.122 to render help to the accused No.2 who was visiting Hyderabad.
Therefore this Court holds that this circumstance is also established.
129. After meeting PW122, Anik Shafique Sayeed (A2) and PW122 went
around the city of Hyderabad including Gokul Chat bhandar, Lumbini Park
and Dilsukhnagar
130.In so far as this circumstance is concerned, PW.122 deposed that as informed by Farooq (A5) and at the request of A2 Anik for going around places in Hyderabad as it is a tourist place and also for the purpose of identifying training centers he took A2 Anik around Hyderabad. He took
A2 Anik to Golconda Fort, NTR gardens, Lumbini park, Old city (Charminar). In the evening they came back by bus via Women’s college,
Koti. He informed Anik (A2) that in Koti there was a famous eatery by 102SC 2/2011 Gokul Chat name Gokul chat and shown Gokul chat Bhandar and also book shops where many students purchase second hand books.
131.Pw.128 Kalyan Kiran deposed that presently he is doing jewellery business at Narayanpet, Mahaboobnagar District. He was residing at Hyderabad from 2005 to 2010. He was doing as salesman in jewellery shop. He was residing at Hyderabad in P & T colony, Dilsukhnagar. Along with him his friend Srinivas Reddy (LW.133) and Jangam Mallikarjun (LW.135) were residing in the room at P & T colony. In the year 2007
PW.122 was also joined in their room in May or June. After one month, friend of PW.122 viz., Anik (A2) came and joined in the same room and stayed for two days. PW.128 identified the accused No.2 He further deposed that after that said accused A.2 went away by saying that he was going to Pune..
132.On analysing the evidence of PW.122 supported by the evidence of PW.128 it can be concluded that the accused No.2 visited to the room of PW.122 at Dilsukhnagar and they moved around Hyderabad. Thus it is proving another link to the chain of circumstances about the visit of the accused No.2 to Hyderabad and their moving around Hyderabad city tourist places.
133. Anik Shafique Sayeed (A2) left PW.122's place at Dilsukhnagar,
informing that he would go to Pune, but went and stayed at Azizia Hotel at
103SC 2/2011 Gokul Chat
Nampally from 23.07.2007 to 30.07.2007. Anik Shafique Sayeed (A2) then
taking Banjara Nilayam flat 302 on rent in August 2007 after entering into a
rental deed ExP2.
and
134, Accused staying at Banjara Nilayam during August, 2007 in false
names of Satish Gaekwad and Vinod Patil (Anik Shafique Sayeed (A2) as
Satish Gaekwad and Akbar Ismail Chowdary (A3) as Vinod Patil)
135.PW.122 and Pw.128 deposed that accused A.2 went away by saying that he was going to Pune.
136.There is no specific suggestion to PW.122 and PW.128 that accused No.2 did not inform them about going to Pune.
137.PW.87 Abdul Razaak Khan deposed that he is the owner of
Azizia lodge, Nampally, Hyderabad. From 2000 to 2008 he run the said lodge. Earlier his father used to run the lodge. The said lodge building was let out for furniture shop. In the second or third month of 2009, police came to his lodge along with some persons. Police also brought one person.
After seeing the said person, he told to police that the said person stayed in their lodge in the eighth month of 2007. He can identify the said person who came along with police. He identified the accused No.2 (Anik Shafiq
Sayeed) as the same person stayed in the lodge. He further deposed that police seized said register under panchanama and in the said panchanama his signature, panch witness signature, police officer signature and the 104SC 2/2011 Gokul Chat accused signature was obtained. Ex.P28 is the copy of panchanama dt.12.02.2009. Ex.P29 is the copy of register of their lodge which contains the signature of A2 the accused under dt.23.07.2007 at 7.35 pm ie., date, time of arrival of A2. He stated that A2. stayed in their lodge for seven days.
138.This witness was cross examined by the learned counsel for the accused. He stated that one person by name M.A. Jaleel stayed in their lodge for one day prior to A2, and thereafter that Anik (accused No.2) stayed for one day as per Ex.P29. But again he added that Accused No.2 (Anik S/o. Mohammed) stayed for seven days). He added that the contents of Ex.P29 were written by respective customers. The original register of Ex.P29 is with him. There is no page number or customer serial number on Ex.P29; but denied suggestion that Ex.P29 is fabricated by him as asked by police.
139.The learned counsel for the accused No.2 submitted that the original register was not sent to Handwriting Expert but they sent only three xerox copies, which are marked as Ex.P30 in SC No.1/2011, Ex.P29 in
SC No.2/2011 and Ex.P36 in SC No.3/2011, though the original lodge
register available, it was not sent to FSL.
140.The learned Special Public Prosecutor filed memo in SR
No.634/2018, stating that the original register pertaining to Azizia 105SC 2/2011 Gokul Chat
Lodge,Nampally was seized under panchanama and the said original register was sent to FSL through learned I Additional Chief Metropolitan
Magistrate Court, Hyderabad. However, the said original register went
missing and could be traced in the court records and due to nonavailability of the original register, photocopies of the relevant extracts were marked through witnesses in all the three cases.
141.Perused the original of Ex.P29 register, it would show that it is an original register maintained by the Azizia Lodge, and it is containing the stamp of FSL evidencing receipt of the said original register by them under
File No.DOC/68/2009, and questioned signatures as Q1, Q.4 and Q.5, and also the signatures of the panchas evidencing seizure of the same from the
Azizia Lodge at the instance of accused. There is also Inward No.22 evidencing receipt of the same by the learned I Additional Chief
Metropolitan Magistrate, Hyderabad. Under the said circumstance, no much weight need be given to the stray admission of PW.87 that the original of Ex.P29 register is with them, and contents of original register can be taken into evidence, and there is no force in the contention of the learned counsel for the accused No.1, that original register of Azizia lodge was not sent to FSL for opinion of Handwriting Expert. Further even on close perusal of xerox copy of register, it does not contain any seal of FSL or receipt of the said xerox copy and therefore the stand of the accused falls to ground..
106SC 2/2011 Gokul Chat
142.The learned counsel for the accused vehemently contended that there is no reasoning given by the expert and hence the said opinion cannot be considered for arriving to any conclusion that the writings appeared in the register is that of accused No.2. He further contended that the writings as marked under Q2 to Q.5 are not tallied with that of A.2. On this aspect, perusal of the expert opinion and the documents under original of Ex.P.29 and Ex.P29 shows that the Expert while confirming that the signature appearing on the register is that of accused No.2, stated that the further writings of the accused No.2 is necessary to offer opinion about the writings. However, perusal of the above admitted writings one can come to conclusion that the person who wrote the admitted writings tried to disguise his original hand writing. In so far as the reasoning of the expert is concerned, perusal of Ex.P155 (original marked in SC 3/2011) clearly shows that he has given good reasoning for signature marked as Q.1, and stated that the person who wrote the red enclose signatures and writings marked S1 to S57 also wrote the red enclosed signature marked Q.1.
Even Expert is also confirming that the original register was received by him and he examined it. He further denied suggestion that he did not examine the original register.
143.From the above discussion, it can be safely concluded that the accused No.2 Anik stayed in the Azizia lodge from 23.07.2007 at 7.35 p.m, to 30.7.2006 till 4.10 p.m., and did not go back to Pune as informed to them and the said circumstance is supporting the version of PW.122 and 107SC 2/2011 Gokul Chat
PW.128. Accordingly this circumstance is proved.
144.The next chain of circumstance relied upon by the prosecution is that the accused after vacating the room at Azizia Hotel, he went to portion at Banjara Nilayam. To prove the same, PW.34 is examined in SC 2/2011.
145.PW.34 G. Hariram deposed that he retired as Chief Engineer,
Irrigation Department in the year 1985, he got two daughters and one son.
Dr. Vasuda is his elder daughter, she was residing at Nizamabad along with her family. He was holding two flats in Banja Nilayam Apartments,
Habsiguda with Flat Nos. 102 and 302. He gifted both the flats to his daughter Dr. Vasudha. He is looking after the said flats with regard to maintenance and also collecting rents. That in the Flat No 302, the tenants were vacated hence he gave paper publication calling the tenants in Deccan
Chronicle in the month of July 2007. On 30072007 one Satish contacted him through phone and met him at Secunderabad railway station, both they reached the said flat and he shown the flat for which he accepted on the rent of Rs. 4000/ PM and gave him total Rs. 12,000/ towards advance inclusive of two months advance and one month rent, and they entered into rental agreement and that the said Satish signed on rental agreement.
Ex.P.2 is rental deed dtd. 30072007 (original filed in SC 3/2011)
146.PW.34 further deposed that on 06082007 another person named Vinod joined in the said flat along with Satish. On 09082007 also 108SC 2/2011 Gokul Chat another person named Rajesh also joined in the same flat. The joining of
said two persons (A1 & A3 with different names) also mentioned in
rental deed. Police called him to the said flat hence he went there and police conducted panchanama in his presence and seized rental deed from him. Ex.P.3 is the seizure panchanama dtd. 11022009 contains his signature and also others. One of his neighbours Venugopal and Anik also signed on Ex.P.3.
147. In the cross examination, this witness stated the police have shown the Satish and Vinod by giving their other names. Photographs of the said person was shown to him. He admitted that Ex.P3 was conducted by the police after showing the Satish and Vinod by giving their different names. He denied suggestion that the names of Satish and Rajesh (Accused No.1 – Riyaz Bhatkal) were subsequently added.
So, the nexus between A1 to A3 is established.
148. The evidence of PW.85, PW.91 and PW.126 is supporting the stay of accused No.1 & 2 as tenants in the flat No.302 and the same is corroborating to Ex.P30 original rental deed.
149.The learned Special Public Prosecutor submitted that the accused No.2 & 3 were taken into police custody, interrogated and they lead the police to Banjara Nilayam where they stayed during the month of
August,2007 and the said place is shown to the Investigating Agency for 109SC 2/2011 Gokul Chat the first time after the accused led them to the complex and showed them that they stayed in Flat No.302. He further submitted that the original of
Ex.P2 the rental agreement with the owner of the flat. The rental deed was seized under panchanama in the presence of PW.52 from the owner
Hariram
150.PW.86 deposed that in the month of August, one person by name Satish Gaiward came to his cable office Venkateshwara cable and asked for cable connection to flat No.302, Street No.8, Banjara Nilayam,
Habsiguda and identified the accused No.1 as the said person who introduced himself as Satish Gaikwad. He further deposed about handing over of Ex.P25 and Ex.P26 to the police visited to their office along with accused. In the cross examination, this witness denied suggestion that
Ex.25 and P26 are fabricated.
151.The learned counsel for the accused except taking a defence that the accused never visited Hyderabad, nothing elicited to disbelieve the entries in original register of Azizia Lodge and entering of rental agreement with the GPA holder of the Flat. Ofcourse the name of the tenant mentioned in Ex.P.2 is that of “Satish Gaikwad” but as per the evidence of prosecution, the accused No.2 stayed in the said flat by furnishing wrong name in the rental deed and in support of the same, they got marked identity card of accused No.2 having affixed photograph of accused No.2 on it with different name as “Satish Gaikwad” and the same was seized at 110SC 2/2011 Gokul Chat the instance of the accused from the Banjara Nilayam, which is supported by panch witness; and the same would only show that the accused No.2 stayed in Banjara Nilayam with different name as Satish Gaikwad and A.3 stayed with different name as “Vinod Patil”, and that accused No.1 joined them with different name as Rajesh.
152.The learned counsel for the accused assailed the case of the prosecution on this circumstance that the original owner of the Flat No.302, is not examined in this case; and instead the owner, her father is examined. Even he identified Accused No.5 as if accused No.2. He got marked Ex.D4 showing the name of Vasuda as owner of flat No.302. It is true the flat stands in the name of Vasundara who is a daughter of this witness and hence she is not examined. At this stage the learned Public
Prosecutor strenuously argued that had original of Ex.P2 been fabricated document, it would have contained signature on each and every document.
As it is an original document signature is obtained only on the last page of the document as there is no space on the bottom of the first three pages and it is seized in the presence of panchas under separate seizure. Therefore, this document cannot be doubted because it was seized from the possession of father of the owner. Moreover the accused No.2 obtained cable connection to this flat No.302 by furnishing wrong name under Ex.P25 and
P.26 supported by the evidence of PW.86. So, these two circumstances are coinciding that A2 and A.3 stayed in Flat No.302, at Banjara Nilayama prior to the date of incident and on the date of the incident, and that absconding 111SC 2/2011 Gokul Chat accused No.1 joined them later with different name as Rajesh. This circumstance is also established beyond all reasonable doubt.
153.Purchase of material i.e. bags, batteries etc. by A2 and A3 prior to blasts.
In so far as the above circumstance is concerned, PW.89 deposed that from the year 2001 to 2010 he was doing business along with his brother Divyesh Khodoria in the name of Max Mobile Accessories situated at Gujarati Galli, Bank Street, Koti, Hyderabad. In the month of February 2009, some police officers came to his shop along with one person. Police enquired with him about the said person. Then he said that long time back, the said person along with another person purchased nearly twenty 9 volts batteries. He can identify those batteries. (MO.s 5 to 7 which are marked in SC No.01/2011 were shown to the witness) witness identified that they are the same batteries sold to the said person. He can identify the person who purchased the batteries from him. A2 (Anik Shafiq Sayeed) is the said person. The other person is not present in the Court but he stated that he can identify him, if seen.
154.During the course of cross examination, nothing was elicited to disbelieve his evidence. For the suggestion given by the defence counsel, the witness stated that “ I do not have any prior acquaintance with the above said accused prior to 2007”. So, this suggestion shows that from 2007 he got acquaintance. The said suggestion boomeranged neck of the 112SC 2/2011 Gokul Chat accused. So, the further answer by the witness that he saw the accused for the first time in his shop for the first time in 2009 is nothing but stray admission and need not be given much importance in view of identifying the accused No.2 when he led the police and panchas to his shop.
155.“In so far as MO.,7 is concerned, the learned counsel for the accused No.5 and A6, vehemently contended that it is planted one and it contains the date of purchase on the bottom of the battery as October,2008 (102008),. Per contra, the learned Public Prosecutor submitted that the said date is not the manufacturing date. However, it is general phenomenon that it will contain the expiry date but not the date of manufacture. Added to this, Ex.P147 reads as under:
“Now, I will also show the shops where I purchased the batteries that were used in Improvised Explosive Device, portable colour TV, cell phone and SIM card, I will also show the shops where I sold the colour TV and cell phone after the blasts.” The above aspect is supported by panch witness PW.127. Therefore, there is no force in the contention of the learned counsel for the accused that
MO7 is a planted one.
156.PW.90 deposed that he is running business of selling old
Televisions at Haridas Market, Bank Street, Koti, Hyderabad by name
Ganesh Electronics since 15 or 16 years. In the year 2009 one police officer came to their shop along with others with a person. He questioned whether the said person purchased any T.V from him. He identified the said person and told that the said person purchased a T.V from him prior to Gokul Chat 113SC 2/2011 Gokul Chat
Blast. Witness identified the said person Accused No.2 (Anik Shafiq
Sayeed).
157.This witness was cross examined by the defence counsel and nothing was elicited to disbelive his evidence. It is general practice that when old TVs are sold, no bills will be issued to the customers.
158.So, it is clear that the accused No.2 purchased old T.V. from
PW.90 prior to Gokul Chat Blast. The Purchase of material i.e. bags, batteries etc. by A2 and A3 prior to blasts, is clearly established by the prosecution and it is also one of the circumstances supporting the case of the prosecution and linking the chain of events.
159. Anik Shafique Sayeed (A2) found with a bag at Lumbini
Park minutes before blast at Lumbini park.
160.PW.92 deposed that he is resident of Kukatpally, Housing
Board Colony, Hyderabad. He is doing business. In the year 2007 he used to stay Yellareddyguda, Ameerpet. Pw.56 Ganesh Kumar is his friend. On 25.08.2007 he along with PW.56 to Lumbini Park to watch Laser Show.
They entered into the auditorium at around 7.00 pm. Himself and his friend sat in the middle seats of the auditorium ie., blue colour seats. Both of them sat in the middle seats of the auditorium ie., blue colour seats.
They sat beginning of the said row of blue seats.
PW.92 further deposed that while they were sitting, one 114SC 2/2011 Gokul Chat person height about 5.6” round face lean built came with a black colour bag hitting (trampling) his legs and he questioned him why he hit his legs.
There was some conversation between him and the said person. At that time his friend also questioned him regarding the issue. The said person went and sat on the same row in the middle along with his bag. They were observing the said person and he is also observing them. After some time he kept the said bag on the seat and went away. The show started within 15 minutes of the show, and they heard a big blast sound in the same row.
In the said blast so many people received injuries and they didn’t receive any injuries but their ears were blocked due to the said blast. People were shouting and running towards gate and they also ran and went away. He can identify the said person. He identified Accused No.2 (Anik Shafiq
Sayeed) in the court. They suspected the said person who was a reason for the blast and they went to Lumbini Park, there on their enquiry the staff at
Lumbini Park told that the police at Basheerbagh are looking the matter.
161.At this stage, the learned counsel for the accused contended that since it was a laser show, there was a dark and there was no possibility of these witnesses seeing the accused No.2 and identifying them. Close scrutiny of the evidence of PWs. 92 and PW.95 one thing is clear that just
before the start of the show, at about 15 minutes, the accused No.1 had
arrived and after 15 minutes show started. There may some variation of timings in the statements of witnesses of blast and start of show; but that would not go to the root of the case because all the witnesses have stated 115SC 2/2011 Gokul Chat about occurring of blast during the laser show, and more over PW.95 clearly stated that the accused No.2 after keeping the bag left the place and
PW.95 thought that he was reserving his seat and that’s why he did not question him or suspect him initially for keeping the bag.
162.PW.92 further deposed that then they went to Basheerbagh ie.,
Special Police Office and he informed the said incident to the police. Police examined and recorded his statement. Police asked him whether he can identify the said person. He informed them that he can identify the person.
He gave descriptive particulars of the said person to the police in his statement. In the year 2009, he received summons to come to Cherlapally
Jail for TI Parade. He went to Cherlapally Jail and met with Magistrate.
Magistrate recorded his statement and he put his signature. Ex.P36 is the
signature on the said statement recorded by the Magistrate. In Test
Identification Parade, he identified A2 (Anik Shafiq Sayeed) before the
Magistrate.
163.This witness was cross examined by the learned counsel for the accused, and he stated that he did not state to the police in his statement under S.161 Cr.P.C. specifically that they suspected the said person was the reason for the blast. He added that they went to Basheer bagh, I.e, Special
Police Officer and informed the said incident to the police,. He added that he stated to the police that he can identify the person who kept the bag containing explosive materials on seat which exploded resulting in several 116SC 2/2011 Gokul Chat deaths and injuries at Laser show, He denied suggestion that he did not go to Laser show at Lumbini Park on 25.8.2007. He went to Lumbini park at about 6.00 p.m. They purchased ticket for laser show at about 6.30 p.m.
About 1000 persons were in the show by the time they reached. They occupied the seat in laser show at about 7.00 p.m . Except the same nothing was elicited to disbelieve his evidence.
164.PW.95 deposed that he is resident of Miyapoor. He knows
PW.92 who is his friend. On 25.08.2007 he along with his friend PW.92 went to Lumbini Park to watch Laser Show. Around 06:30 or 07:00 PM after purchasing tickets entered into auditorium. They sat in blue seats middle of the auditorium. They were sitting one person came and stepped on PW.92 feet. On that they questioned and there was an arguments with the said person. As PW.92 did not know Hindi language as such he questioned the said person about stepping on his leg. Thereafter, the said person said sorry and sat in the same row at a distance. The said person around 5.5 height oval face. The said person was carrying a black colour back pack (college bag). He can identify the said person. The witness identified accused No.2 (Anik Shafiq Sayyed) as the said person in the open court. The said person kept the said bag on the seat and left away, and that they thought that he might have kept the bag for reserving his seat.
165.In the cross examination, this witness stated that accused No.1 117SC 2/2011 Gokul Chat kept bag in the seat and left away. They thought that he might have kept the bag for reserving the seat. Laser show started after 20 minutes after he went inside. All the lights were dim when the show started. He did not give any report in writing to the police against person who found with black bag. They were asked at Laser show to go to Special Police,
Basheerbagh to give statement after three days from the incident. The same was not stated in his statement to the police. He denied suggestion that he did not go to laser show and did not observe any blasting. He admitted that he did not state before the police in his statement under 161 Cr.P.C that he questioned the accused as PW.92 did not know Hindi and that after blasting they were shocked and their ears were blocked and that after reaching his house he came to know that the bomb blast occurred in Gokul
Chat and Lumbini Park and that after two days himself and PW.92 voluntarily went to Lumbini Park and they were directed to go to Special police at Bashder Bagh.
166.The learned counsel for the accused firstly argued that the duration of the laser show is only 30 to 35 minutes as per injured witness. .whereas the witness.PW.92... stated that the laser show starts at 7.00 and ends at 9.00 p.m, and the defence counsel tried to take advantage of the said statement. But it is in common knowledge of every one that show starts at 7.00 p.m, and ends at 9.00 p.m, and there will be two shows on week ends, (Saturday & Sunday) and the first show begins at 7.15 and second show at 8.30 p.m, and therefore, the date of incident is on 2508 118SC 2/2011 Gokul Chat 2007 falls on weekend (Saturday). There is no ambiguity in the evidence given by the above said witness. The defence counsel nextly argued that the PW.88 Investing Officer stated that the distance between one row to another row is 6 to 7 feets and if that is true there is no scope for trampling of feet of any person sitting in the row but perusal of Ex.P149 bunch of photos shows that it may be true that the distance between one row to another row is six feet, but seats are fixed and the persons sat in their seats, the gap between the seats reduces because of the sitting postures of persons of both rows and built of the body of the persons sitting in the row and it may reduce the distance of free movement between the rows. Therefore, there is no force in the contention of the accused that there is no scope for A2 to trample the feet of this witness.
167.Explosions taking place after Anik Shafique Sayeed left leaving the bag on the seat as witnessed by PW92 and PW 95.
168.PW.92 further deposed that after some time he kept the said bag on the seat and went away. Later the show started, within 15 minutes of the show they heard a big blast sound in the same row. He identified the accused Anik
Shafiq Sayeed (A1) as the said person who kept the bag.
169.PW.95 deposed that said person was carrying a black colour back pack (college bag) identified him as accused (Anik Shafiq Sayyed) as the said person who kept the said bag on the seat and left away, and that they thought that he might have kept the bag for reserving his seat.
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170.The learned defence counsel raised a contention that PW.92 stated that if there is any luggage it will be checked. If that is so, the story of the prosecution can be belied. On the other hand, the learned Special Public
Prosecutor strenuously argued that the security working in that laser show are on the contract basis and there was no metal detectors installed at that time to detect any mischievous material . Even otherwise, how an explosive entered into the laseriusm show is not in much dispute even according to the defence counsel because the defence is not denying the blast and consequences of the blast.
Therefore, raising a contention that Accused No.1 did not take the explosive bag into the lasereium does not have legs to stand.
171.Akbar Ismail Chowdary (A3) found at Dilsukhnagar around 7.30 PM, placing bag and leaving on same day i.e, 25.8.2007.
And
172.Bomb found in the bag placed/hung by Akbar to the vehicle of
PW.84, which was defused.
173Akbar Ismail Chowdary who is shown as accused No.3 in this case also involved in SC 1/2011, and in that case he was shown as accused No.3 for placing bag containing IED bomb near footover bridge at Dilshknagar. Therefore, no discussion is necessary on this circumstance. The registration of crime against the accused No.3 and the accused No.2 who is shown as accused No.2 in that case, itself is another chain circumstance linking the accused to the commission of offence.
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174.Bomb placed in Gokul chat bhandar which exploded on 25.08.2007
175.Riyaz Baktal A1 (absconding) who is shown as accused No.1 in this case is also involved in SC 3/2011) is also involved in SC 1/2011,
PW.3 – Vijay Kumar Yadav deposed that He has been working as Ice Cream Maker in Gokul Chat Bhandar, Koti, Hyderabad for the last 15 years. PW1, PW2, PW.4 and LW6 are the owners of Gokul Chat Bhandar.
PW.5 is relative of said owners. In the year 2007, on 25th, he do not remember the month, he was making IceCream in Gokul Chat Bhandar at about 7:30 PM, one person came to Gokul Chat and kept one bag on the Ice
Cream making Machine. He asked said person why he was keeping the bag. The said person did not give any answer and went to wash basin for clearing off his hands. After that, he was concentrating on his job. PW.3 further deposed that after 10 to 15 minutes he heard a big noise saying “Dhaam”. The said sound was very unbearable. After that he found that from the bag there was some blasting occurred and became very dark.
Several customers in the Gokul chat were sustained severe injuries. The person, who kept the bag on the Ice Cream Machine was in Wheatish colour. He can identify the said bag. MO1 is the same (similar) bag.
176.This witness was cross examined by the learned defence counsel and nothing was elicited to disbelieve as to the occurrence of blast and the person who kept the bag was having physical features viz., whitish colour.
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177.PW.5 – Naval Kishore Vijaywargi deposed on 2582007 at about 7:15 PM., himself and PW4 were talking each other nearby Ice
Cream Making Machine in Gokul Chat Bhandar, Koti, Hyderabad. During the said time, PW2 was sitting in the counter of Icecream and PW3 was making IceCream and also PW1 was in the inside counter. One person came inside the Gokul Chat by hitting his shoulders by carrying a black colour bag. He questioned the said person, why he was hitting him. He did not reply and he kept the bag on the IceCream making machine and he went to hand wash. The said person was wheatish colour and thin and with height of 5.7 “ feet. PW.5 further deposed that after 15 to 20 minutes, he heard that there was a heavy sound of bomb blast from the side of ice cream machine. PW.5 further deposed that he can identify the bag (MO 1), which was kept on the Ice Cream Making Machine and bomb blasting occurred from said bag(MO1). MO1 is the same bag. MO.1 is treated as similar bag as kept on the Ice Cream making Machine.
178.This witness was cross examined by the defence counsel and nothing was elicited to disbelieve his evidence with regard to occurrence of blast, receiving of injuries and death of persons and the person who kept the bag was having physical features viz., wheatish colour, having height of 5.7 feet.
179.PW.91 deposed that he is resident of Habsiguda,
Secunderabad. He is residing in Flat No.3, Banjara Nilayam, Habsiguda,
Secunderabad. In the month of February 2009, police officials came to their apartment along with two persons who are already known to them as 122SC 2/2011 Gokul Chat tenants in Flat No.302 as well as students in the year 2007. PW.34 Hari
Ram is the owner of the Flat No.302. He can identify the said two tenants who were brought by the police. Witness identified A3 (Akber Ismail
Chowdary) and A2 (Anik Shafiq Sayeed). A3 stayed in the apartment in the name of Vinod and A2 in the name of Satish.
180.PW.91 further deposed that the police questioned A2 and informed that he placed some materials in the duct of the apartment.
The duct was not easily accessible. Then A2 entered into the duct through one of the flats by removing one wooden frame ventilator and took out one plastic carry bag. The said bag contained several items ( The witness was shown MO.s 12 to 22 marked in SC.No.01/2011 which were identified as the same material and also identified the signatures on the slips). The police prepared the panchanama in their presence and he put his signature along with signature of PW.85 and other witnesses and accused. PW.91 further deposed that Police also seized Ex.P23 under a panchanama which is now marked as Ex.P35. PW.85 also signed along with him on
Ex.P3(marked by PW.34). During the stay of A3 and A2 in the year 2007 one or two persons used to visit frequently both . After two or three weeks, the police again visited to their apartments and shown 20 to 25 photographs and he identified one of the photographs as the person who was visiting frequently A3 and A2 during their stay and police told his name as Bhatkal (absconding accused No.1) but he does not remember his full name.
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181.This witness was cross examined by the defence counsel and it was suggested to him that he did not state to thepolice in his statement that during the stay of A3 and A2 in the year 2007 one or two persons used to vist frequently them and after two or three weeks the police again visited to their apartment and show 20 to 25 photographs and he identifed one of the photograph as the person who was visiting frequently A3 & A2 during their stay and police told his name as Bhatkal but he does not remember his full name. The said omission pointed out to PW.91 was not put to the
Investigating Officer PW.147 and so it is clear that the nexus between A1 one side with that of A2 & A3 is clearly established, and on the other side the involvement of A1 in the blast that occurred at Gokul Chat Bhandar.
182.PW.147 – V.N.V Satyanarayana deposed that he retired from service as Addl. S.P. Previously he worked as D.S.P., OCTOPUS from
July, 2008 to August, 2010. On 25082007 evening three bomb blasts occurred in Hyderabad i.e. Lumbini park, Gokul chat bhandar and
Dilsukhnagar foot over bridge (unexploded). Lumbini park blast case was registered by Saifabad police and Gokul chat blast case was registered by
Sultanbazar police and unexploded bomb case at Dilsukhnagar case was registered by Malakpet police. Subsequently all the three cases were transferred to CCS, Hyderabad where the three cases were reregistered and entrusted investigation to SIT. While these cases are under investigation in the month of December, 2007 the State Government of A.P. constituted 124SC 2/2011 Gokul Chat
OCTOPUS which is an organisation for counter terrorists operations.
PW.147 further deposed that on 30112008 he received CD files in Cr.
No.97/2007, 98/2007, 99/2007 of CCS/SIT pertaining to the three bomb blast cases from ACP B.Wilson (PW.135) through IGP, OCTOPUS. As per the instructions of IGP, OCTOPUS vide proceedings dt.25112008 he re registered Cr.No.97/2007 of CCS as Cr.No.1/2008 of OCTOPUS (Lumbini park blast case), Cr. No.98/2007 of CCS as Cr. No.2/2008 of OCTOPUS (unexploded bomb case) and Cr.No.99/2007 of CCS as Cr. No.3/2008 of
OCTOPUS (Gokul chat bomb blast case) and issued FIRs. Ex.P114 is the
FIR registered in Cr. No.1/2008, dt.30112008 pertaining to Lumbini park blast case. PW.147 further deposed that as per the instructions of IGP,
OCTOPUS he handed over the CD file vide Cr.No.2/2008 of OCTOPUS PS to Mr. C.Dayanand Reddy (LW.283) of OCTOPUS and Cr.No.3/2008 to
John Wesley (PW.140) further investigation. The said officers assisted him in the course of investigation in all the three cases. He taken up the investigation in Cr. No.1/2008 of OCTOPUS and perused the investigations done by previous I.Os. by perusing the CD files. PW.147 further deposed that on 09022009 as per the orders the Hon’ble Metropolitan Magistrate,
Hayatnagar, R.R.District conducted TIP of A2 Anik Shafiq Sayeed with the witnesses PW.92, PW.95 and LW.35 (expired). On 09022009 he filed a petition for grant of police custody in respect of above accused A1 & A2 for a period of 7 days. However police custody was granted from 09022009 to 12022009. Accordingly the accused of they were taken into police custody. PW.147 further deposed that on 10022009 he sent a requisition 125SC 2/2011 Gokul Chat to District Collector for deputing two officers to act as panchayatdars during investigation. On 11022009 he recorded the confessional statements of you the accused in the presence of mediators PW.97 and LW.222 and recorded the confessional statement of A2 Anik Shafiq Sayeed vide Ex.P47.
Thereafter he recorded the confessional statement of Akbar Ismail
Chowdary (A3) vide Ex.P148. During the proceedings under Ex.P147 and
P148, the signatures of mediators and accused were taken in the confessions. PW.147 further deposed that after recording the confessional statements of the accused No.2 and A3, they led them to Banjara Nilayam apartments, Street No.8, Vivekanandanagar, Habsiguda where A1 and A2 stayed during August, 2007. A2 Anik went to duct of the building at ground floor from flat No.1 and brought out one plastic cover in which
MOs.24 to 31 (MOs marked in SC. 1/2011), three electric detonators of
APEL company connected with fuse wire, Ex.P33 (ID card of A1 with name mentioned in Satish Gaikwad), Ex.P31A, Ex.P25. The said material objections and documents were seized in the presence of PW.97 and
LW.222. The said panchanama is Ex.P41. PW.147 further deposed that subsequent to the said recovery the A1 led them to flat No.302 where stayed earlier, which is in the same apartment complex. There the house owner Hari Ram (LW.34) was found from whom he collected the rental deed Ex.P2 under a panchanama which is Ex.P3. The said flat was in the name of Hari Ram’s daughter namely Vasudha. PW.147 further deposed that after the said proceedings you A3 Akbar Ismail Chowdary led them to the ground floor near the duct and opened a small door of an abonden 126SC 2/2011 Gokul Chat meter box and took out one cover, which cover contains Ex.P33 (photograph of Akbar and name was mentioned as Vinod Patil), Ex.P31B,
MO.13 to 22 (said MOs are marked in SC.1/2011). The said MOs and
Exhibits were seized under panchanama Ex.P35 in the presence of PW.3 and LW.126 and PW.91. The accused also signed in the said panchanama.
PW.147 further deposed that A2 Anik led them to Venkateshwara Cables located at premises bearing No.561/3A, Street No.8, Vivekanandanagar,
Habsiguda. There under a cover of panchanama, he seized customers payment details Ex.P26 and Ex.P27. He recorded the statement of PW.86.
According to the documents and as stated by A2, A2 has taken cable connection from PW.86. PW.147 further deposed that from there both the
A2 and A3 led them to Shiva Computers/Dhoom Technologies at Ameerpet where both of A2 and A3 joined in computer course. There PW.88 the owner was present who identified both of A2 and A3. From the possession of PW.86 he seized Ex.P30 enquiry form booklet in which the enquiry form of both of A2 and A3 were present which are Exs.P30A and P30B and
Ex.P31A and P31B. He secured the rubber stamp (MO.23 which was marked in SC. 1/2011) of Dhoom Technologies and seized in the presence of mediators under Ex.P34 panchanama. PW.147 further deposed that on 12022009 A1 Anik led them to Azizia lodge, Nampally bearing door No.5 8162, IInd floor. PW.48 the owner was present who identified A2 as the person who stayed for a period of one week during July, August, 2007. He seized the visitors register of Azizia lodge which is Ex.P36 where A2 made an entry at Sl.No.20 on 23072007. A panchanama was drafted under 127SC 2/2011 Gokul Chat
Ex.P28 in the presence of mediators and also recorded the statement of
PW.86. Thereafter he produced the accused before the court as police custody was completed. On further request, they were given to police custody till 13022009. PW.147 further deposed that on 16022009 he examined the shop owners and shop keeper where the accused No.2 & A3 purchased bags for placing bombs. He also examined PW.90, PW.89 and
LW.132. The said witnesses identified the accused No.2. PW.147 further deposed that on 18022009 he filed a petition for recording the statement of PW.122 U/Sec.164 of Cr.P.C. He also filed a petition before the court with a prayer to accord permission to take the specimen hand writings and signatures of A2 Anik before the court and directing A2 to give the specimen hand writings and signatures. On the same day he examined and recorded the statements of LW.133, PW.128 and LW.135. On 28.02.2009 as per the directions of the learned Magistrate, the specimen hand writings of A2 were taken in the court. PW.147 further deposed that he prepared letter of advice for comparison of signatures of A2 Anik with the signature on rental deed and also the register at Azizia lodge. The court forwarded to
FSL, the specimen hand writings and document for comparison. On 0703 2009 the material objects seized at Banjara Nilayam at the instance of both of A2 and A3 were deposited before the court with a request to forward the same for FSL examination. PW.147 further deposed that on 07032009 he filed requisition before the Hon’ble court for a direction to defuse and destroy the detonators seized at Banjara Nilayam at the instance of both of
A2 and A3 on 11022009. Accordingly the bomb disposal squad was 128SC 2/2011 Gokul Chat directed to destroy the detonators and filed a report. Ex.P117 (in SC 3/2011) is the report of Bhanu Murthy (PW.143) Bomb disposal expert who destroyed the detonators and gave the proceedings which is Ex.P117 (in SC 3/2011). The expert gave opinion that the detonators found on 11 022009 at the instance of both the A2 and A3 the explode due to flame, heat, friction, pressure and any explosion of the said detonators will damage around 10 meters from point of explode. On 09032009 the seized material i.e. rubber stamp, ID cards were sent to FSL. PW.147 further deposed that on 24032009 he along with Mahesh (LW284),
Inspector went to MCOCA Spl. Court and filed for issuance of transfer warrants of A5 Farooq Sharfuddin and you A6 Sadiq Israr Shaik. On 25 032009 both of A5 and A6 were produced before the court and remanded to judicial custody. On 26032009 he deposited the remnants of the defused and destroyed detonators pursuant to Ex.P117 (in SC 3/2011).
Ex.P29 is the Register of Aziza Lodge which was sent to FSL through I Addl.
Chief Metropolitan Magistrate, Hyderabad and after opinion the said
Register was sent to the said Court under acknowledgement. PW.147 further deposed that after receiving the sanction orders from the concerned authorities, charge sheets were filed. He deposited the properties and documents before the court. PW.147 further deposed that his investigation reveals that it was found that the the accused Anik Shafiq Sayeed (A2),
Akbar Ismail Chowdary (A3), Farooq Sharfuddin Tarkash (A5), Sadiq Israr
Ahmed Shaik (A6), Riyaz Batkal, Iqbal Batkal and Amir Raza Khan belong to the banned organization “Indian Mujahidin” (IM) in order to take 129SC 2/2011 Gokul Chat revenge for the Macca Masjid blast and in your motive to establish Islamic rule planned to carry out series of bomb blast at Hyderabad. Pursuant to the said planning Farooq (A5) sent Anik to his cousin PW.122. Farooq called PW.122 and informed that Anik whom PW.122 had met earlier when in Pune would visit Hyderabad and PW.122 had to help in Hyderabad.
Accordingly Anik came down to Hyderabad and contacted PW.122, PW.122 who was residing his friend LW133. Srinivas Reddy, PW. 128. Kalyan Kiran,
LW135. Jangam Mallikarjun at P & T colony, Dilsukhnagar received Anik and took him around Hyderabad, Anik stayed for two days with PW.122 and thereafter informing that he would leave to Pune, but went and stayed in Azizia lodge, Nampally. PW.147 further deposed that after that you rented the premises at Banjara Nilayam, Habsiguda and entered into a rental agreement with Hari Ram who is the father of the owner of flat
No.302 at Banjara Nilayam. Riyaz Batkal and A3 joined A2 at Banjara
Nilayam. During their stay at Banjara Nilayam and planning to carry out the explosions, both Anik and Akbar joined in Dhoom Technologies at
Ameerpet having made preparations for planting the bombs the required material and components were acquired/procured by the accused. PW.147 further deposed that he detonators were procured by (A1) Riyaz Batkal, the bags to place bomb, batteries etc. were purchased by A3 and Akbar, having assembled the bombs on 25082007 A2 Anik placed the bomb at Lumbini park where they were found by witnesses PW.92 and PW.95. Riyaz Batkal (A1 absconding) placed the bomb at Gokul chat Bhandar and the bomb was placed near foot over bridge at Dilsukhnagar by A3 Akbar Ismail 130SC 2/2011 Gokul Chat
Chowdary whose presence and placing the bag was seen by witnesses
PW.83 and PW.84. The bombs placed at Lumbini park and Gokul chat exploded resulting in 12 deaths at Lumbini park and 32 persons at Gokul chat and several persons were injured in both the places. However the bomb placed at Dilsukhnagar did not explode. PW.147 further deposed that after committing the crimes of planting the bombs, all the three accused Riyaz Batkal and both of A2 and A3 have absconded. The blast remnants which were sent to FSL opined that they contained ammonium nitrate which is an explosive substance, the material seized at the instance of both A2 and A3 at Banjara Nilayam also contained detonators which were later defused as they were explosives. The bomb placed by Akbar (A3) at Dilsukhnagar was also defused. The witnesses at Gokul chat bhandar who are the owners and customers have identified Riyaz Batkal as the person placing the bomb at Gokul chat bhandar.
183.This witness was cross examined by the learned counsel for the accused and nothing was elicited to disbelieve nexus between A1 to A3 in the blast that occurred at Lumbini Park placed by A2, Gokul Chat Bhandar placed by A1, and unexploded bomb at Dilsukhnagar planted by A3.
184.Blast remnants containing Ammonium nitrate (Evidence of U.
Rammohan, Explosive Expert )
185.PW.145 U. Ram Mohan deposed that he has been working as Incharge SP, Cyber Crimes, CID, Hyderabad since 2011. Previously he worked as Explosives Expert and Cyber Crime Expert in Forensic Science Laboratory (FSL) 131SC 2/2011 Gokul Chat from 1988 to 2008 except one year he worked in United Nations at Kosovo as
Forensic Chief. He studied M.Sc in Statistics and PGDCS as his education qualifications and was trained in the department on bombs and Explosives with institutions like Controller of Explosive, Border Security Force, National Security
Guards, New Scotland Yard Police U.K.
186.He further deposed that he defused more than a lakh bombs of different types including detonators and attended crime scenes of explosions in various states of India to process the crime scene and to identify the bombers signature which means the similarities identified with the bombs and exploded remnants and which will be compared to identify the type of bomb how it is manufactured whether it is improvised explosive devise or mixture of chemicals etc.
187.He deposed that on 25.08.2007 around 8.00 pm, he attended a crime scene wherein explosion has taken place in Lumbini Park area. Later, attended another crime scene in Gokul Chat around 10.30 pm and came across information related to one unexploded bomb defused in Malakpet Area. On 12.09.2007 their office received a sealed parcel in Crime No.255/2007 of PS
Malakpet with forwarding letter No. 1259/OW/MKPDIVN/2007, dt.26.08.2007.
Wherein 13 items of defused bomb were received which are marked as MO.s 1 to
11. The item No.3 and 3(A) of his opinion is destroyed by him in the interest of public safety. Ex.P169 is the report and opinion given by PW.99.
188.PW.145 further deposed that based on Ex.P169, he offered his opinion that the items coupled with chemical analysis report, item No.3 is 132SC 2/2011 Gokul Chat
Ammonium Nitrate emulsion explosive of ClassII, connected to ClassVI division – 3 electric detonators, items No. 5, 6 and 9 are related to clock mechanism with two wires connected to alarm buzzer, item No.s 7 and 8 are 9V flat batteries, item 4 metal balls, item No.2 a wooden box and item No.1 is a carry bag. The above items form an Improvised Explosive Device known as Time bomb in which chain of detonation includes, 1) Explosive Charge (item No.3), 2) Detonators, electrical (Item No.3(A)), 3) power source (Item No.7 and 8), 4) Clock
Mechanism (Item No.5, 6 and 9), 5) Container (Item No.2), 6) Metal Balls (Item
No.4), 7) bomb carrier (Item No.1), 8) bomb concealers (Item No.s 10, 11 and 13), 9) Explosive Wraper (Item No.12) (Items No.1 to 13 referred herein correspond to MO.s 1 to 11)
189.PW.145 further deposed that the above type of IED can endanger human life on explosion. The items are found to be similar mentioned in Ex.P169.
After he formed his opinion the same was approved and forwarded by Joint
Director, APFSL. His opinion forms part of Ex.P121 which is marked as Ex.P169
A. Ex.s P1 to P15 (original photos in SC No.1/2011) are the photographs of items received under items No.1 to 13 as mentioned in Ex.P169. PW.145further deposed that further received a sealed cardboard box on 11.09.2007 by their office in Crime No.97/2007, CCS, DD, Hyderabad with letter No. 97/CR/CCS,
DD/2007 dt.11.09.2007. MO.s 21 to 26 (marked in SC No.3/2011) were examined by chemical analysis department and forwarded the report to him for offering his opinion. He examined the items at crime scene in Lumbini Park on 25.08.2007, on the basis of material received in the office he offered his opinion in Ex.P170.
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190.PW.145 further deposed that his Opinion is Item No.s 1 to 5, 7 to 14 are affected by the explosion of Improvised Explosive Devise (Time bomb) in which chain of detonation includes Ammonium Nitrate Emulsion as explosive charge, electric detonator as initiator, metallic balls as splinters (Item No.2, 7a to 7f), container pieces (item No.7g, 5), clock mechanism (Item No.5), concealer (Item No.5), IED carrier, black colour bag pieces (item No.4), power source (Item
No.3). The above items are similar to the materials in our report CHE/378/2007 and CHE/386/2007 (Items No.1 to 14 referred herein are corresponding to MO.s 21 to 26.
191.Pw.145 further deposed that while he was in the Crime Scene at
Lumbini Park, information came that there was explosion in Gokul Chat also.
They rushed to the Crime Scene at Gokul Chat around 8.30 pm along with Clues
Team. On 06.09.2007 their office received sealed cardboard box in Crime
No.220/2007 of PS Sultan Bazar with letter No. 31/ACPSBR(D)/2006 and No.
220/CR/PSSBR/2007, dt.28.08.2007. The items No.1 to 35 mentioned in
Ex.P.44 correspond to MO.s 9 to 37 . His opinion is part of Ex.P44 Ex.P44A is the opinion forming part of Ex.P44.
192.PW.145 further deposed that his opinion is based on visit of crime scene and examination of above items found that item No.s 1 to 35 are affected by the explosion of Improvised Explosive Devise (time bomb) in which chain of detonation includes Ammonium Nitrate emulsion as explosive charge electric detonators as initiators metallic balls as splinters (Item No.s 2, 8), pieces of container clock mechanism (Item No.4), power source (item No.6) IED carrier bag 134SC 2/2011 Gokul Chat (Item No.1). The above materials are similar to the material in CHE/386/2007 and CHE/383/2007. Their FSL procedures, processes, equipment, expertise and
Administration is certified by National Board of Accreditation of Testing
Laboratories (ISO17025).
193.The learned defence counsel raised a contention that this expert the evidence of PW.145U. Ram Mohan @ Mohd. Moinuddin Hassan Khan is contrary to the evidence of PW.130 and two experts did not give any reasons and therefore their expert opinion cannot be considered. In the light of the above said contention, perusal of the expert opinion under
Ex.P44, the nature of examination and tests conducted and about physical examination of the material objects under chemical tests etc, are clearly stated , and report concludes that :
Based on his examination of material objects coupled with chemical analysis report he was of the opinion that
Item No.3 is Ammonium Nitrate emulsion explosive of classII, connected to classVI, div3 electric detonators, item No.s 5, 6 and 9 are clock mechanism with two wires connected to alarm buzzer, item No.s 7 and 8 are 9V flat batteries, item NO.4 metal balls, item No.2 is a wooden box and item No.1 is a carry bag.
The above items forms an Improvised Explosive Device (IED) known an Time bomb in which chain of detonation includes.
1Explosive ChargeItem No.3 2Detonators, electricalItem No.3A 3Power SourceItem No. 7 & 8 4Clock Mechanism (timer)Item No.s 5, 6 and 9 5ContainerItem No.2 6Metal Balls (splinters)Item No.4 7Bomb CarrierItem No.1 8Bomb ConsealersItem No.s 10, 11 and 13 135SC 2/2011 Gokul Chat 9Explosive wrapperItem No.12
The above type of IED can endanger human life on explosion. The chemical detonators in item No.s 3 and 3A are destroyed by him in the interest of public safety. The items in CHE/383/2007, CHE/378/2007 are found to be similar with above type of IED explosion. The photographs images the IED are given in AnnexureI.
Based on his visit to scene of offence along with City Clues Team on 2582007 about 10.30 pm and based on the above examination, He was of the opinion that item No.s 1 to 35 are affected by the explosion of
Improvised Explosive Devise (Time bomb) in which chain of detonation includes Ammonium Nitrate emulsion as explosive charge electric detonators as initiators metallic balls as splinters (item No.s 2, 8) pieces of container clock mechanism (item No.4), power source (item NO.6) IED carrier bag (item NO.1)
The above items are similar to the material in CHE/386/2007 and
CHE/383/2007 (in respect of material seized at Gokul Chat and
Dilsukhnagar).
194.The material seized at all four places viz., Gokul Chat, Lumbini Park,
Dilushknagar and Banjara Nilayama are similar and corresponding to each other.
Therefore there is no force in the contention of the learned counsel that there are no reasons given by the experts for giving their opinion.
195.Deaths of several persons and injuries at Lumbini park and
Gokul chat bhandar.
There is no dispute with regard to the death of the persons and receiving of injuries to the persons mentioned in the tables mentioned above, as discussed under Point No. I and II.
196.Arrest of accused in Mumbai cases for terror related offences :
PW.135 – B. Wilson deposed that he retired as DSP, Vigilance and
Enforcement Department, Kurnool in the year 2017. Previously he worked in SIT 136SC 2/2011 Gokul Chat as ACP from 31122007 to November, 2009. On 21012008 he took up investigation in Cr. No.97/2007, 98/2007 and 99/2007 on the memo of the then
DCP, DD he gone through the entire CD file and relevant documents which was handed over to him by Shaik Bahadur, ACP and found the investigation on correct lines. On 24092008 and on 25092008 he noticed news and print media and electronic media some terrorists were arrested by Mumbai police in their cases and some of them suspected to have involved in Hyderabad blast cases. On 06 102008 Joint CP, Crimes, Mumbai released a press statement that they have arrested terrorists in their cases and some of them are suspected to have involvement in Hyderabad blast cases. On 07102008 he along with his team i.e.
Inspector Madhukar Swamy and others proceeded to Mumbai for further investigation in this case. On 21102008 he met the addl. CP, Crimes, Mumbai and Addl. CP, Crimes, Mumbai handed over a letter to him mentioning four names of terrorists who are involved in Hyderabad blast cases and he addressed a letter to CP, Hyderabad i.e. Ex.P109 is the attested copy.
197.PW.135 further deposed that he submitted a requisition to
Addl. CP, Crimes, Mumbai to furnish the FIR and all other relevant documents of their case in which the accused were arrested i.e. Cr. No.152/2008 of Matunga
PS, Mumbai. After obtaining the FIR and other relevant documents he returned to
Hyderabad.
198.Intimation of Mumbai Police to Hyderabad about the alleged
involvement of accused in Hyderabad blasts and brining the accused from
Mumbai
199.PW.135 deposed that on 8.10.2008 Joint Commissioner of Police, 137SC 2/2011 Gokul Chat
Crimes, Mumbai released press statement that they have arrested terrorists in their cases and some of them are suspected have involved in Hyderabad blast cases. On 7.10.2008 he along with his team i.e, Inspector Madukhar Swamy and others proceeded to Mumbai for further investigation in this case. ON 21.10.2008 he met Addl.CP Crimes, Mumbai and Addl.CP crimes, Mumbai handed over a letter to him mentioning four names of terrorists who are involved in Hyderabad blast cases and he addressed a letter to Commissioner of Police, Hyderabad i.e,
Ex.P.109 attested copy.
200.PW.135 further deposed that On 24102008 he filed a requisition
before the XII ACMM, Hyd. along with FIR, remand report and other documents
of Cr. No.152/2008 to issue PT warrants against the accused Mohd.Akbar Ismail,
Mohd.Anik Shafiq Sayeed, Sadiq Israr Ahmed Shiak, Ansar Ahmed Badsha Shaik.
On 24102008 the XII ACMM returned his requisition as confessional statements of accused were not enclosed. PW.135 further deposed that on 03112008 he deputed Madhukar Swamy, Inspector (PW.84) and staff to proceed to Mumbai obtained the CC of confessional statements of accused persons in Cr.
No.152/2008. On 04112008 he received a fax message from ACP, DCB, CID,
Mumbai stating that the confessional statements submitted in Special Court under
MCOCA in a sealed cover and the said accused are lodged in Central Prison,
Arthur Road, Mumbai. Enclosing that fax message again he filed a requisition
before the XII ACMM for issuance of PT warrants against accused. On 10112008
PT warrants were issued by XII ACMM, on that day he addressed a letter to CP,
Hyderabad to provide escort party to proceed Mumbai to bring the accused.
201,At this stage, the learned counsel for the accused contended that without any material the present accused are involved in this case. The PT 138SC 2/2011 Gokul Chat warrant was issued without verifying the records of confessional statements of accused allegedly given by the accused to the Mumbai Police. It is settled law that PT warrant can be issued , if a prisoner lodged in one jail has to be taken to another city for enquiry, trial or other proceedings in another case, the court's permission is needed. The court gives what is called a Prisoner’s Transit warrant.
When this is shown at the jail by the police, the prison authorities hand them over to the police who take the prisoner, accused in another case/cases presented
before a judge in another city. In the present case on hand, the Court gave
permission under Ex.P163. Of course the confessional statements were not submitted because they were in sealed cover as per Section 19 of MCCOA , as per the version of the above witness. Therefore, there is no illegality in obtaining or issuing the PT warrant.
202.Confession of Anik Shafique Sayeed and Akabar Ismail
Chowdary and recovery
203.PW.97 deposed that on 10022009, their MRO informed him that he should go to Octopus Office at Begumet and meet DSP Satyanarayana. On 11 022009, accordingly he went to Octopus Office where seven police men, B.
Srinivas (LW.222), and three accused persons were in their custody. The accused confessed to have committed bomb blasts and informed them that he will take them to places where they stayed, studied and other places if the police accompany them. The witness identified the accused No3 (Akber Ismail
Chowdary) and Accused No.2 (Aniq Shafiq Sayyed) as the two accused who were in the Octopus Office.
204.PW.97 further deposed that accordingly, a panchanama was drafted 139SC 2/2011 Gokul Chat and whatever the accused stated was typed and printouts were taken. Himself, his colleague V. Srinivas (LW.222), DSP and the accused signed in the said panchanama. Ex.P.39 is the above admissible portion
205. PW.97 deposed that after recording the confessional statements of both of the accused No.1 and 2, the accused led them to Banjara Nilayam apartments, Street No.8, Vivekanandanagar, Habsiguda where they stayed during
August, 2007.
206.PW.97 deposed that both the accused led them to Banjara Nilayam at Kachiguda, St. No. 8 and informed them that they stayed in Flat No. 302 in the apartment building.
207 PW.147 deposed that after recording the confessional statements of the accused No.2 and A3, they led them to Banjara Nilayam apartments, Street No.8, Vivekanandanagar, Habsiguda where A1 and A2 stayed during August, 2007. A2 Anik went to duct of the building at ground floor from flat No.1 and brought out one plastic cover in which
MOs.24 to 31 (MOs marked in SC. 1/2011), three electric detonators of
APEL company connected with fuse wire, Ex.P33 (ID card of A1 with name mentioned in Satish Gaikwad), Ex.P31A, Ex.P25. The said material objections and documents were seized in the presence of PW.97 and
LW.222. The said panchanama is Ex.P41. PW.147 further deposed that subsequent to the said recovery the A1 led them to flat No.302 where stayed earlier, which is in the same apartment complex. There the house 140SC 2/2011 Gokul Chat owner Hari Ram (LW.34) was found from whom he collected the rental deed Ex.P2 under a panchanama which is Ex.P3. The said flat was in the name of Hari Ram’s daughter namely Vasudha. PW.147 further deposed that after the said proceedings you A3 Akbar Ismail Chowdary led them to the ground floor near the duct and opened a small door of an abonden meter box and took out one cover, which cover contains Ex.P33 (photograph of Akbar and name was mentioned as Vinod Patil), Ex.P31B,
MO.13 to 22 (said MOs are marked in SC.1/2011). The said MOs and
Exhibits were seized under panchanama Ex.P35 in the presence of PW.3 and LW.126 and PW.91. The accused also signed in the said panchanama.
PW.147 further deposed that A2 Anik led them to Venkateshwara Cables located at premises bearing No.561/3A, Street No.8, Vivekanandanagar,
Habsiguda. There under a cover of panchanama, he seized customers payment details Ex.P26 and Ex.P27. He recorded the statement of PW.86.
According to the documents and as stated by A2, A2 has taken cable connection from PW.86. PW.147 further deposed that from there both the
A2 and A3 led them to Shiva Computers/Dhoom Technologies at Ameerpet where both of A2 and A3 joined in computer course. There PW.88 the owner was present who identified both of A2 and A3. From the possession of PW.86 he seized Ex.P30 enquiry form booklet in which the enquiry form of both of A2 and A3 were present which are Exs.P30A and P30B and
Ex.P31A and P31B. He secured the rubber stamp (MO.23 which was marked in SC. 1/2011) of Dhoom Technologies and seized in the presence of mediators under Ex.P34 panchanama. PW.147 further deposed that on 141SC 2/2011 Gokul Chat 12022009 A1 Anik led them to Azizia lodge, Nampally bearing door No.5 8162, II floor. PW.48 the owner was present who identified A2 as the person who stayed for a period of one week during July, August, 2007. He seized the visitors register of Azizia lodge which is Ex.P36 where A2 made an entry at Sl.No.20 on 23072007. A panchanama was drafted under
Ex.P28 in the presence of mediators and also recorded the statement of
PW.86. Thereafter he produced the accused before the court as police custody was completed. On further request, they were given to police custody till 13022009. PW.147 further deposed that on 16022009 he examined the shop owners and shop keeper where the accused No.2 & A3 purchased bags for placing bombs. He also examined PW.90, PW.89 and
LW.132. The said witnesses identified the accused No.2. PW.147 further deposed that on 18022009 he filed a petition for recording the statement of PW.122 U/Sec.164 of Cr.P.C. He also filed a petition before the court with a prayer to accord permission to take the specimen hand writings and signatures of A2 Anik before the court and directing A2 to give the specimen hand writings and signatures. On the same day he examined and recorded the statements of LW.133, PW.128 and LW.135. On 28.02.2009 as per the directions of the learned Magistrate, the specimen hand writings of A2 were taken in the court. PW.147 further deposed that he prepared letter of advice for comparison of signatures of A2 Anik with the signature on rental deed and also the register at Azizia lodge. The court forwarded to
FSL, the specimen hand writings and document for comparison. On 0703 2009 the material objects seized at Banjara Nilayam at the instance of both 142SC 2/2011 Gokul Chat of A2 and A3 were deposited before the court with a request to forward the same for FSL examination. PW.147 further deposed that on 07032009 he filed requisition before the Hon’ble court for a direction to defuse and destroy the detonators seized at Banjara Nilayam at the instance of both of
A2 and A3 on 11022009. Accordingly the bomb disposal squad was directed to destroy the detonators and filed a report. Ex.P117 (in SC 3/2011) is the report of Bhanu Murthy (PW.143) Bomb disposal expert who destroyed the detonators and gave the proceedings which is Ex.P117 (in SC 3/2011). The expert gave opinion that the detonators found on 11 022009 at the instance of both the A2 and A3 the explode due to flame, heat, friction, pressure and any explosion of the said detonators will damage around 10 meters from point of explode. On 09032009 the seized material i.e. rubber stamp, ID cards were sent to FSL. PW.147 further deposed that on 24032009 he along with Mahesh (LW284),
Inspector went to MCOCA Spl. Court and filed for issuance of transfer warrants of A5 Farooq Sharfuddin and you A6 Sadiq Israr Shaik. On 25 032009 both of A5 and A6 were produced before the court and remanded to judicial custody. On 26032009 he deposited the remnants of the defused and destroyed detonators pursuant to Ex.P117 (in SC 3/2011).
Ex.P29 is the Register of Aziza Lodge which was sent to FSL through I Addl.
Chief Metropolitan Magistrate, Hyderabad and after opinion the said
Register was sent to the said Court under acknowledgement. PW.147 further deposed that after receiving the sanction orders from the concerned authorities, charge sheets were filed. He deposited the properties and 143SC 2/2011 Gokul Chat documents before the court. PW.147 further deposed that his investigation reveals that it was found that the the accused Anik Shafiq Sayeed (A2),
Akbar Ismail Chowdary (A3), Farooq Sharfuddin Tarkash (A5), Sadiq Israr
Ahmed Shaik (A6), Riyaz Batkal, Iqbal Batkal and Amir Raza Khan belong to the banned organization “Indian Mujahidin” (IM) in order to take revenge for the Macca Masjid blast and in your motive to establish Islamic rule planned to carry out series of bomb blast at Hyderabad. Pursuant to the said planning Farooq (A5) sent Anik to his cousin PW.122. Farooq called PW.122 and informed that Anik whom PW.122 had met earlier when in Pune would visit Hyderabad and PW.122 had to help in Hyderabad.
Accordingly Anik came down to Hyderabad and contacted PW.122, PW.122 who was residing his friend LW133. Srinivas Reddy, PW. 128. Kalyan Kiran,
LW135. Jangam Mallikarjun at P & T colony, Dilsukhnagar received Anik and took him around Hyderabad, Anik stayed for two days with PW.122 and thereafter informing that he would leave to Pune, but went and stayed in Azizia lodge, Nampally. PW.147 further deposed that after that you rented the premises at Banjara Nilayam, Habsiguda and entered into a rental agreement with Hari Ram who is the father of the owner of flat
No.302 at Banjara Nilayam. Riyaz Batkal and A3 joined A2 at Banjara
Nilayam. During their stay at Banjara Nilayam and planning to carry out the explosions, both Anik and Akbar joined in Dhoom Technologies at
Ameerpet having made preparations for planting the bombs the required material and components were acquired/procured by the accused. PW.147 further deposed that he detonators were procured by (A1) Riyaz Batkal, the 144SC 2/2011 Gokul Chat bags to place bomb, batteries etc. were purchased by A3 and Akbar, having assembled the bombs on 25082007 A2 Anik placed the bomb at Lumbini park where they were found by witnesses PW.92 and PW.95. Riyaz Batkal (A1 absconding) placed the bomb at Gokul chat Bhandar and the bomb was placed near foot over bridge at Dilsukhnagar by A3 Akbar Ismail
Chowdary whose presence and placing the bag was seen by witnesses
PW.83 and PW.84. The bombs placed at Lumbini park and Gokul chat exploded resulting in 12 deaths at Lumbini park and 32 persons at Gokul chat and several persons were injured in both the places. However the bomb placed at Dilsukhnagar did not explode. PW.147 further deposed that after committing the crimes of planting the bombs, all the three accused Riyaz Batkal and both of A2 and A3 have absconded. The blast remnants which were sent to FSL opined that they contained ammonium nitrate which is an explosive substance, the material seized at the instance of both A2 and A3 at Banjara Nilayam also contained detonators which were later defused as they were explosives. The bomb placed by Akbar (A3) at Dilsukhnagar was also defused. The witnesses at Gokul chat bhandar who are the owners and customers have identified Riyaz Batkal as the person placing the bomb at Gokul chat bhandar.
208.This witness was cross examined by the learned counsel for the accused and nothing was elicited to disbelieve nexus between A1 to A3 in the blast that occurred at Lumbini Parkn placed by A2, Gokul Chat
Bhandar placed by A1, and unexploded bomb at Dilsukhnagar planted by 145SC 2/2011 Gokul Chat
A3.
209.This witness was cross examined by the learned counsel for the accused he stated that original document under Ex.P29 (Azizia lodge register) was directly sent to FSL from Court and after examination also from FSL it was sent to
Court directly and he filed original document pertaining to Ex.P29 in the Court.
One Murali Krishna owner of Dhoom Technologies scribed and signed Ex.P32A,
Ex.P32 B and fee receipt. He denied suggestion that Ex.P33 is the photo affixed on round seal on the ID card and thereby fabricated the identity card under
Ex.P33. He admitted that one Vasuda is the daughter of Hari Ram, the GPA holder of Flat No.302, Banjara Nilayam and that he did not collect the GPA and he did not examine the said Vasuda and that there are no signatures of either parties on the rental deed Ex.P2 on first three pages and that the signatures are made in the middle of the page No.4 towards right side of Ex.P2 which are marked as Q4 and Q.5 him as red circle but denied suggestion that Ex.P2 is fabricated document created for purpose of this case. He admitted that he did not file any document that Indian Mujahiddin Organisation showing it as terrorist banned organized but denied suggestion that the accused do not belong to the said organisation doing illegal activities. He denied suggestion that he added the name of Anik in Ex.P2 and that no name by Shiva Computers and Dhoom Technologies exists.
210,PW.85 deposed that previously he used to reside in Flat No.301,
Banjara Nilayam Apartments, Habsiguda, Secunderabad from 1998 to 2010. Flat
No.302 is in front of their apartment and it belongs to G.Hari Ram (PW.34). On 11.02.2009 while he was in his house, one person came and introduced himself as
DSP and he brought two persons along with other police personnel and others.
Their names are Satish and Vinod who were earlier resided in the opposite flat.
146SC 2/2011 Gokul Chat
The witness identified A2 (Anik Shafiq Sayeed) as Satish and also identified A3 (Akbar Ismail Chowdary) as Vinod.
211.PW.85 deposed that the DSP brought one box after A3 showed the same in the duct of the building. The said box containing one black colour polythene bag, one kerchief, timer, detonator and some other items. He can identify the said items which are marked as Mos. 12 to 22. Ex.P22 is the copy of identity card which was in the polythene bag bearing the photograph of A3 pertaining to Dhoom Technologies. The said identity card is in the name of Vinod
Patil and he signed on the back of Ex.P23 as proof of seizure in his presence.
Ex.P2 is the rental deed seized in his presence from the house owner of Flat
No.302 by name Hari Ram under a panchanama. He signed on the original rental deed as proof of seizure in his presence. Ex.P P24 is the copy of original fee receipt of Dhoom Technologies in the name of Vinod Patil. The panch slip attached to Ex.P24 contains his signature along with other signatures.
212.In the cross examination, he stated that the opening of the duct is on the terrace. The duct is 6/2 feet or 6/3 feet. The duct is access to every bathroom of flats. Mos. 12 to 22 in SC 1/2011 similar items may be available in the market.
He cannot say Mos. 12 to 22 are unused items. He stated that for entering into the duct it is necessary to use one instrument called Jula and he do not remember whether Jula was brought by the police on that day. He did not remember how
Akbar Ismail Chowdary went into the duct. He was available at the time of panchanama.
213.PW.91 deposed that he is resident of Habsiguda, Secunderabad. He is residing in Flat No.3, Banjara Nilayam, Habsiguda, Secunderabad. In the 147SC 2/2011 Gokul Chat month of February 2009, police officials came to their apartment along with two persons who are already known to them as tenants in Flat No.302 as well as students in the year 2007. LW.57 Hari Ram is the owner of the Flat No.302. He can identify the said two tenants who were brought by the police.A3 (Akber Ismail Chowdary) and A2 (Anik Shafiq Sayeed). A3 stayed in the apartment in the name of Vinod and A2 in the name of Satish. `PW.52 further deposed that the police questioned A2 and A2 informed that he placed some materials in the duct of the apartment. The duct was not easily accessible. Then
A2 entered into the duct through one of the flats by removing one wooden frame ventilator and took out one plastic carry bag. The said bag contained several items ( The witness was shown MO.s 12 to 22 marked in SC.No.01/2011 which were identified as the same material and also identified the signatures on the slips). The police prepared the panchanama in their presence and he put his signature along with signature of PW.85 and other witnesses and accused.
214.PW.91 further deposed that Police also seized Ex.P23 under a panchanama which is marked as Ex.P35. PW.42 also signed along with him on
Ex.P3. During the stay of both A2 and A3 in the year 2007 one or two persons used to visit frequently. After two or three weeks, the police again visited to their apartments and shown 20 to 25 photographs and he identified one of the photograph as the person who was visiting frequently both A1 and A2 during their stay and police told his name as Bhatkal but he do not remember his full name.
215.In the cross examination, this witness denied suggestion that he did not state to the police that A3 entered into the duct through one of the flats by 148SC 2/2011 Gokul Chat removing one wooden frame ventilator and took out one plastic carry bag and further denied suggestion that he did not state to police in his statement that during the stay of A3. & A2 in the year 2007 one or two persons used to visit them frequently and after two or three weeks, police again visited to their apartments and shown 20 to 25 photographs and he identified one of the photographs as the person who was visiting frequently A3 & A2 during their stay and police told his name as Bhatkal but he did not remember his full name.
216.PW.126 deposed that in the month of February 2009 some police persons along with said two persons namely Vinod and Satish came to their apartment. He identified the said persons A3 (Akber Ismail Chowdary) and
A2(Anik Shafiq Sayeed) as the Vinod and Satish respectively. He stated that
Police asked A2 upon which A2 went into the duct room upon to sky of the building and removed one polythene bag containing some items which he can identify. (The seals (sealed with tape) put by FSL to the material objects are opened in the open Court). MO.24 is one black colour multi HRC tester meter.
MO.25 is the Prince make time piece with black and white wires without battery.
MO.26 is one broken time piece attached to battery connector with the help of red and orange wires. MO.27 is the Insulation Tape (black in colour). MO.28 is the 9
Volt battery. MO.29 is the Green Colour tester. MO.30 is multi meter checking cords red and black in colour. MO.31 is one serial testing bulb with blue and purple wires. MO.s 24 to 31 contain panch slips (the MOs.24 to 31 are marked in
SC. 1/2011 which were shown to him during chief examination). He along with
other witnesses signed on all the slips. Ex.P146 is the photo copy of seizure panchanama prepared in their presence and signed by him, Satish and other two panch witnesses and also A2.
149SC 2/2011 Gokul Chat
217.PW.70 further deposed that around two weeks thereafter, police personal came to their apartment and shown around 20 to 25 photographs. One of the photograph was of the person who stayed along with both of A2 and A3 in the said flat. The name of the said person was informed as Ryiaz Bhatkal. He can identify the said person if shown to him. Both of A2, A3 and said Ryiaz Bhatkal stayed for one or two weeks and were not to be seen after the bomb blast that occurred at Lumbini park and Gokul Chat.
218.In the cross examination, this witness stated that he saw the accused persons and also another person first time in the year 2007 and after 2009 again he saw the accused in the Court during his chief examination.
219.PW.97 deposed that the accused also took them to the Flat No. 302 where the accused stayed during August 2007. Where the house owner Hari Ram was present and he identified both of A2 and A3 as his tenants. The said owner produced rental deed which was signed by the accused which is Ex.P.2 (xerox copy of rental deed). The proceedings were drafted under Ex.P.35 seizure panchanama containing his signature, his colleague, house owner Hari Ram and one inmate PW. 91. The accused A2 also signed at the bottom of the seizure panchanama. The accused led them to Venkateswara Cables Office nearby the house where the owner identified A2 as the person who had taken cable connection. Ex.P.26 note book was seized under a cover of panchanama which is
Ex.P.27. Himself, his colleague, the owner Krishna signed on the panchanama
Ex.P. 27. The accused of (A1) also signed at the bottom of Ex.P. 27. He further deposed that from Venkateswara Cables Office, the accused led them to
Dhoom Technologies situated at Ameerpet having informed that they studied in 150SC 2/2011 Gokul Chat the said institute. There the owner PW. 88 was present. At the instance of police,
Pw. 88 handed over rubber stamp. (which is marked as MOs. 23 in SC No. 1 of 2011) and Exs P. 30 to P. 32. PW. 88 also identified the ID Cards of both the accused No.2 and A3 said to have been provided by the Institute on their joining.
All the said exhibits under P. 30 to P. 32 and rubber stamp were seized under a panchanama which is Ex.P. 34. Ex.P. 34 was signed by himself, his colleague,
182.In the cross examination, this witness denied suggestion that no material objects seized at the instance of the accused.
220.The confession and seizures made in this case are tabulated as
Table No.4, mentioned below:
(Table No.4)
Panch witnesses for Confession cum Seizure Panchanama: Sl.Name of theEx. No.sSeizure No.panch witness 1PW.97, PanchEx.P39Original I will show the flat where we witness for A2marked) confessionalstayed in Habsiguda and also the & A3statement recordedplace where I disposed the at Begumpet Octopuspolythene cover which contains the office on11.02.2009remnants of the material. I will at 7.00 amalso show the office of the cable operator where I took the cable connectionandDhoom Technologies at Ameerpet, where we took the admission for Computer Course. I will also show the shops where I purchased the batteries, portable colour T.V and Cell phone and also the shops where I sold the colour T.V and the cell phone after the blasts. Ex.P40(OriginalI will show the place where I marked) confessiondisposed the brief case containing statement Recordedthe polythene cover which contains at Begumpet Octopusthe remnants of the material. I will office on 11.02.2009also show the Dhoom Technologies at 9.15 amat Ameerpet where we took admission for the computer course. Ex.P41seizure1) one prince time piece with blue panchanamaand white frames with black and 151SC 2/2011 Gokul Chat (Original marked)white wires (MO.25),
2) one black colour multi HRC Seizure at opentester meter (MO.24), terrace in Banjara3) multimeter checking cards Nilayam, Habsiguda(MO.30) at the instance of4) one green colour tester with Aniq on 11.02.2009yellow sleeve (MO.21) at 12.50 pm5) one broken time piece (MO.26)
6) one 9V HW battery (MO.7)
7) 9V Battery (MO.28)
8) one serial testing bulb (MO.31)
9) one black colour insulin tape (MO.27)
10) three electric detonators (destroyed)
11) identity card of Aniq (Ex.P33) (xerox copy)
12) fee receipt No. 186 of Dhoom Technologies in the name of Satish Gaikwad Patil for Rs.2,500/ (Ex.P31A)(Xerox copy)
13)customercardof Venkateshwara Cables in the name of Satish seized from A1 at Banjara Nilayam street No.8, Vivekananda Nagar, Habsiguda (Ex.P25) (Xerox copy) (this original items are marked in
SC No.1/2011)
Ex.P2 is the copy of rental deed seized at Banjara Nilayam under the cover of panchanama Ex.P3 on 11.02.2009 at 1.20 pm Ex.P36seizure1) Identity card of Akbar (Ex.P23) panchanama(Xerox copy) (Certifiedcopy2) fee receipt No. 187 of Dhoom marked)Technologies in the name of Vinod Patil for Rs.2,500/ (Ex.P31B) Seizure at ground(Xerox copy) floorBanjara3) blue colour front frame with dial Nilayam, Habsigudaand glass of prince quartz watch at the instance of(MO.13) Akbar on 11.02.20094) working parts of quartz watch at 1.50 pmwith two white wires (MO.14)
5) working parts of quartz watch with two black wires (MO.15)
6) green colour tester (MO.29)
7) one circuit clock of SAMAI (MO.17)
8) battery connector with black and 152SC 2/2011 Gokul Chat red wires (MO.18)
9) battery connector with black and brown wires (MO.19)
10) one electric detonator (destroyed) with white wires
11) one orange and black colour paper cutter (MO.22)
12) one old lady white hand curchies with red stains
13) black colour insulation tape seized from A2 (MO.27) (this original items are marked in
SC No.1/2011)
Ex.P28(CertifiedVenkateshwara Cable book seized copy marked) seizedat the instance of A2 at Street on 11.02.2009 atNo.8,VivekanandaNagar, 02.25 pmHabsiguda, Hyderabad. (Ex.P26) (Xerox copy) (this original items are marked in
SC No.1/2011)
Copy of Enquiry form Booklet (Ex.P30), Copy of Fee Receipt Book (Ex.P31) and Rubber Stamp (MO.23 in SC No.1/2011) were seized at Dhoom Technologies, Ameerpet from PW.11 on 11.02.2009 at 4.00 pm
Ex.P29 copy of Register of Azizia lodge at Nampally seized under Ex.P28 panchanama (Xerox copy) from PW.10 on 12.02.2009 at 11.40 am 2(PW.127)Ex.P147 confessionRelevant portion of confessional statementstatement of Aniq that now I show (Xerox copy marked)the place where I purchased the on 16.02.2009 atbatteries that were used in 7.00 amImprovised Explosive, portable colour T.V, cell phone and sim card. I will also show the shops where I sold the colour TV and the cell phone after the blasts. (Octopus Office at Begumpet) Ex.P148 confessionRelevant portion of confessional statementstatement of Akbar that now I will (Xerox copy marked)show the shop, where I purchased on 16.02.2009 atthe bag that was used for keeping 9.10 amthe bomb at Dilsukhnagar.
153SC 2/2011 Gokul Chat
221.Perusal of the said table coupled with the evidence of prosecution witnesses and the documents, it goes to show that pursuant to the confession made by the accused the above said items were recovered at the places mentioned in the above said table. The evidence of panchas viz. Pws.97 and 127 is well corroborated by the evidence of Investigating Officers. At this stage, the learned counsel for accused vehemently contended that the local panchas have to be secured under Section 100(4) Cr.P.C and in the present case the panchas viz.,
PWs.97 and 127 are from Secunderabad, and seizure took place at Habsiguda.
Begumpet..
222.Added to this, the learned Special Prosecutor relied upon a decision reported in 1998 CRI. L. J. 1638 SUPREME COURT, that:
“In the State of Maharashtra v. P.K. Pathak, AIR 1980 SC 1224:
(1980 (2) SCC 259), the witnesses of the search were the custom officials themselves. The High Court held that as no independent witness of the locality was taken by the custom authorities to witness the search, no reliance could be placed on the searches or the recovery of the smuggled articles. The High Court also rejected the evidence of lone nonofficial witness on the ground that he was not a witness of the locality and on the ground that he had assented to accompany the police and custom officials to witness the various recoveries wherever he was taken by the police. Disapproving the view of the High Court of
Bombay, this Court held that the fact that they were custom officials would be no ground to distrust their evidence; so also the fact that the nonofficial witness was approached by the police and the custom authorities to accompany them to witness the search would not by itself shown that he was an unreliable or interested witness. Observing that his evidence was corroborated by the police officer of the rank of
SubInspector, this Court held that his evidence ought to be believed. It may be noted that the evidence of the witness of search was accepted 154SC 2/2011 Gokul Chat notwithstanding the fact that he was not of the locality where the search took place and notwithstanding the fact that he was brought by the police along with them for the purposes of search. The evidence, however, can be rejected if it suffers from any serious infirmities or if there is any inherent inconsistency in the testimony. If there is intrinsic merit in the evidence of the witness of search the same cannot be rejected solely on the ground that witness is not from the locality of search or that he was brought by the police with it. We are not persuaded to accept the contention that the evidence of Nandu
Ambadas Jadhav (PW.6) cannot be accepted for the reasons that he was not a witness of the locality and that he was brought from Pune by the investigating Officer to witness the search. He was one of the drivers of the cars in which the investigating team came to Bombay from Pune. For the sake of convenience, he was taken as a witness for search. We do not find any material in the crossexamination to discredit his testimony. The only ground of attack on the evidence of
PW.6 that he was not from the locality as contemplated under sub section (4) of Section 100, Cr.P.C fails because in our view a witness of search other than the one from the locality even if he has been brought by the investigating agencies along with them cannot be disbelieved only on that ground and we do not find anything in his evidence to discredit his testimony.”
223.Even otherwise, perusal of record show that PW.97 is MRO of the
Secunderabad area. He is a local panch witness and can act as panch witness.
The prosecution followed the procedure laid down under Section 100(4) Cr.P.C.
Moreover, PW.85 was previous resident of the Banjara apartment where seizure took place and he also deposed in support of the case of the prosecution. PW.52 resident of Banjara Apartment also supported the same. PW.126 is resident of
Banjara Nilayama and he too supported the seizure. So, there is no force in the contention of the defence that the witnesses are not local witnesses.
155SC 2/2011 Gokul Chat
224.Confession made to PW122 by accused corroborating the facts discovered at the instance of accused.
i) PW122 visiting Farooq Sharfuddin Tarkash (A5) and staying with him.
ii) Farooq Sharfuddin Tarkash (A5) introducing Anik Shafique
Sayeed (A2) and Akbar Ismail chowdary (A3) to PW122 at Pune.
Iii) Farooq sharfuddin Tarkash(A5) requesting PW122 to help Anik
Shafique Sayeed (A2) who was coming to Hyderabad.
iv Anik Shafique Sayeed (A2) having taken the help of PW66 stayed
back in Hyderabad without intimation to PW122.
225.PW.122 deposed that during September or October, 2007, he went to Pune to finalize his marriage with his cousin. He stayed for 1 or 2 days at Pune and during that time he met Farooq (A5), Anik (A2) and Akber (A3) in the evening and during discussions, A2 Anik told him that after leaving Dilsukhnagar he did not come back to Pune. He said that was he aware about the blasts that happened in Lumbini Park and Gokul chat bhandar. PW.66 replied that the whole world knows about it. Then all of them, A5, A2 and A3 told that the blasts were carried out by them for taking revenge with respect to Macca Masjid blast. They all further informed that Anik (A2) and Akber (A3) took a room in Hyderabad, stayed there and planned and accordingly executed the bombing. A1 Anik further informed that Akber (A3) and also one person by name Riyaz Batkal(A1) joined them at Hyderabad for execution of the said bombing.
226.PW.122 further deposed that he was frightened for the reason of A2
Anik coming to Hyderabad and taking his help at the instance of Farooq (A5).
When A2 Anik came to Hyderabad or when Farooq (A5) called, he did not know 156SC 2/2011 Gokul Chat about their intentions. He immediately came to Hyderabad and did not reveal anything.
227.PW.122 further deposed that during 2009 he was called by SIT police for the purpose of investigation and A1 Anik was in their custody. In the process of investigation, he was questioned at Hyderabad and also at Mumbai and his statement was recorded for 2 or 3 times.
228.The learned counsel for the accused strenuously argued that the evidence of PW.122 is full of omissions and contradictions and he has not given any reason why the accused allegedly informed about the blast claiming the responsibility and even this witness did not give any proper reason why he approached the accused who are residents of far away place. And further contended that the persons who confessed before him are not close to him and this witness kept quiet for two years without informing anybody about the alleged statement to anybody without there being any threat by the accused and hence his evidence cannot be considered. He also relied upon the following citations:
229. (2011) 10 SUPREME COURT CASES 165 Pancho Vs. State of
Haryana
Extra Judicial Confession is weak evidence. Courts look for corroboration from other evidence, whether there are other cogent circumstances on record to support it. Extra – judicial confession made by A1 give months after incident to PW.4, exmember of Panchayat at a distance of 35 to 40 km away from his village. No evidence available that A1 and PW.4 knew each other intimately. A1 denied
before court that he made any such statement. Extra – judicial confession, held,
not credible
230. AIR 1975 SUPREME COURT 258 The State of Punjab Vs. Bhajan 157SC 2/2011 Gokul Chat
Singh and others, wherein it was held as under:
The evidence of extra judicial confession in the very nature of things is a weak piece of evidence. Suspicion, by itself however strong it may be, is not sufficient to take place of proof and warrant a finding of guilt of accused.
231. 2006 CRI.L.J. 4126 Srikanth and Anr. etc Vs. State
Confession reportedly given, unreliable and untrustworthy. It is totally unsafe to rely upon such doubtful version to return a verdict of conviction
195.Per contra, the learned Public Prosecutor relied upon the following citations:
232. Sole basis of extrajudicial confessions:It was held in (1985) 1 Supreme Court Cases 505 between State of U.P Vs. M.K.
Anthony, that:
“If the evidence about extrajudicial confession comes from the mouth of witness/witnesses who appear to be unbiased, not even remotely inimical to the accused, and in respect of whom nothing is brought out which may tend to indicate that he may have a motive for attributing an untruthful statement to the accused, the words spoken to by the witness are clear, unambiguous and unmistakably convey that the accused is the perpetrator of the crime and nothing is omitted by the witness which may militate against it, then after subjecting the evidence of the witness to a rigorous test on the touchstone of credibility, if it passes the test, the extrajudicial confession can be accepted and can be the basis of a conviction. In such a situation to go in search of corroboration itself tends to cast a shadow of doubt over the evidence. If the evidence of extrajudicial confession is reliable, trustworthy and beyond reproach the same can be relied upon and a conviction can be founded thereon.”
233.It was held in (1992) 3 Supreme Court Cases 204 between Madan
Gopal Kakkad Vs Naval Dubey and another, that:
“20. Though it is not necessary for us to enter upon a reappraisal or appreciation of the evidence since the findings of fact of the High Court have not been challenged, yet we after most 158SC 2/2011 Gokul Chat carefully and closely scrutinizing the galaxy of the proven facts, have no hesitation in agreeing with the High Court that the extra judicial confession made by the respondent which is not shown to have been obtained by coercion, promise of favour or false hope etc., is plenary in character and voluntary in its nature acknowledging his guilt.”
234.It was held in 2018 (2) ALD (Crl.) 326 Boya Akuthota Nagaraju Vs.
State and another
Extra Judicial confession, if inspires confidence of the Court and the true version of the accused is mentioned in extra judicial confession, conviction can be recorded, if corroborated by other circumstances. But, extra judicial confession itself alone cannot form the basis for conviction and such conviction is illegal. Before touching evidentiary value of extra judicial confession, the court must look into various circumstances like prior acquaintance with the person to whom the accused allegedly gave statement and whether it is voluntary in nature.
From the law declared by the Apex Court in various judgments referred supra, the following guidelines emerged for deciding the evidentiary value of extra judicial confession and rely on such confession to record conviction of the accused:
1) An extrajudicial confession to be admissible in evidence and one to be relied upon must fulfil the requirements of its voluntary character and truthfulness. The latter turns to be more important and the former is read from it in cases of retracted extrajudicial confessions.
2) It is required to be established from the fact and evidence produced as to whether the accused did make the extrajudicial confession or not.
3) The inculpatory statement, when separated from the exculpatory statement of the accused, must constitute the confession when tested on the requirements of Section 4.
4) The veracity of the extrajudicial confession is read from the credibility of the persons to whom made, the circumstances in which made and the explanations of the delay between the receipt of confession by a person and its transmission to the police.
5) Extrajudicial confessions if voluntary and true can be sufficient evidence to base conviction of the accused, but if the same is corroborated with some additional independent evidence, the rule of prudence also gets thereby satisfied. In the case of retracted extrajudicial confession such a corroboration turns to be all the more important to take this rule of prudence, the place of a rule of law.
235.In the present case on hand the extra judicial confession is accepted 159SC 2/2011 Gokul Chat by this Court against A.1, A.2, A.3 for the following reasons:
1) The witness appears to be unbiased and not even enemical to the accused because he is none other than the cousin brother of A.5 and who helped in accommodating A2 and A3 on the request of A5.
2)It passed the test of credibility.
3)It is reliable, trustworthy and beyond reproach.
4)It is not shown by the defence that it was obtained by coercion.
236.In so far as the delay in giving the information to the police concerned, it is a tendency of human being avoiding to give the information on commission of the offence to police as to who committed the offence and how they committed the offence and that too when the culprits taken his help; because we cannot expect everybody to be a good Samaritan.
237.It is established beyond reasonable doubt that A2, A3 gave extra judicial confession to PW.122 in the presence of A.5 and it was voluntary. It is corroborated by other proved circumstances stated above against A2 and A3.
238.Common Intention: Section 34 of IPC.
The learned counsel for the accused strenuously argued that Section 34 IPC is not applicable in this case, as there are no overt acts. He relied upon a decision
1969 CRI.L.J. 1224 (Vol. 75, C.N. 336) = AIR 1969 CALCUTTA 481 (V 56 C
85)Ram Raj Singh and others Vs. State of West Bengal, wherein it was held that
Section 34 IPC requires not only common intention but also participation in the crime. When a specific offence is committed by 160SC 2/2011 Gokul Chat some of the conspirators in pursuance of the conspiracy, the common intention of all would not be enough to fasten the guilt on all of them.
239.Per contra, the learned Public Prosecutor relied upon the following citations:
It was held in (2017) 9 Supreme Court Cases 483 between Rajkishore Purohit Vs State of Madhya Pradesh, that:
“9. Common intention is a state of mind. It is not possible to read a person's mind. There can hardly be direct evidence of common intention. The existence or nonexistence of a common intention amongst the accused has to be deciphered cumulatively from their conduct and behavior in the facts and circumstances of each case. Events prior to the occurrence as also after, and during the occurrence, are all relevant to deduce if there existed any common intention. There can be no straight jacket formula. The absence of any overt act of assault, exhortation or possession of weapon cannot be singularly determinative of absence of common intention.
10. Though judicial precedents with regard to common intention stand well entrenched, it will be sufficient to refer State of Rajasthan vs. Shobha Ram, observing as follows : (SCC P. 736, Para 10) "10. Insofar as common intention is concerned, it is a state of mind of an accused which can be inferred objectively from his conduct displayed in the course of commission of crime and also from prior and subsequent attendant circumstances. As observed in Hari Ram v. State of U.P. (SCC p. 622, para 21), the existence of direct proof of common intention is seldom available and, therefore, such intention can only be inferred from the circumstances appearing from the proved facts of the case and the proved circumstances. Therefore, in order to bring home the charge of common intention, the prosecution has to establish by evidence, whether direct or circumstantial, that there was plan or meeting of mind of all the accused persons to commit the offence before a person can be vicariously convicted for the act of the other." 1971 CRI. L. J. 793 (Vol. 77 C.N. 233) Noor Mohammad Mohd.
Yusuf Momin Vs. The State of Maharashtra, it was held that :
161SC 2/2011 Gokul Chat
Under Section 34 participation in the commission of offence necessary – Under S. 109 accused need not be present – Under S. 120B mere agreement is sufficient – Conspiracy need not be proved by direct evidence.
240.In the facts and circumstances of the case, Section 34 IPC is applicable to A2 & A3 as there are overt acts against them.
In so far as the aspect of common intention is concerned, as has been held by the Hon'ble Courts, the existence or nonexistence of a common intention amongst the accused has to be deciphered cumulatively from their conduct and behavior in the facts and circumstances of each case. Events prior to the occurrence as also after, and during the occurrence, are all relevant to deduce if there existed any common intention. There can be no straight jacket formula. The circumstances narrated in the penultimate paras, would show the existence of common intention amongst the accused No.1 to A3, to commit the offence, and their conduct prior to the commission of offence and after the commission of offence and leading to recovery of incriminating material from duct, would only expose the common intention among the accused to commit the offence. Hence, the decisions relied upon the learned Special Public Prosecutor are aptly applicable to the facts of the present case on hand and the decisions of the defence counsel are not applicable to the present case.
241. Circumstantial Evidence:
The learned counsel for the accused relied upon the following citation:
162SC 2/2011 Gokul Chat
Navaneethakrishnan Vs. State reported in 2018(2) ALT (Crl) 60 (SC). Wherein it was held that “Each and every incriminating circumstance must be clearly established by reliable and clinching evidence and the circumstances so proved must form a chain of events from which the only irresistible conclusion about the guilt of the accused can be safely drawn and no other hypotheses against the guilt is possible The court must satisfy itself that various circumstances in the chain of events must be such as to rule out a reasonable likelihood of the innocence of the accused.
242.Per contra, the learned Special Public Prosecutor relied upon the following citations.
(2012) 10 Supreme Court Cases 373 between Tulashiram
Sahadu Suryawanshi and Another Vs State of Maharashtra, wherein it was held that:
“23. It is settled law that presumption of fact is a rule in law of evidence that a fact otherwise doubtful may be inferred from certain other proved facts. When inferring the existence of a fact from other set of proved facts, the Court exercises a precise of reasoning and reaches a logical conclusion as the most probable position. The above position is strengthened in view of Section 114 of the Evidence Act, 1872. It empowers the Court to presume the existence of any fact which it thinks likely to have happened. In that process, the Courts shall have regard to the common course of natural events, human conduct etc is useful to quote the following observation in State of West Bengal vs. Mir Mohammed Omar,” addition to the facts of the case. In these circumstances, the principles embodied in Section 106 of the Evidence Act can also be utilized. We make it clear that this Section is not intended to relieve the prosecution of its burden to prove the guilt of the accused beyond reasonable doubt, but it would apply to cases where the prosecution has succeeded in proving facts from which a reasonable inference can be drawn regarding the existence of certain other facts, unless the accused by virtue of his special knowledge regarding such facts, failed to offer any explanation which might drive the Court to draw a different inference. It is useful to quote the following observation in State of West Bengal vs. Mir Mohammed Omar,”
243.It was held in (2010) 6 Supreme Court Cases between 163SC 2/2011 Gokul Chat
Sidhartha Vashisht alias Manu Sharma Vs. State (NCT of Delhi), that:
“On the other hand, it is clear from the evidence of PW6 that the accused Manu Sharma was very well present at the scene of offence and she correctly identified him. Further, as rightly observed by the High court, though she was not an eyewitness, she is certainly a witness identifying Manu Sharma along with 4 or 5 persons present at the Tamarind Court who asked her for whisky and later misbehaved with her. We agree with the observation and the ultimate conclusion about PW6 reached by the High Court”.
244.In the present case on hand also, it is clear from the evidence of Pws.3 & 5 the role of A1 in planting the bomb at Gokul
Chat is coming out. The accused No.2 & 3 abetted, conspired with
A2 & A3 in the commissioon of offence in the present case.
245. Delay in recording 161 Cr.P.C. statement of witnesses:
The learned PP relied upon the following citations, on the aspect of delay in recording S.161 Cr.P.C. statement of the witnesses:
2010 (2) SCC (Cri) 1385 Sidhartha Vashisht Alias
Manu Sharma Vs. State (NCT of Delhi), wherein the Hon'ble
Apex Court held as under:
“Unlike the said decision, in the present case, there are no concomitant circumstances to suggest that the investigator was deliberately making time with a view to give a particular shape to the case. The details of investigation conducted on each day are very clearly brought out in the evidence of the various witnesses. Furthermore, the identity of the appellant as a suspect in the present case was not the consequence of any delay”.
In Mohd. Khalid Vs State of W.B. this Court held that: (SCC p.349, Para 12) 164SC 2/2011 Gokul Chat “12..........Mere delay in examination of the witnesses for a few days cannot, in all cases, be termed to be fatal so far as the prosecution is concerned. There may be several reasons. When the delay is explained, whatever be the length of the delay, the court can act on the testimony of the witness if it is found to be cogent and credible”.
The delay caused in recording the statements of the said witnesses was reasonably explained by the prosecution.
246. Criminal Conspiracy
On the aspect of criminal conspiracy, the learned counsel for the accused relied upon the following citations:
AIR 2001 SUPREME COURT 175 Saju Appellant Vs. State of Kerala, wherein it was held that:
It is true that a number of witnesses have deposed that they had seen both the accused together on the date of occurrence but it is equally true that such meeting was not unusual as admittedly they were working together in the plantation. Mere meeting would by itself not be sufficient to infer the existence of a criminal conspiracy.
247. 1972 CRI. L J 909 (V 78 C 225) Bhagat Ram Vs. State of
Rajasthan
The matter can also be looked at from another angle. The charge under Section 120B IPC related to conspiracy between Bhagat Ram and Ram Swaroop for extorting Rs.2,000/ as illegal gratification from Niranjan Dass. When Ram Swaroop was acquitted of the charge under Section 120B IPC, the basis of the charge against Bhagat Ram for conspiracy between him and Ram Swaroop disappeared. It is not the case of the prosecution that Bhagat Ram had conspired with Ramswaroop to extort Rs.2,0000/ as illegal gratification from Niranjan Dass. Once Ram Swaroop was acquitted in respect of the charge relating to conspiracy, the charge against Bhagat Ram for conspiracy must necessary fail to the ground.
248.Per contra, the learned Special Public Prosecutor relied upon the following citations:
It was held in (2001) 7 Supreme Court Cases 596 165SC 2/2011 Gokul Chat between Firozuddin Basheeruddin and others Vs State of Kerala, that:
“The rationale of conspiracy is that the required objective manifestation of disposition to criminality is provided by the act of agreement. Conspiracy is a clandestine activity. Persons generally do not form illegal covenants openly. In the interests of security, a person may carry out his part of a conspiracy without even being informed of the identity of his coconspirators. Since an agreement of this kind can rarely be shown by direct proof, it must be inferred from circumstantial evidence of cooperation between the accused.... Para 24.... So far as the mental state is concerned, two elements required by conspiracy are the intent to agree and the intent to promote the unlawful objective of the conspiracy. It is the intention to promote a crime that lends conspiracy its criminal cast. Para 25 The rationale is that criminal acts done in furtherance of a conspiracy may be sufficiently dependent upon the encouragement and support of the group as a whole to warrant treating each member as a causal agent to each act. Under this view, which of the conspirators committed the substantive offence would be less significant in determining the defendant's liability than the fact that the crime was performed as a part of a larger division of labour to which the accused had also contributed his efforts. PARA 29..... Although it is not in doubt that the offence requires some physical manifestation of agreement, it is important to note the limited nature of this proposition. The law does not require that the act of agreement take any particular form and the fact of agreement may be communicated by words or conduct. Thus, it has been said that it is unnecessary to prove that the parties "actually came together and agreed in terms" to pursue the unlawful object : there need never have been an express verbal agreement, it being sufficient that there was "a tacit understanding between conspirators as to what should be done,"......
249.It was held in (2008) 15 Supreme Court Cases 49 between
MOHMED AMIN ALIAS AMIN CHOTELI RAHIM MIYAN SHAIKH AND
ANOTHER V/S CENTRAL BUREAU OF INVESTIGATION, That:
“74. The principles which can be deduced from the above noted 166SC 2/2011 Gokul Chat judgments are that for proving a charge of conspiracy, it is not necessary that all the conspirators know each and every detail of the conspiracy so long as they are coparticipators in the main object of conspiracy. It is also not necessary that all the conspirators should participate from the inception of conspiracy to its end. If there is unity of object or purpose, all participating at different stages of the crime will be guilty of conspiracy”.
250.It was held in the case of Ram, Narayan Poply Vs. CBI reported in 2003 CRI. L. J. 4801, (SUPREME COURT), that:
“349. Privacy and secrecy are more characteristics of a conspiracy, than of a loud discussion in an elevated place open to public view. Direct evidence in proof of a conspiracy is seldom available offence of conspiracy can be proved by either direct or circumstantial evidence. It is not always possible to give affirmative evidence about the date of the formation of the criminal conspiracy, about the persons who took part in the formation of the conspiracy, about the object, which the objectors set before themselves as the object of conspiracy, and about the manner in which the object of conspiracy is to be carried out, all this is necessarily a matter of inference.”
251.There is no dispute with regard to the citations relied upon by the both sides except the first citation relied by the defence counsel which is applicable to the present case on hand for the following reasons:
1) A5 introduced A.2 and requested him to take care of him.
2) A2 stayed in Azizia Lodge with fake name as “Satish Gaikwad”.
3) A2, A3 stayed in Banjara Nilayam in Flat No.302 with fake names as “Satish Gaikwad” and “Vinod Patil”, and in between A1 (Riyaz Bhatakal) visited the said Flat.
4) A2 & A3 joined in Dhoom Technologies with fake names.
5) Subsequent to the twin blasts occurred, A2, A3 & A5 met together in Pune.
6) The material used for preparation of IED bomb which were planted at Lumbini Park, Gokul Chat bhandar and Dilsukhnagar were one and the same material.
7) The blasts occurred on 25.8.2007, with small gap of time, and the material objects seized were of the same make and the same also establishes nexus between A1 to A3 in blasting.
167SC 2/2011 Gokul Chat
252.The prosecution established each and every circumstance beyond all reasonable doubt as against A2 and A3 as follows:
1) A2 came to Hyderabad at the instance of A5. Stayed at PW66's friends room. Then A2 left the room saying that he is going to Pune.
2) Instead of going to Pune, he stayed at Azizia Lodge, Nampally, Hyderabad for a week.
3) Then, he took a flat No.302, at Banjara Nilayam, Habsiguda, hyderabad after entering into rental deed with different name.
4) Then, A3 joined A2 at Banjara Nilayama, then A2 and A3 joined in Dhoom Technology (computer institute) with different names.
5) A2 & A3 stayed and maintained in above said two places with fake names, A2 as Satish Gaikwad and A3 as Vinod Patil.
6) Then, A2 planted IED Bomb at Lumbini Park with common intention and conspiracy of A3 and A1 on 25.8.2007 at 7.30 p.m.
7) A1 planted IED bomb at Gokul Chat Bhandar on Icecream making machine.
8) A2 hanged bag containing IED to a motor cycle under footover bridge at Dilsukhnagar. The said bomb was diffused subsequently.
253. Handwriting Expert:
AIR 1977 SUPREME COURT 1091 Magan Bihari Lal Vs. State of
Punjab
It is not well settled that expert opinion must always be received with great caution and perhaps, none so with more caution than the opinion of a handwriting expert. There is a profusion of precedential authority which holds that it is unsafe to base a conviction solely on expert opinion without substantial corroboration. This rule has been universally acted upon and it has almost become a rule of law.
254. AIR 1979 SUPREME COURT 1011 Kanchansingh Dholaksingh 168SC 2/2011 Gokul Chat
Thakur Vs. State of Gujarat
In the instant case the conviction of the accused has been based mainly on an entry from which it appears that the accused had misappropriated a certain sum. The entire conviction rests on the uncorroborated testimony of the hand writing expert.
255.There is no dispute with regard to the citations relied upon by the defence counsel, but not application to the present case on hand for the reason that there are umpteen number of circumstances as narrated above besides this expert opinion which is going against the accused.
256. Delay in TIP and identification:
PW.73 (examined in SC 3/2011) PW.32 (examined in SC 1/2011) the
Magistrate who conducted TIP parade deposed that the witnesses have rightly
identified the accused No.2 & 3.
The learned counsel for the accused relied upon the following citations:
1988 CRI.L.J. 780 The State Vs. Shankar alias Raju, wherein it was held that:
Where the dock identification of the accused by the witnesses was after a long time viz., about 1 ½ years after the incident, and there was no supporting evidence, the conviction of the accused on the basis of such identification held would not be proper.
1988 CRI.L.J. 422 Harinath and another etc., Vs. State of U.P, wherein it was held as under:
The conduct of an identification parade belongs to the realm and is part of the investigation. The evidence of test identification is admissible under S. 9. But the value of the test identification, apart altogether from the other safeguards appropriate to a fair test of identification, depends on the promptitude in point of time with which the suspected persons are put up for test identification. If there is unexplained and unreasonable delay in putting up the accused persons 169SC 2/2011 Gokul Chat for a test identification, the delay by itself detracts from the credibility of the test.
AIR 1993 SUPREME COURT 2618 Girja Shankar Misra Vs. State of U.P, wherein it was held that:
The test identification parade assumes importance particularly if held within a reasonable time after the commission of the offence. It loses its significance when there is enormous delay in holding it.
AIR 1971 SUPREME COURT 1050 Matru alias Girish Chandra Vs. The
State of U.P, wherein it was held that:
Section 9. Identification tests do not constitute substantive evidence.Identification tests are primarily meant for the purpose of helping the investigating agency with an assurance that their progress with the investigation into the offence is proceeding on right lines.
1979 CRI.L.J. 715 Antar Singh Vs. State of Madhya Pradesh
Accused put to test identification 12 months after occurrence – Identification test of other coaccused held earlier but accused not put up for identification – No reason given by prosecution for delay – Evidence of identifying witness held was rightly rejected by trial court. Judgment of Madhya Pradesh High Court, D/ 1591977, Reversed.
AIR 2004 SUPREME COURT 4965 D. Gopalakrishnan Vs. Sadanand Naik and others, wherein it was held that:
Showing of photographs to witnesses for purpose of identification Witnesses giving identifying features of assailants during course of investigation. Same could be confirmed by Investigating Officer by showing photographs of suspects. However when witness did give description or identifying characteristics of accused. Showing of photograph to such witness would lead Investigating Officer to make wrong conclusion. Also when suspect is available for identification, photograph should never be shown to witness in advance.
AIR 1987 SUPREME COURT 1222 Subash and Shiv Shankar Vs. State of
U.P, it was held that:
170SC 2/2011 Gokul Chat
Test identification parade held after delay of four months. Witnesses not giving any description of accused either in FIR or in their statements during investigation. Conviction cannot be based solely on such identification. Accused has to be given benefit of doubt.
257.Per contra, the learned PP relied upon the following citation:
It was held in (2010) 3 Supreme Court Cases 508 between Mulla and another Vs State of Uttar Pradesh, that:
“The necessity for holding an identification parade can arise only when the accused persons are not previously known to the witnesses. The whole idea of a test identification parade is that witnesses who claim to have seen the culprits at the time of occurrence are to identify them from the midst of other persons without any aid or any other source. The test is done to check upon their veracity. In other words, the main object of holding an identification parade, during the investigation stage, is to test the memory of the witnesses based upon first impression and also to enable the prosecution to decide whether all or any of them could be cited as eyewitnesses of the crime.
258.On the aspect of Delay in T.I.P: (Mulla’s case cited supra) “The identification proceedings are in the nature of tests and significantly, therefore, there is no provision for it in the Code and the Evidence Act, 1872. It is desirable that a test identification parade should be conducted as soon as possible after the arrest of the accused. This becomes necessary to eliminate the possibility of the accused being shown to the witnesses prior to the test identification parade. This is a very common plea of the accused and, therefore, the prosecution has to be cautious to ensure that there is no scope for making such allegation. If, however, circumstances are beyond control and there is some delay, it cannot be said to be fatal to the prosecution.”
259. On the aspect of Absence of corroboration in TIP (Mulla’s case cited supra), wherein it was held that:
“In Daya Singh Vs. State of Haryana the test identification parade was held after a period of almost eight years inasmuch as the accused could not be arrested for a period of 7½ years and after the arrest the test identification parade was held after a 171SC 2/2011 Gokul Chat period of six months. It was pointed out that the purpose of test identification parade is to have the corroboration of the evidence of the eyewitnesses in the form of earlier identification. It was held that the substantive evidence is the evidence given by the witness in the court and if that evidence is found to be reliable then the absence of corroboration by the test identification is not material.”
No rule of early TIP (Mulla’s case cited supra) “In another case of Pramod Mandal V. State of Bihar placing reliance on Anil Kumar this Court observed that: (Pramod case, SCC P. 158, Para 20) “20. It is neither possible nor prudent to lay down any invariable rule as to the period within which a test identification parade must be held, or the number of witnesses who must correctly identify the accused, to sustain his conviction. These matters must be left to the courts of fact to decide in the facts and circumstances of each case. If a rule is laid down prescribing a period within which the test identification parade must be held, it would only benefit the professional criminals in whose cases the arrests are delayed as the police have no clear clue about their identity, they being persons unknown to the victims. They, therefore, have only to avoid their arrest for the prescribed period to avoid conviction.”
260.The prosecution submitted that the Test Identification Parade was conducted after a lapse of nearly 1 ½ years as the accused were not known and only after their arrest from Mumbai, TIP was held to test the correctness of the version of PW92 and PW95, identifying Anik Shafique Sayeed (A1) at Lumbini
Park and also PW84 and PW83 identifying Akbar as the person who placed the bag with bomb at Dilskhnagar.
261.The incident of bomb blast is of such a nature that the witnesses would recollect the grievance at any point of time due to the impact the incident create. Both PW92 and PW95 had informed to SIT very three days about the accused Anik Shafique Sayeed (A2). PW83 had informed about the incident and 172SC 2/2011 Gokul Chat accused the same day to Police due to fear PW84 kept himself away from Police and later the Police examined him after one or two months. The said delay will not have any bearing on the correctness of the version given by these witnesses.
The Test Identification Parade itself is proof of the version of all the four witnesses i.e. PW92, PW95, PW.84 and PW.83 stating the truth and their identification corroborates with their statements made at the earlier point of time.
262.The witnesses who were identified by the Investigation Agency in the course of investigation was at the instance of accused, which fact is admissible under section 8 of Indian Evidence Act.
263This Court accepts the contention of the learned Special PP, as there is no delay in conducting the TIP because according to the defence the accused were brought on 6th and TIP was conducted on 9th February, 2009. The citations relied upon by the prosecution are aptly applicable to the facts of the present case on hand. The contention of the defence counsel is rejected.
264. Whether the duct is accessible to public?
The contention of the learned counsel for the accused vehemently contended that the property seized from the duct is accessible to public and therefore the seizure cannot be accepted, and they relied upon the following citations:
2017 CRI.L.J. (NOC) 33 (BOM) Amar Ramesh Lohkare Vs. State of
Maharashtra
Recovery of alleged weapons from compound of Medical College and Hospital which was was accessible to parents and public at large Said 173SC 2/2011 Gokul Chat open space must be one cleaned by sweepers of Medical College and Hospital and it was under the control of Security Guards. In these circumstances it is difficult to digest that for five days after alleged incident recovery is made
265.Even otherwise, it is in the common sense of every one that the ducts are best places for hiding the articles because they are not easily accessible to public. In the present case on hand also, the relevant portion of panchanama is as under:
“As the duct is not accessible to go down manually, the DSP got one of the cardboard cover of the window removed from the bathroom of Flat No.1 on the ground floor and that entrance created led into the duct. We along with the accused entered into the bathroom and accused A2 (Anik) through the window removed entered the duct and came out with a white plastic polythene cover”
In view of the above, there is no possibility of access to the duct by any person and it cannot be treated as an open place access to public .
266.The learned counsel for the accused submitted that the following are marked subject to object and they may be discarded.
1) Ex.P37 Xerox copy of leave and license,
It is to be noted that the copy of original is collected from the Bombay
Police, the Xerox copy is marked. So the original is with the Bombay Police.
Hence, objection rejected.
268. Recovery
The learned counsel for the accused relied upon the following citations:
1983 CRI.L.J. 686 State of Uttar Pradesh Vs. Jageshwar and others.
Prosecution leading large mass of useless evidence, Single circumstance of recovery of pistol from one of the accused. Not safe to act upon for 174SC 2/2011 Gokul Chat convicting one out of several accused.
This decision is not applicable to the facts of the present case. There are several circumstances connecting the accused to the crime.
270.Per contra, the learned PP relied upon the following citation:
It was held in (1997) 10 Supreme Court Cases 675 between
State of Rajasthan Vs Bhup Singh that:
“14. It is clear from the above evidence that PW.12 discovered the fact that the respondent had buried Article 4 the pistol. His statement to the police that he had buried the pistol in the ground near his house, therefore, gets extricated from the ban contained in Sections 25 and 26 of the Evidence Act as it became admissible under Section 27. The conditions prescribed in Section 27 for unwrapping the cover of ban against admissibility of statement of the accused to the police have been satisfied. They are: (1) A fact should have been discovered in consequence of information received from the accused; (2) he should have been accused of an offence; (3) he should have been in the custody of a police officer when he supplied the information; (4) the fact so discovered should have been deposed to by the witness. If these conditions are satisfied, that part of the information given by the accused which led to such discovery gets denuded of the wrapper of prohibition and it becomes admissible in evidence. It is immaterial whether the information was supplied in connection with the same crime or a different crime. Herer the fact discovered by the police is not Article 4 the pistol, but that the accused had buried the said pistol and he knew where it was buried. Of course, discovery of the said fact became complete only when the pistol was recovered by the police”.
It was held in (2015) 1 Supreme Court Cases 253 between Vasanta
Sampat Dupare Vs State of Maharashtra, that:
“It is fallacious to treat the 'fact discovered' within the section as equivalent to the object produced; the fact discovered embraces the place from which the object is produced and the knowledge of the accused as to this, and the information given must relate distinctly to this fact. Information as to past user, or the past 175SC 2/2011 Gokul Chat history, of the object produced is not related to its discovery in the sitting in which it is discovered. Information supplied by a person in custody that ' I will produce a knife concealed in the roof of my house' does not lead to the discovery of a knife; knives were discovered many years ago. It leads to the discovery of the fact that a knife is concealed in the house of the informant to his knowledge, and if the knife is proved to have been used in the commission of the offence, the fact discovered is very relevant”.
The above citations relied by the prosecution are applicable to the facts of the case, because the material seized at Banjara Nilayam and at the scene of offence are similar as opined by the Expert. The contention of the accused that the material seized are easily available in the market would not survive because there is a presumption under Section 15 and 43(E) of the Unlawful Activities
Prevention Act, which reads as under:
Section 15 in The Unlawful Activities (Prevention) Act, 1967 15 Terrorist act. —Whoever does any act with intent to threaten or likely to threaten the unity, integrity, security or sovereignty of India or with intent to strike terror or likely to strike terror in the people or any section of the people in India or in any foreign country,—
(a) by using bombs, dynamite or other explosive substances or inflammable substances or firearms or other lethal weapons or poisonous or noxious gases or other chemicals or by any other substances (whether biological radioactive, nuclear or otherwise) of a hazardous nature or by any other means of whatever nature to cause or likely to cause—
(i) death of, or injuries to, any person or persons; or
(ii) loss of, or damage to, or destruction of, property; or
(iii) disruption of any supplies or services essential to the life of the community in India or in any foreign country; or
(iv) damage or destruction of any property in India or in a foreign country used or intended to be used for the defence of India or in connection with any other purposes of the Government of India, any State Government or any of their agencies; or
(b) overawes by means of criminal force or the show of criminal force or attempts to do so or causes death of any public functionary or attempts to cause death of any public functionary; or
(c) detains, kidnaps or abducts any person and threatens to kill or injure such person or does any other act in order to compel the Government of India, any State Government or the Government of a foreign country or any other person to do or abstain from doing any act, commits a terrorist act. Explanation. —For the purpose of this section, public functionary 176SC 2/2011 Gokul Chat means the constitutional authorities and any other functionary notified in the Official Gazette by the Central Government as a public functionary.]
Section 43E in The Unlawful Activities (Prevention) Act, 1967
Presumption as to offences under section 15. —In a prosecution for an offence under section 15, if it is proved—
(a) that the arms or explosives or any other substances specified in the said section were recovered from the possession of the accused and there is reason to believe that such arms or explosives or other substances of a similar nature were used in the commission of such offence; or
(b) that by the evidence of the expert the fingerprints of the accused or any other definitive evidence suggesting the involvement of the accused in the offence were found at the site of the offence or on anything including arms and vehicles used in connection with the commission of such offence, the Court shall presume, unless the contrary is shown, that the accused has committed such offence and it is for the accused to explain how they got into possession of these material, but the accused did not give any explanation, so it can be presumed that they were used in the commission of offence, because they are similar.
271. CONFESSION OF CO ACCUSED
The learned counsel for the accused relied upon the following citation:
1986(1) CRIMES 57 Ashok Kumar Vs. The State and others “ In the present case the confession of Vinod and Ramesh Chand (Accused), as already mentioned, was not admissible and, therefore, the same could not be admissible against Dev Raj Dewan if the said accused were tried jointly with Vinod and Ramesh Chand (Accused).”
This decision is not applicable to the facts and circumstances of the case, because A2 & A3 together stated that the blasts were carried out by them at Hyderabad Lumbini Park and Gokul Chat Bhander for taking revenge with respect to Mecca Masid Blast.
177SC 2/2011 Gokul Chat
272. SANCTION TO PROSECUTION:
The learned counsel for the accused relied upon the following decisions:
(1997) 7 SUPREME COURT CASES 744 Rambhai Nathabhai Gadhvi and others Vs. State of Gujarat, wherein it was held that :
Sanction granted by the DGP on the strength of copy of FIR and letter sanctioning permission narrating facts of the case. No other document sent to the DGP nor did not DGP call for any document for his perusal. Sanction was vitiated on ground of non – application of mind.
(1997) 7 SUPREME COURT CASES 622 Mansukhlal Vithaldas Chauhan
Vs. State of Gujarat, wherein It was held that :
Sanction issued by an authority on the directions of the High Court, held, was invalid because there was no independent application of mind by that authority.
273.Perusal of Ex.P164, 165, 171 would go to show that the sanction was granted upon perusing and examining the entire facts of the case, there is no force in the contention of the accused the sanction was accorded without verifying the records.
274. NON EXPLNATION IN SECTION 313 CR.P.C. EXMINATION additional LINK
The learned counsel for the accused relied the following citations and argued that the prosecution cannot rely upon the weakness of the defence and initial burden lies on the prosecution to prove the case.
1993 CRI.L.J. 558 M. Srinivasulu Reddy Vs. State Inspector of Police Anti
Corruption Bureau Nellore Ranga Nellore
Initial burden lies on prosecution to prove. It cannot take advantage of weaknesses of defence or inconsistent stand taken by accused.
2009 CRI. L. J. 4647 Dhanpal Vs. State by Public Prosecutor, Madras 178SC 2/2011 Gokul Chat
Prosecution has to prove its own case. Court cannot shift burden of proof on accused. AIR 2003 SUPREME COURT 2141 State of U.P Vs. Ram Sewak and others
For imposing punishment on an accused a high standard of proof was required. However, on hypothetical grounds and surmises, prosecution evidence of a sterling character could not be brushed aside and disbelieved to give undue benefit of doubt to accused
275.Per contra, the learned Public prosecutor relied upon the following citations:
It was held in 2002 Law Suit(SC) 867 between Gurpreet
Singh Vs State of Haryana that:
“In view of the aforesaid evidence collected against the appellant, he was put to trial for murder of his wife Kalpna. The entire evidence was put him in his statement under Section 313 of the Code of Criminal Procedure. He mostly claimed ignorance regarding the circumstances in which the death of the deceased took place.”
277.There is no dispute with regard to citations relied upon by both sides. But ultimately the nonexplanation will reduce the heavy onus of proof on the prosecution. In the present case on hand also, the accused did not give any explanation except accused No.2, but the said explanation offered by the accused
No.2 is not acceptable, as the same is not supported by any material to show that he was not present at the time of incident at the scene of offence, and the during the period of his stay at PW.122’s room, and at Banjara Nilayam and also at Azizia lodge etc. In his explanation taking the plea of alibi cannot be considered as a gospel truth.
278At this stage, the learned counsel for the accused relied upon the 179SC 2/2011 Gokul Chat following citation, on the aspect of PLEA OF ALIBI:
(2009) 13 SUPREME COURT CASES 565 State of Kerala Vs. Anilachandran
Alias Madhu, wherein it was held that:
Pleading and proof. it is certainly the duty of the persons who plead an alibi to prove it beyond reasonable doubt. But even if plea of alibi set up by accused is discarded that does not take away the duty of the prosecution to prove beyond reasonable doubt that the accused persons were guilty. Merely because the accused was not able to prove his defence, it cannot be presumed that the prosecution case is proved against him.
279There is no dispute with regard to the above citation. But in the present case on hand, the prosecution established beyond all reasonable doubt the presence of the accused prior to the incident in Hyderabad, on the date of incident.
280.BENEFIT OF DOUBT,
The learned counsel for the accused relied upon following citation:
AIR 2003 SUPREME COURT 2141 State of U.P Vs. Ram Sewak and others, wherein it was held that:
for imposing punishment on an accused a high standard of proof was required
281.There is no dispute with regard to the ratio laid down in the above said decision. The prosecution produced high standard of proof in this case against A2, A3; and insufficient evidence in respect of A.5 and the role of A6 is not established by the prosecution in any of the offences as alleged and the benefit of doubt can only be given to accused Nos. 5 & 6. All the learned counsel for the accused raised several contentions with a view to create doubt in the case of the prosecution but those doubts are like doubts of a doubting Thomas. At the same 180SC 2/2011 Gokul Chat time, a doubt by the Criminal Court should not be that of doubting Thomas, it should be a real and tangible doubt. A doubt regarding the veracity of the evidence of the witness should be a reasonable doubt and the evidence cannot be simply brushed aside on minor aspects as held in Mallappa Siddappa Alakanur and others Vs. State of Karnataka
Crl.A.No.1055/2002, delivered by Hon’ble Court Supreme Court on 7.7.2009. That’s
why, it was held in Dayal Singh and others Vs. State of Uttaranchal reported in ( 2012) 8 SCC 263, that criminal justice system provides safeguards of fair trial and innocent till proven guilt to an accused. There it also contemplates that a criminal trial is meant for doing justice to all, the accused, the society and a fair chance to prove to the prosecution. The Courts do not merely discharge the function to ensure that no innocent man is punished, but also that a guilty man does not escape. Both are public duties of the
Judge. During the course of trial the learned Presiding Judge is expected to work
objectively and in a correct perspective. Where the prosecution attempts to misdirect the trial on the basis of perfunctory or designedly defective investigation, there the Court is to be deeply cautious and ensure that despite such an attempt, the determinative process is not subserved. For truly attaining this object of a fair trial, the Court should leave no stone unturned to do justice and protect the interest of the society as well”.
282.CONDUCT OF THE ACCUSED:
The learned Special Public Prosecutor further relied upon the following citations in respect of conduct of the accused, absconding , TIP on photo shown, delay in identification of the accused etc, as under:
In Mohd. Khalid Vs. State of West Bengal “232. A criminal trial is not an enquiry into the conduct of an accused for any purpose other than to determine whether he is guilty of the offence charged. In this connection, that piece of conduct can be held to be incriminatory which has no reasonable explanation except on the hypothesis that he is guilty. Conduct 181SC 2/2011 Gokul Chat which destroys the presumption of innocence can alone be considered as material.”
Absconding of Accused “233. Thus, it has been proved beyond reasonable doubt that accused Manu Sharma absconded after the incident which is a very relevant conduct under Section 8 of the Evidence Act.”
283.Section 8 of the Evidence Act reads as under:
8. Motive, preparation and previous or subsequent conduct.—Any fact is relevant which shows or constitutes a motive or preparation for any fact in issue or relevant fact. The conduct of any party, or of any agent to any party, to any suit or proceeding, in reference to such suit or proceeding, or in reference to any fact in issue therein or relevant thereto, and the conduct of any person an offence against whom is the subject of any proceeding, is relevant, if such conduct influences or is influenced by any fact in issue or relevant fact, and whether it was previous or subsequent thereto. Explanation 1.—The word “conduct” in this section does not include statements, unless those statements accompany and explain acts other than statements; but this explanation is not to affect the relevancy of statements under any other section of this Act. Explanation 2.—When the conduct of any person is relevant, any statement made to him or in his presence and hearing, which affects such conduct, is relevant. Illustrations
(a) A is tried for the murder of B. The facts that A murdered C, that B knew that A had murdered C, and that B had tried to extort money from A by threatening to make his knowledge public, are relevant.
(b) A sues B upon a bond for the payment of money. B denies the making of the bond. The fact that, at the time when the bond was alleged to be made, B required money for a particular purpose is relevant.
(c) A is tried for the murder of B by poison. The fact that, before the death of B, A procured poison similar to that which was administered to B, is relevant.
(d) The question is, whether a certain document is the Will of A. The facts that, not long before the date of the alleged Will, A made inquiry into matters to which the provisions of the alleged Will relate, that he consulted vakils in reference to making the Will, and that he caused drafts or other Wills to be prepared of which he did not approve, are relevant.
(e) A is accused of a crime. The facts that, either before or at the time of, or after the alleged crime, A provided evidence which would tend to 182SC 2/2011 Gokul Chat give to the facts of the case an appearance favourable to himself, or that he destroyed or concealed evidence, or prevented the presence or procured the absence of persons who might have been witnesses, or suborned persons to give false evidence respecting it, are relevant.
(f) The question is, whether A robbed B. The facts that, after B was robbed, C said in A’s presence—"the police are coming to look for the man who robbed B”, and that immediately afterwards A ran away, are relevant.
(g) The question is, whether A owes B rupees 10,000. The facts that A asked C to lend him money, and that D said to C in A’s presence and hearing—“I advise you not to trust A, for he owes B 10,000 Rupees”, and that A went away without making any answer, are relevant facts.
(h) The question is, whether A committed a crime. The fact that A absconded after receiving a letter warning him that inquiry was being made for the criminal and the contents of the letter, are relevant.
(i) A is accused of a crime. The facts that, after the commission of the alleged crime, he absconded, or was in possession of property or the proceeds of property acquired by the crime, or attempted to conceal things which were or might have been used in committing it, are relevant.
(j) The question is, whether A was ravished. The facts that, shortly after the alleged rape, she made a complaint relating to the crime, the circumstances under which, and the terms in which, the complaint was made, are relevant. The fact that, without making a complaint, she said that she had been ravished is not relevant as conduct under this section, though it may be relevant as a dying declaration under section 32, clause (1), or as corroborative evidence under section 157.
(k) The question is, whether A was robbed. The fact that, soon after the alleged robbery, he made a complaint relating to the offence, the circumstances under which, and the terms in which, the complaint was made, are relevant. The fact that he said he had been robbed, without making any complaint, is not relevant, as conduct under this section, though it may be relevant as a dying declaration under section 32, clause (1), or as corroborative evidence under section 157.
284.The prosecution relied upon the citation reported in AIR 2017
SUPREME COURT 1761 Chanrandas Swami Vs. State of Gujarat, wherein the
Hon’ble Apex Court held as under:
A discovery of a fact includes the object found, the place from which it is produced and the knowledge of the accused as to its existence.
The evidence of the investigating officer and PW.s 1, 2, 7 and PW.4 the spot mahazar witness that the accused had taken them to the spot and pointed out the place where the dead body was buried, is an admissible piece of evidence under Section 8 as the conduct of the accused.
183SC 2/2011 Gokul Chat
This view taken by the High Court, in our opinion, is a possible view. It is certainly not a perverse view. As the identity of the dead body of the deceased Gadadharanandji is established, it is a strong circumstance to link it to Accused No.3 who had voluntarily disclosed to the investigating agency about the spot/location where the dead body of the deceased was dumped by him and that being the same place in Barothi village in Rajasthan from where the dead body of an unknown person was recovered earlier by the local police.
285.There is no dispute with regard to the ratio laid down by the
Hon’ble Supreme Court.
286.In the present case on hand also, A2 & A3 absconded from the scene of offence after the blasts. Hence, the above said decision is applicable with regard to the conduct of the accused under Section 8 of the Evidence Act.
It is also pertinent to note that the accused had shown the shops from where they purchased the bags and batteries and TV and other material which is admissible under Sec. 8 of Indian Evidence Act.
287.The learned Special Public Prosecutor further relied upon the following settled laws in respect of TIP on photo shown, delay in identification of the accused etc, as under:
TIP on photo shown:
It was held in Mohd. Khalid Vs State of W.B. this Court held that:
( SCC p. 349, Para 12) “Even a TIP before a Magistrate is otherwise hit by Section 162 of the Code. Therefore to say that a photo identification is hit by Section 162 is wrong. It is not a substantive piece of evidence. It is only by virtue of Section 9 of the Evidence Act that the same ie the act of identification becomes admissible in court. The logic behind TIP, which will include photo identification lies in the fact that it is only an aid to investigation, where an accused is not known to the witnesses, the IO conducts a TIP to ensure that he has got the right person as an accused. The practice is not borne out of procedure, but out of prudence. At best it can be brought under Section 8 of 184SC 2/2011 Gokul Chat the Evidence Act, as evidence of conduct of a witness in photo identifying the accused in the presence of an IO or the Magistrate, during the course of an investigation.”
This decision is followed in (2010) 6 Supreme Court Cases I between
Sidhartha Vashisht alias Manu Sharma Vs. State (NCT of Delhi).
Photo TIP:
“259. In Mullagiri Vajram Vs State of A.P.. it was held that though the accused was seen by the witness in custody, any infirmity in TIP will not affect the outcome of the case, since the depositions of the witnesses in court were reliable and could sustain a conviction. The photo identification and TIP are only aides in the investigation and does not form substantive evidence. The substantive evidence is the evidence in the court on oath.”
Delay in identification of accused:
It was held in (2001) 3 Supreme Court Cases 468 between Daya
Sigh Vs State of Haryana, that:
“Theoretically in some cases what has been noted by the learned author may be true. For that purpose, the evidence of the witness is required to be appreciated with extra care and caution. But, where evidence is cogent, consistent and without any motive, it is no use to imagine and magnify theoretical possibilities with regard to the state of mind of the witnesses and with regard to their power of memorising the identity of the assailants. Power of perception and memorising differs from man to man and also depends upon situation. It is also depends upon the capacity to recapitulate what has been seen earlier. But that would depend upon the strength or trustworthiness of the witnesses who have identified the accused in the court earlier. Further in the present case, identification in the court was out of 14 persons. That itself would lend credence to identification by the witnesses. For this purpose, learned Judge has rightly observed to the effect that physical features of the accused must have been embedded in the memory of Jaswant Kaur. From the evidence and the cross examination of these two witnesses, it is apparent that they gained enduring impression of the identity of the accused during the incident. Therefore, delay in trial by the Designated Judge for one 185SC 2/2011 Gokul Chat reason or the other and thereafter identification of the accused in the court after seven or eight years would not affect the evidence of these two witnesses.”
In the present case there is no delay in conducting TIP. Due to procedural requirements the PT warrants belatedly and immediately within days of securing the accused, the Test Identification parade is conducted. The identification in the trial Court after 8 or 9 years would not effect the evidence of these witnesses. It is settled law that the identification of absconding accused No.1 (Riyaz Baktal) at the stage of investigation through photograph is not illegal in view of the above settled law.
288.Section 121A IPC: Overawe by means of criminal force.
It was held in (2014) 7 Supreme Court Cases 443 between Mohd.
Jamiluddin Nasir Vs State of West Bengal, that:
“161. After the said decision, we have a recent decision of this Court in Mohd. Ajmal Amir Kasab. Here again this Court had to deal with the offences under Sections 121, 121A read with Sections 122, 120B. While analysing the concept “waging war” against the Government of India, this Court has explained the concept in the said decision. This Court has expressed as to how the expression “Government of India” should be understood in the context of a charge under Sections 121, 121A and 122. The relevant paragraphs are paras 537, 538, 540 and 543. We can carefully refer to para 543, which reads as under: (SCC p.206) “543. Coming back to the facts of the case in hand, we find that the primary and the first offence that the appellant and his co conspirators committed was the offence of waging war against the Government of India. It does not matter that the target assigned to the appellant and Abu Ismail was CST Station (according to Mr. Ramachandran, no more than a public building)where they killed a large number of people or that they killed many others on Badruddin Tayabji Marg and in Cama Hospital. What matters is that the attack was aimed at India and Indians. It was by foreign nationals. People were killed for no other reason than they were Indians; in case of foreigners, they were killed because their killing on Indian soil would embarrass India. The conspiracy, in furtherance of which the attack was made, was, inter alia, to hit at India; to hit at its financial centre; to try to give rise to communal 186SC 2/2011 Gokul Chat tensions and create internal strife and insurgency; to demand that India should withdraw from Kashmir; and to dictate its relations with other countries. It was in furtherance of those objectives that the attack was made, causing the loss of a large number of people and injury to an even greater number of people. Nothing could have been more 'in like manner and by like means as a foreign enemy would do”. “163.1. From the evidence on record, we find that the intention of the accused collectively and individually was a defiant of raging attitude against the State.
163.2. Though the number of accused were not many in number like that of a manpower required in a battlefield, the mindset of each of the accused was loaded with such animosity against the State and its machinery viz., the police force, the act of the assailants at the spot virtually displayed the vicious mindset of all those who were behind it.
163.3. Though the chosen assailants by the conspirators were only two in number the vengeance with which they indulged in the attack at the spot viz., the American Centre towards the police force and the extent of damage they caused demonstrated the diabolic mindset of all the conspirators in committing the crime.
163.4 Though the actual assailants were only two in number at the spot of occurrence, the execution of the assault, which resulted in the killing of five policemen and injury caused to around 13 number of personnel, as described by the eyewitnesses, disclosed the merciless conduct of the whole lot of accused. The scene of occurrence as stated by the witnesses, makes us feel as though it was like a battlefield and a war like situation was created, though no pomp and pageantry usually associated with war was present.
163.5. This is not an offence due to an outcome of a lawlessness of a group of individuals who indulged in such a crime unaware of the damage and destruction it would cause. On the other hand, it was an act committed with all preparation and with a determination to cause damage of unimaginable extent to men and material.
163.6 The act indulged in by the accused cannot be also be attributed to any public cause or public good in order to state that even though the target of attack was towards police force posted at American Centre, there was no Hippocratic mindset behind such attack.
163.7 However much one would attempt to mitigate the acts 187SC 2/2011 Gokul Chat indulged in by the accused and the assailant it is difficult to comprehend that the accused did not intend to commit an offence of such high magnitude, but only intended to resort to a simple revenge. On the other hand, the intent and purpose of the attack was to create an indelible mark in the mind of the State that their group can go to any extent when it comes to the question of implementing their wrong perceptive jehadi movement.
163.8 The target of attack chosen after considerable deliberation by the conspirators, namely, the American Centre and the police force posted there was sufficient to demonstrate that once the attack is executed, the State machinery should realise the vulnerability of the group committing such offence who cannot be ignored for all times to come.
163.9 We find that the object of the conspirators was to create panic in the mind of the public at large and a horrendous threat to be felt by the State about the accused assailants and all those who are behind such conspiracy. The consequence of such an attack also conveys an impression on the State to be on the alert always to face such and even more intense attacks in future which would pose a constant challenge to the State and the democratic Constitution.
163.10. In the ultimate analysis, the act of the accused assailants was not a mere desperate act of a small group, but was an act of higher magnitude with a clear object and determination to impinge on the SOVEREIGN AUTHORITY of the Nation and its Government.”
289.The above decisions are aptly applicable to the facts of the present case.
290.On the aspect of latches on the part of the Investigation Officers, the learned Special Public Prosecutor relied upon the following decision
AIR 2000 SUPREME COURT 185 State of Karnataka Vs. K.
Yarappa Reddy, wherein it is held as under:
it can be a guiding principle that as investigation is not the solitary area for judicial scrutiny in a criminal trial, the conclusion of the court in 243the case cannot be allowed to depend solely on the probity of investigation. It is well nigh settled that even if the investigation is illegal or even suspicious the rest of evidence must be scrutinized independently of the impact of it. Otherwise criminal trial will plummet to the level of the Investigating Officer ruling the roost. The Court must have predominance and preeminence in criminal trials over the action taken by Investigating 188SC 2/2011 Gokul Chat
Officers. Criminal justice should not be made the casualty for the wrongs committed by the Investigating Officers in the case.
291.Perusal of case records viz., Order in Crl.M.P.no.4226/2008 in
Crl.No.97 of 2008 of SIT, passed by the learned XII Additional Chief Metropolitan
Magistrate, Hyderabad, dated 7.11.2008, it was stated that as per the provisions
of MCOC Act and Rules, copy of confession panchanama cannot be issued and the same has been submitted in a sealed cover to the Special Designated Court. Basing on the letter and earlier letter of Additional Commissioner of Police (Crimes)
Bombay, dated 21.10.2008, the police filed the petition for PT warrant. The learned XII Additional Chief Metropolitan Magistrate, Hyderabad having satisfied that the there was a provision under Section 19 of the MCOC Act for protecting the interests of the witnesses mentioned in the confessional statements recorded therein, and having satisfied with the letter of Additional Commissioner of Police (Crimes) Bombay dated 21.10.2008 that the accused revealing their involvement in the bomb blasts occurred at Hyderabad in the year 2007, had issued PT warrants against the accused. The MCOC Court at Bombay also after receiving the said requisition passed order for transit warrant and therefore there is no illegality in the issuance of PT warrant and arrest of the accused in this case. Even otherwise, the accused have not challenged the above said orders in any Court of law. So, the non examination of Additional Commissioner of Police, Crimes,
Mumbai who addressed letter and the Commissioner of Police, Hyderabad, who received the said letter is not fatal.
292.The next contention of the defence counsel for the accused No.2 is that in three cases xerox copies are filed. There is no force in the said contention.
When original is filed in one case, the xerox copy is filed in another two cases, and there were marked without objection.
189SC 2/2011 Gokul Chat
293. The further contention of the defence is that Pws. 92 and PW.95 are planted witnesses as they did not immediately gave any statement nor sustained injuries nor furnished laser show tickets to show their presence at the place of offence. On this learned Special Public Prosecutor submitted that that
Criminal courts should not expect a set reaction from any eyewitness on seeing an incident like murder. If five persons witness one incident there could be five different types of reactions from each of them. It is neither a tutored impact not a structured reaction which the eye witness can make. It is fallacious to suggest that PW.11 would have done this or that on seeing the incident. Unless the reaction demonstrated by an eyewitness is so improbable or so inconceivable for any human being pitted in such a situation it is unfair to dub his reactions as unnatural, and in supportof the same he relied upon the following citations:
2017 (1) ALT (Crl.) 188 (SC) Yogesh Singh Vs. Mahabeer Singh and others
294.There is no force in the submission of the learned defense counsel .
Moreover, PW.95 stated that “After blasting we were shocked and our ears were blocked. After I reached my house I came to know through news in TV that the bomb blasts were occurred in Gokulchat and Lumbini Park”
295.There is a general procedure in parks that whenever a person enters into park, the ticket will be received from him by the Watch Man and it will be torned into two pieces. So, it cannot be expected that the witnesses were required to retain the tickets. So, presence of A2 cannot be doubted at Lumbini Park, and the planting of IEB bomb at Gokul Chat by A1 cannot be doubted.
296The learned defence counsel further contended that the property 190SC 2/2011 Gokul Chat seized are not sealed by the Investigating Officer. Therefore there is every possibility of tampering the same before sending to the FSL. He drew my attention to the cross examination of PW.85 and PW.147, where it was mentioned that the police did not seal the property seized from Banjara Nilayam.
297.Whereas perusal of FSL report shows that they received sealed box from I Additional Chief Metropolitan Magistrate Court, Hyderabad. Moreover the items mentioned in the panchanama and the FSL report are one and the same.
Hence, the latches,. if any on the part of the Investigating Officer do not go to the root of the case.
298. Minor Omissions & Contradictions
It needs no special emphasis to state that every omission cannot take place of a material omission and therefore, minor contradictions, inconsistencies or insignificant embellishments do not affect the core of the prosecution case and should not be taken to be a ground to reject the prosecution evidence. The omission should create a serious doubt about the truthfulness or creditworthiness of a witness. It is only the serious contradictions and omissions which materially affect the case of the prosecution but not every contradiction or omission.
299. Defects of I.O
There may be highly defective investigation in a case. However, it is to be examined as to whether there is any lapse by the IO and whether there is any lapse by the IO and whether due to such lapse any benefit should be given to the accused. The law on this issue is well settled that the defect in the investigation by itself cannot be a ground for acquittal.
191SC 2/2011 Gokul Chat
Having considered the oral and documentary evidence, this Court has no hesitation to hold that the prosecution established all these above said circumstances beyond all reasonable doubt which lead to irresistible conclusion that A2, A3 and A1 (Absconding accused) carried out blasts at Hyderabad on 25082007 with common intention and conspiracy.
300.Keeping in mind the above discussion, let me make discussion on the points (III) to (XV).
301.III) Does the prosecution prove that accused No.1, with
the common intention and conspiracy of A2 & A3, and abetment and
conspiracy of A5 & A6 and other absconding accused, caused the
death of the persons mentioned in the table No.1 by exploding bomb
at Gokul Chat , punishable under Section 302 IPC?
and
IV) Does the prosecution prove that accused No.1, with the
common intention and conspiracy of A2 & A3, and abetment and
conspiracy of A5 & A6 and other absconding accused, attempted to
commit murder of the persons mentioned in the table No.2 by
planting bomb at Gokul Chat, with such an intention or knowledge
and under such circumstances that if by that act caused the death of
persons mentioned in table No.2, they would have been guilty of
murder, punishable under Section 307 of Indian Penal Code?
302.In order to appreciate points, it would be useful to refer to section 192SC 2/2011 Gokul Chat 300 IPC which reads as: Section 300 of Indian Penal Code: Murder — Except in the cases hereinafter excepted, culpable homicide is murder, if the act by which the death is caused is done with the intention of causing death, or
Secondly — If it is done with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused, or
Thirdly — If it is done with the intention of causing bodily injury to any person and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death, or
Fourthly — If the person committing the act knows that it is so imminently dangerous that it must, in all probability, cause death or such bodily injury as is likely to cause death, and commits such act without any excuse for incurring the risk of causing death or such injury as aforesaid.
Section 107 of Indian Penal Code: Abetment of a thing — A person abets the doing of a thing, who— First — Instigates any person to do that thing; or
Secondly — Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or
Thirdly — Intentionally aids, by any act or illegal omission, the doing of that thing.
Explanation 1 — A person who by willful misrepresentation, or by willful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing.
To prove the charge of abetment, the prosecution is required to prove that the abettor had instigated for the doing of a particular thing or engaged with one or more other person or persons in any conspiracy for the doing of that thing or intentional aided by an act of illegal omission, doing of that thing.
193SC 2/2011 Gokul Chat
303.Section 307 of Indian Penal Code: Attempt to murder —
Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty or murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and if hurt is caused to any person by such act, the offender shall be liable either to imprisonment for life.
304.As per the evidence of Pws. 3 & 5 who gave physical features of accused No.1, corroborated by the evidence of PW.34, 85, PW.88, the accused
No.1 (absconding) was the only person who kept bag containing IED bomb (time bomb) on Icecream making machine at Gokul Chat Bhadar, Koti,
Hyderabad, and the nexus between A2 & A3 with that of A1 (absconding) is clearly established as discussed above. Due to the blast at Gokul Chat, it caused death of 31 persons mentioned in table No.1, (in so far as death of
Lavu Swamy Babu is concerned no cause for the death is forthcoming though death certificate is filed but not marked) and sustaining of injuries to the persons mentioned in Table No.2 and this Court gave a specific finding that all the 31 deaths are homicidal deaths and all the injures were voluntarily caused due to bomb blast. The prosecution established beyond all reasonable doubt that 31 deceased persons had died due to bomb blasts injuries and prosecution further established beyond all reasonable doubt that the accused No.1 was the person who planted bomb at Gokul Chat, in furtherance of common intention and conspiracy of A.2 & A3 and other absconding accused.
305.Further, the prosecution established beyond all reasonable 194SC 2/2011 Gokul Chat doubt the injuries received to 47 persons due to the bomb blast planted by accused No.1 in furtherance of common intention and conspiracy of accused No.2 & A3 with other absconding accused.
306.It is also an established circumstance that A1 (absconding) caused IED bomb blast at Gokul Chat, and thereby intentionally caused the deaths of deceased and committed murder of 32 deceased . Therefore this Court has no hesitation to hold that accused No.2 & A3 are found guilty of offence punishable U/Sec.302 r/w 34 r/w 120B IPC
307.It is also an established circumstance that A1 caused IED bomb blast at Gokul Chat, causing injuries to 47 persons and thereby accused
No.2 & A3 are found guilty of offence punishable U/Sec.307 r/w 34 r/w 120B
IPC. In so far as, A5 & A6 are concerned, the prosecution failed to establish their involvement in the said offences beyond all reasonable doubt. Points (III) & (Iv) are answered affirmatively in favour of prosecution and against A2 & A3.
308.V) Does the prosecution prove that accused No.1, with
the common intention and conspiracy of A2 & A3, and abetment and
conspiracy of A5 & A6 and other absconding accused committed
mischief by exploding bomb at Gokul Chat, intending to cause
destruction of the Gokul Chat property punishable under Section 436 of
Indian Penal Code ?
309.On this aspect, the photographs of the scenes, scene of offence panchanama and rough sketch of the scene, per se disclose the damage caused to the ice cream making machine, utensils etc. which is wellcorroborated by photographer and panch for scene of offences and investigating officers as 195SC 2/2011 Gokul Chat discussed in the previous portion of the Judgment. This aspect was already decided that it is bomb blast. The role of A1 is coming out in the said blast. Thus, this Court holds that the accused No.2 & A3 are found guilty of offence punishable U/Sec.436 r/w 34 r/w 120B IPC. In so far as, A5 & A6 are concerned, the prosecution failed to establish their involvement in the said offences beyond all reasonable doubt. Point (V) is answered affirmatively in favour of prosecution and against A2 & A3.
310.VI)Does the prosecution prove that accused No.1, with
the common intention and conspiracy of A2 & A3, and abetment and
conspiracy of A5 & A6 and other absconding accused, within or without
India to overawe by means of criminal force or show of criminal force, the
Central Government and the State Government, punishable under Section
121A of Indian Penal Code ?
311.On this aspect, the following circumstances (i) the accused No.2 & 3 and absconding accused collected Improvised Explosive Device which comes within the definition of arms and ammunition at Hyderabad sent from Mumbai through bus and then A2 & A3 joined hands with A1 (absconding) in preparation of bombs and planting of bombs at Lumbi Park , and the same is supported by eye witnesses, and it is clinchingly established the fact that their intention is only to wage war against the Government of India thereby to target the innocent people under the following circumstances (i) the accused collected Improvised
Explosive Device which comes within the definition of arms and ammunition and brought the same to Hyderabad and the remnants of the same recovered at their instance from Banjara Nilayam Habsiguda Hyderabad would only show their 196SC 2/2011 Gokul Chat intention to wage war against the Government of India and they decided to threaten the unity, integrity, security or sovereignty of India,wage war against the
Government of India by carrying out series of blasts, and in consequence of the same, A1 planted IED (time bomb) at near Foot Over Bridge, JC Brothers,
Dilsukhnagar, with the common intention and conspiracy of A2 and absconding accused No.3, and caused death innocent persons (mentioned in SC 2/2011, SC 3/2011), with intent that the same would create disharmony among the groups of religions against each other, and thereby they committed the above said offences. Therefore under section 121A of IPC there can never be any direct evidence regarding the fact of waging war against the Government of India or attempt to wage such a war. The offence can only be proved by the circumstantial evidence and oral testimony of the witnesses. In the present case, the circumstances are explained in penultimate paras establishes role of A2 and A3 along with absconding Accused No.1. Therefore this Court has no hesitation to hold that the accused No.2 & A3 are found guilty for the offence under Section 121A r/w 34 r/w 120B IPC. In so far as, A5 & A6 are concerned, the prosecution failed to establish their involvement in the said offences beyond all reasonable doubt. Point (VI) is answered affirmatively in favour of prosecution and against A2 & A3,.
312. VII) Does the prosecution prove that accused No.1, with the
common intention and conspiracy of A2 & A3, and abetment and
conspiracy of A5 & A6 and other absconding accused promoted
feelings of enmity or hatred between the groups viz., prejudicial to
maintenance of harmony between the said groups, disturbed or likely
to disturb public tranquility on 25.8.2007 by exploding a bomb inside
197SC 2/2011 Gokul Chat
the Gokul Chat , Hyderabad, punishable under Section 153A of Indian
Penal Code?
On this aspect, the learned counsel for the accused relied upon citation in 2007 CRI.L.J. 2959 (SUPREME COURT) Manzar Sayeed Khan Vs.
State of Maharashtra and Anr., wherein it was held as under:
“The intention to cause disorder or incite the people to violence is the sine qua non of the offence under Section 153A of IPC and the prosecution has to prove prima facie the existence of mens rea on the part of the accused. The intention has to be judged primarily by the language of the book and the circumstances in which the book was written and published. The matter complained of within the ambit of Section 153A must be read as a whole. One cannot rely on strongly worded and isolated passages for proving the charge nor indeed can take a sentence here and a sentence there and connect them by a meticulous process of inferential reasoning.”
Section 153A of IPC reads as under:
153A. Promoting enmity between different groups on grounds of reli gion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony.— (1) Whoever—
(a) by words, either spoken or written, or by signs or by visible representations or otherwise, promotes or attempts to promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, disharmony or feelings of enmity, hatred or illwill between different religious, racial, language or regional groups or castes or communi ties, or
(b) commits any act which is prejudicial to the maintenance of harmony between different religious, racial, language or regional groups or castes or communities, and which disturbs or is likely to disturb the public tranquility, 2[or] 2[(c) organizes any exercise, movement, drill or other similar activity intending that the participants in such activity shall use or be trained to use criminal force or violence or knowing it to be likely that the participants in such activity will use or be trained to use criminal force or violence, or participates in such activity intending to use or be trained to use criminal force 198SC 2/2011 Gokul Chat or violence or knowing it to be likely that the participants in such activity will use or be trained to use criminal force or violence, against any religious, racial, language or regional group or caste or community and such activity for any reason whatsoever causes or is likely to cause fear or alarm or a feeling of insecurity amongst members of such religious, racial, language or regional group or caste or community,] shall be punished with imprisonment which may extend to three years, or with fine, or with both. Offence committed in place of worship, etc.—(2) Whoever commits an offence specified in sub section (1) in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies, shall be punished with imprisonment which may extend to five years and shall also be liable to fine.]
313.The place where accused No.1 planted the bomb was crowed with the persons who belonging to Hindu community and the place chosen by the accused would only go to show that they chosen the said place to incite and promote disturbance to the maintenance of harmony between the Hindus and
Muslims and disturb the public tranquility on 25.8.2007 by exploding the bomb inside Gokul Chat, and the role of A1 is coming out, and therefore, A2 & A3 are found guilty for the offence under Section 153A r/w 34 r/w 120B IPC. In so far as, A5 & A6 are concerned, the prosecution failed to establish their involvement in the said offences beyond all reasonable doubt. Point VII is answered affirmatively in favour of prosecution and against A2 & A3.
314. VIII Does the prosecution prove that accused No.2, A3 & A5 along
with A1, and other absconding accused were party to a criminal
conspiracy to wage war against the Govt.of India and to commit other
offences i.e.offences punishable u/s punishable U/Sec.302 of Indian Penal
Code (murder), U/Sec.307 of Indian Penal Code (attempt to murder),
199SC 2/2011 Gokul Chat
U/Sec.436 of Indian Penal Code (mischief by fire or explosive substances
with intend to destroy property at Lumbini Park, Hyderabad and Section 3
of the Explosive Substances Act (unlawful causing explosion), Section 5 of
Explosive Substances Act (possession of Improved Explosive Devices
unlawfully), Section 13(1)(b) of Unlawful Activities (Prevention) Act, 1967
(advocating or inciting the commission of unlawful activity), Section 16(a)
(b) of the Unlawful Activities (Prevention) Act, 1967 (to threat the unity,
integrity, security or soverghnity of India or with intent to strike terror or
likely to strike in the people or any section of the people of India or in any
foreign country), and Section 18 of the Unlawful Activities (Prevention)
Act, 1967 (conspired and attempted to commit terrorists act viz., exploding a
bomb inside the Lazerium Lumbini Park, Hyderabad), Section 20 of Unlawful
Activities (Prevention) Act, 1967 (being member of unlawful association and
committing an act relating to its membership), punishable U/Sec.120B of
Indian Penal Code?
315.Whereas the learned Special Public Prosecutor submitted that the evidence adduced by the prosecution clearly establishes the complicity of each of the accused which makes them as conspirators of the crime.
316.In cases of criminal conspiracy, the evidence would attract if there is an agreement between two or more persons to do or cause to be done an illegal act by illegal means. A criminal conspiracy would continue as long as the members of such conspiracy do acts in furtherance of the object of the conspirators: Under Section 10 of Indian Evidence Act the offence of criminal conspiracy is complete, where the conspirators have agreed to do an act, or in 200SC 2/2011 Gokul Chat furtherance of their common intention such acts done by any one of them which in itself would be evidence and no specific overt acts need to be established as against each and every accused. In Ramnarayanam Popli Vs State reported in 2003 Supreme Court cases (criminal) page 869 the Hon’ble Supreme court held that the elements of criminal conspiracy are:
a)An object to be accomplished. b)A plan or scheme embodying means to accomplish such object. c)An agreement to commit such acts by affective means and d)An overt act if required by statute.
317, For an offence punishable under 120 B of IPC it would not be necessary to give direct evidence of the agreement of conspirators but can be proved by necessary implications and inferences can be drawn from the acts of the perpetrators. The conspiracy can be proved from the circumstances of the case indicating the meeting of minds. The Hon’ble Supreme Court in Mohammad
Khalid Vs State reported in 2002 the Supreme Court cases (Crl) page 734 held that no overt act need be proved to establish criminal conspiracy when existence of an agreement to commit an act can be shown from circumstances of the case.
In the judgment reported in 2001 SCC (Cri) 1341 FIROZUDDIN BASHEERUDDIN
V/S STATE OF KERALA, the Hon’ble Supreme Court observed at Para 23... The rationale of conspiracy is that the required objective manifestation of disposition to criminality is provided by the act of agreement. Conspiracy is a clandestine activity. Persons generally do not form illegal covenants openly. In the interests of security, a person may carry out his part of a conspiracy without even being informed of the identity of his co conspirators. The law does not require that the act of agreement take any particular form and the fact of agreement may be communicated by words or conduct. Thus, it has been said that it is unnecessary 201SC 2/2011 Gokul Chat to prove that the parties "actually came together and agreed in terms" to pursue the unlawful object: there need never have been an express verbal agreement, it being sufficient that there was "a tacit understanding between conspirators as to what should be done,".
318,The circumstances explained in the penultimate paras and the involvement of accused in ghastly act would only show their conspiracy against the State and accused were party to a criminal conspiracy to wage war against the Govt.of
India and to commit other offences i.e.offences punishable u/s punishable
U/Sec.302 of Indian Penal Code (murder), U/Sec.307 of Indian Penal Code (attempt to murder), U/Sec.436 of Indian Penal Code (mischief by fire or explosive substances with intend to destroy property at Gokul Chat , Hyderabad and Section 3 of the Explosive Substances Act (unlawful causing explosion),
Section 5 of Explosive Substances Act (possession of Improved Explosive Devices unlawfully), Section 13(1)(b) of Unlawful Activities (Prevention) Act, 1967 (advocating or inciting the commission of unlawful activity), Section 16(a)(b) of the Unlawful Activities (Prevention) Act, 1967 (to threat the unity, integrity, security or soveri8ghnity of India or with intent to strike terror or likely to strike in the people or any section of the people of India or in any foreign country), and
Section 18 of the Unlawful Activities (Prevention) Act, 1967 (conspired and attempted to commit terrorists act viz., exploding a bomb inside the Gokul Chat,
Hyderabad), Section 20 of Unlawful Activities (Prevention) Act, 1967 (being member of unlawful association and committing an act relating to its membership), punishable U/Sec.120B of Indian Penal Code.
319.Thus it is established the guilt of the accused No.2 & 3 for the offence under Section 120B r/w 302 IPC. In so far as A5 & A6 are concerned, the 202SC 2/2011 Gokul Chat prosecution failed to establish their guilt for the offence under Section 120B IPC beyond all reasonable doubt. This Point VIII is answered affirmatively in favour of prosecution and against A2 & A3. In so far as A5 & A6 are concerned, it is answered negatively.
320.IX) Does the prosecution prove that accused No.1, with the
common intention and conspiracy of A2 & A3, and abetment and
conspiracy of A5 & A6 and other absconding accused , unlawfully
exploded a bomb inside the Lazerium, Lumbini Park, Hyderabad,
punishable under Section 3 of the Explosives Substances Act, 1908?
321.PW.143 is the Inspector of Police, Bomb Disposal Squad, and he deposed that as per the orders of Hon'ble I ACMM, Hyderabad dated 9.3.2009 (Ex.P66), the police have handed over sealed box containing seized property from the accused and he along with PW.143 shifted the seized material to Premavathi firing range and after taking all precautionary measures, opened the box and found flour electrical detonators, and they were defused and destroyed. He collected the remnants of the said items and handed over to PW.147.
322.PW.144 Head Constable, Bomb Detection Technician in City
Security Wing deposed that on 25.8.2007 he received call from head quarters
CCS and directed him to attend at Dilsukhnagar and there was a suspecting bag found at Dilshuknagar foot over bridge. The local police already shifted the said bag to an isolated area near the place ie, road running Dilsukhnagar to
Moosrambagh. By the time he reached there, police took precautions to public.
He opened the said bag and it was black colour pack and found a gift pack with 203SC 2/2011 Gokul Chat gold colour tin foil claim over mine it is called as IED (Improved Explosive
Device). First he cut the power sources thereafter, second precaution he cut detonator wires and separated the detonators from the explosives. He identified
Mos. 1 to 11 marked in SC 1/2011 as the said material objects. He gave Ex.P168 certificate.
323.PW.145 deposed that while he was in the Crime Scene at
Lumbini Park, information came in that there was explosion in Gokul Chat also. They have rushed to the Crime Scene at Gokul Chat around 8.30 pm along with Clues Team. On 06.09.2007 their office received sealed cardboard box in Crime No.220/2007 of PS Sultan Bazar with letter No.
31/ACPSBR(D)/2006 and No.220/CR/PSSBR/2007, dt.28.08.2007. The items No.1 to 35 mentioned in Ex.P44 (marked in SC No.2/2011) correspond to MO.s 9 to 37. His opinion is part of Ex.P44 which is Ex.P44
A. PW.145 further deposed that his opinion is based on visit of crime scene and examination of above items found that item No.s 1 to 35 are affected by the explosion of Improvised Explosive Devise (time bomb) in which chain of detonation includes Ammonium Nitrate emulsion as explosive charge electric detonators as initiators metallic balls as splinters (Item No.s 2, 8), pieces of container clock mechanism (Item No.4), power source (item
No.6) IED carrier bag (Item No.1). The above materials are similar to the material in CHE/386/2007 and CHE/383/2007. Their FSL procedures, processes, equipment, expertise and Administration is certified by National
Board of Accreditation of Testing Laboratories (ISO17025) 204SC 2/2011 Gokul Chat
324.Perusal of Ex.P44 which is Ex.P44A. PW.145 further deposed that his opinion is based on visit of crime scene and examination of above items found that item No.s 1 to 35 are affected by the explosion of
Improvised Explosive Devise (time bomb) in which chain of detonation includes Ammonium Nitrate emulsion as explosive charge electric detonators as initiators metallic balls as splinters (Item No.s 2, 8), pieces of container clock mechanism (Item No.4), power source (item No.6) IED carrier bag (Item No.1). The above materials are similar to the material in
CHE/386/2007 and CHE/383/2007. Their FSL procedures, processes, equipment, expertise and Administration is certified by National Board of
Accreditation of Testing Laboratories (ISO17025). Thus it is clear that an
IED explosion is used in the commission of blasting at Gokul Chat . The accused
No.1 unlawfully exploded in furtherance of common intention and conspiracy of A2 & A3 . Hence, A2 & A3 are found guilty for the offence under Section 3 of the Explosive Substance Act r/w 34 r/w 120B IPC. Point
IX is answered affirmatively in favour of prosecution and against A2 & A3. In so far as A5 & A6 are concerned, the point is answered negatively.
325.X)Does the prosecution prove that accused No.1, with the
common intention and conspiracy of A2 & A3, and abetment and
conspiracy of A5 & A6 and other absconding accused were in unlawful possession of Explosive Substances punishable under Section 5 of the
Explosives Substances Act, 1908?
326.From the seizure of material objects viz., mentioned in
Table No.4, at instance of the accused No.2 & 3, and possession of IED 205SC 2/2011 Gokul Chat bomb prior to blasting at Gokul Chat Park by A1, as seen by eye witnesses
Pws.3 and PW.5, and the circumstances narrated in the penultimate paras and discussion made on the aspect whether it was a low explosive or high explosive, would show that the accused No.1 was in possession of high explosive.
327.The learned counsel for the accused raised contention that the charge under Explosive Substance Act is not maintainable because the detonators come within the definition of Explosives Act. Per contra, the learned Special PP submitted that though the detonators come within the definition of Explosives Act, but the cumulative of material used for preparation of IED definitely comes under the Explosives Substance Act.
There is force in the submission of the learned Public Prosecutor. As per the opinions of the Experts, the bomb was an IED. In so far as A2 & 3 are concerned, the “possession” used in the section is not confined only to actual physical possession but also includes constructive possession. The Hon'ble
Supreme Court while explaining the term “possession” with the aid of illustration in the case of Gunawant Lal Vs. State of M.P. observed as under:
“the possession of a firearm under the Arms Act in our view must have firstly the element of consciousness or knowledge of that possession in the person charged with such offence and secondly where he has not the actual physical possession, he has nonetheless a power or control over that weapon, so that his possession thereon continues despite physical possession being in someone else. If this were not so, then an owner of a house who leaves an unlicensed gun in that house but he is not present when it was recovered by the police can plead that he was not in position of it even though he had himself possession of it consciously 206SC 2/2011 Gokul Chat kept it there when he went out.”
From the above, it is clear that in furtherance of their common intention and conspiracy, the accused No.2 & A3 were in possession of IED Bomb at Gokul
Chat , and that such possession was in conscious possession of Accused No.2 & 3 also because parts of the IED were purchased jointly, and therefore the accused
No.2 & 3 are also liable for constructive possession of IED and therefore, they are liable for the offence under Section 5 r/w 34 r/w 120B IPC of the Explosives Act.
In so far as A5 and A6, the evidence is not sufficient. The Point No.X is answered affirmatively in favour of prosecution and against A2 &3. In so far as A5 & A6 are concerned, it is answered negatively.
328.XI)Does the prosecution prove that accused No.1, with the
common intention and conspiracy of A2 & A3, and abetment and
conspiracy of A5 & A6 and other absconding accused , advocated or
incited the commission of unlawful activity by exploding a bomb inside
the Lazerium, Lumbini Park, Hyderabad, punishable under Section
13(1)(a) and (b) of the Unlawful Activities (Prevention) Act, 1967?
XII)Does the prosecution prove that accused No.1, with the
common intention and conspiracy of A2 & A3, and abetment and
conspiracy of A5 & A6 and other absconding accused committed terrorist act by exploding a bomb inside the Lazerium, Lumbini Park,
Hyderabad, to threaten the unity, integrity, security or sovereignty of India or with intent to strike terror or likely to strike in the people of any section of the people in India or in any foreign country , punishable under Section 207SC 2/2011 Gokul Chat 16(a) and (b) of the Unlawful Activities (Prevention) Act, 1967?
XIII) Does the prosecution prove that accused No.1, with the common
intention and conspiracy of A2 & A3, and abetment and conspiracy of
A5 & A6 and other absconding accused , conspired and attempted to commit commission of terrorist act viz., exploding a bomb inside the
Gokul Chat, Koti, Hyderabad, to threaten the unity, integrity, security or sovereignty of India or with intent to strike terror or likely to strike in the people of any section of the people in India or in any foreign country , punishable under Section 18 of the Unlawful Activities (Prevention) Act, 1967?
XIV)Does the prosecution prove that the accused No.2,3, A5 &
A6 were members of terrorists gang, viz., Indian Mujahidden to
commit terrorist act by exploding a bomb inside the Lazerium,
Lumbini Park, Hyderabad,. Punishable under Section 20 of the
Unlawful Activities (Prevention) Act, 1967?
329.On these points, it is stated that the chain of circumstances narrated above and proved would clearly establish that the accused No.1 on 25.8.2007 at 7.30 p.m, exploded bomb Gokul Chat Bhandar, Kot,
Hyderabad with the common intention and conspiracy of accused No.2 & absconding Accused No.3 (absconding) and the said act of the accused were to advocate or incite the commission of unlawful activity and with that intention only they murdered the persons mentioned in table No.1 208SC 2/2011 Gokul Chat besides causing injuries to the persons mentioned in table No.2, and the same was committed by them to threat the unity, integrity, security and soverignity of India and with that intent only strike terror , and attempted to commit terrorist act in other places, at Dilsukhnagar and thus committed offences punishable Unlawful Activities (Prevention ) Act, 1967, but the prosecution failed to prove that the Indian Mujahidden is a banned organization as on the date of commission of offence. Hence, they cannot be treated as members of banned organization on the date of offence.
Thus, A2 & A3 committed offence Sections 13(1)(a) and (b) r/w 34 r/w 120B IPC, 16(a) and (b) r/w 34 r/w 120B IPC and 18 of the Unlawful
Activities (Prevention) Act, 1967 r/w 34 r/w 120B IPC. The points XI, XII & XIII are answered affirmatively in favour of prosecution and against A2 &
A3. In so far as A5 & A6 are concerned, these points viz., XI, XII &XIII are answered negatively and against the prosecution. In so far as Point No. XIV is concerned, it is answered negatively against A2, A3, A5 & A6 negatively.
330.XV)Does the prosecution prove that accused No.1, with
the common intention and conspiracy of A2 & A3, and abetment and
conspiracy of A5 & A6 and other absconding accused committed damage of the property of Gokul Chat bhandar, , Hyderabad, punishable under Section 4 of the Prevention of Damage to Public Property Act, 1984?
331.It is an undisputed fact that a blast occurred at Gokul Chart
Bhandar on 25.8.2007 at 7.30 p.m, and the property was damage in that blast and the accused No.1 was the person who planted and blasted the 209SC 2/2011 Gokul Chat bomb at the Lumbini Park, with common intention and conspiracy of A2 &
A3, and the abetment of other accused. Thus, A2 & A3 are found guilty for the offence under of the Prevention of Damage to Public Property Act, 1984 r/w 34, r/w 120B IPC. The point No.XV is answered affirmatively in favour of prosecution and against A2 & A3. In so far as A5 & A6 is concerned, this point is answered negatively.
332. As far as the involvement of absconding accused No.1 whose name has been figured in the confessional statements of accused No.2 & A3 is concerned, this Court has only considered his involvement in the conspiracy. This Court cannot give any verdict against the absconding accused No.1 because he is not tried so far. Therefore the involvement of the absconding accused No.A1 to the extent of offence U/Sec.120B, 121A, of IPC is proved.
333.The prosecution failed to prove role of A5 in carrying out the bomb blast in this case. However, it established only once circumstance against him, i.e,
A.5 asked PW.122 to take care of A2 in Hyderabad, as A2 was coming from
Pune to Hyderabad. There are several missing links in this case so far A5 is concerned and the chain of circumstance is not complete and it further failed to establish the prior meeting of minds or conspiracy of A5 with other accused.
Though the presence of A5 stated by PW.122 when A2 and A3 gave extra judicial confession but they did not refer his name as one of the conspirators.
Though PW.66 stated in his chief examination about the role of A5 also, but during course of cross examination he admitted that he did not state in any of his statements about involvement of A5. Of course PW.122 denied suggestion by the learned counsel for the accused that A5 has no nexus with other accused, but the 210SC 2/2011 Gokul Chat same by itself cannot be taken into consideration without independent corroboration by the other witnesses. The Court also cannot ignore that in case the accused No.5 is convicted of the offence of conspiracy, He will be visited with serious consequences in the nature of severe punishment. I do not think such fragile piece of evidence is sufficient to prove the charges against A5.
334. In so far as A6 is concerned, there is no whisper with regard to role of A6 and the prosecution failed to establish that he has any criminal conspiracy or common intention with that of A2, A3 & A1 in carrying out the blasts.
335Summary:In this case the prosecution established that there is common intention and conspiracy between A2 and A3 and absconding accused No.1 to take revenge against the blasts of Mecca Masjid and to threaten the unity, integrity, security or sovereignty of India by causing large scale murders of innocent people by exploding bombs and in pursuance of the same, they decided to wage war against the Government of India by carrying out series of blasts and in consequence of the same, A1 planted IED (time bomb) at Gokul Chat Bhandar, Koti, Hyderabad, with the common intention and conspiracy of A2 & A3 and absconding accused
No.1, and caused death of 31 innocent persons and attempted to cause death of 47 persons, (who had received simple and grievous injuries) besides causing damage to the property at Gokul Chat, and it was done 211SC 2/2011 Gokul Chat with intent that the same would create disharmony among the groups of religions against each other, and thereby they committed the above said offences. The prosecution established the charges against A2 & A3 with which they are charged except for the charge under Section 20 of Unlawful
Activities (Prevention) Act, 1967. The accused No.5 & A6 are found not guilty for the charges framed against them. Crl. MP. No. 376 of 2018 filed by
Prosecution is allowed vide separate order. Miscellaneous applications, if any, pending in this case, shall stand closed.
336.In the result, the Accused No.2 & A3 are found guilty for the offences punishable under Sections 120(B), 302 r/w 34, r/w 120B IPC, 307 r/w 34, r/w 120B IPC, 436r/w 34, r/w 120B IPC, 121A r/w 34, r/w 120B IPC and 153A r/w 34, r/w 120B of IPC, Sections 3 & 5 of Explosive
Substances Act, 1908 r/w 34, r/w 120B IPC, and Sections 13(1)(a)(b) r/w 34, r/w 120B IPC, 16(1)(a)(b) r/w 34, r/w 120B IPC, and 18 of the
Unlawful Activities (Prevention) Act, 1967 r/w 34, r/w 120B IPC and
Section 4 of Prevention of Damage to Public Property Act, 1984 r/w 34, r/w 120B IPC and accordingly they are convicted for the said offences under Section 235(2) Cr.P.C.
However, A2 & A3 are found not guilty for the offence under Section 20 of the Unlawful Activities (Prevention) Act and they are acquitted under
Section 235(1) CrP.C for the said offence.
The accused No.5 & A6 are found not guilty for the offences 212SC 2/2011 Gokul Chat punishable under Sections 120(B), 302, 307, 436, 121A and 153A of IPC,
Sections 3 & 5 of Explosive Substances Act, 1908 and Sections 13(1)(a)(b), 16, 18 and 20 of the Unlawful Activities (Prevention) Act, 1967 and Section 4 of Prevention of Damage to Public Property Act, 1984 and accordingly A5 & A6 are acquitted for the said offences under Section 235(1) Cr.P.C. A5 & A6 shall be set at liberty if they are not required in any other case or cases.
Directly typed to my dictation by Stenographer – Gr.1, corrected and pronounced by me in the open court on this the 4th day of September, 2018.
FAC. II Addl Metropolitan Sessions Judge at Hyderabad for trial of Cases filed Counter Terrorist Operations (OCTOPUS P.S.)
COURT RESUMED ON 10TH DAY OF SEPTEMBER, 2018 (SC 2/2011)
307.SENTENCE ORDER:
01.Learned Special Public Prosecutor and the denfence counsel are heard on the point of sentence. This Court heard the accused individually on the point of sentence.
02.In this case there are four offences U/Sec.120B r/w.302 IPC, 302
IPC, Section 3 of Explosive Substances Act, U/Sec.16 of Unlawful Activities (Prevention) Act for which the accused may be visited with death sentence or life imprisonment with fine.
03.The accused are examined on quantum of sentence and they submitted as follows:
213SC 2/2011 Gokul Chat
Accused Anik Shafique Sayeed @ Anique @ Khaled stated that I have
already completed 10 years in the jail. Basing on fabricated documents I
have been prosecuted. During the 10 years period of my remand, I have
behaved properly in the jail. Apart from that as I mentioned in my S.313
Cr.P.C. examination by my written statement, I have been falsely implicated
in the case. The real persons who perpetrated the offence have to be
brought to the justice. I am also victim along with 43 persons who have
died. We need to go into the root cause.
Accused Mohd. Akabar Ismail Chowdhari @ Sayeed @ Yakub@
Vinod Patil, stated that I have already completed 10 years in the jail. I have
old aged parents. My parents are suffering from cancer. I am also victim in
this case. I may be awarded lesser punishment.
A2:
04.The learned Special Public Prosecutor submitted common arguments in all the three cases contending that these case come under the category of "rarest of rare cases". 44 persons have died. Several injuries persons are stilling suffering with amputations and some are bedridden and depending upon the mercy of their parents and other family members for attending even for their nature calls. The accused are responsible for planning and carrying out several bomb blasts throughout India over the years resulting in several hundred deaths of innocent Indians, women children and men leaving apart several others injured. Absolutely they do not deserve any leniency. They acted like killing machines on innocent people. There are aggravating circumstances. There are no mitigating circumstances except age of the accused which cannot be considered in view of the decision of the case of Mukesh and another vs State of
NCT, Delhi and others reported in (2017) 6 Supreme Court Cases. Even if there 214SC 2/2011 Gokul Chat are any mitigating circumstances that like young age of victims, dependents and ailing parents, post crime remorse and good behaviour in jail and absence of criminal antecedents, aggravating circumstances outweighed them and warranting death sentence.
05.The learned Special Public Prosecutor relied upon a decision reported in 2012 (3) SCC (Cri) 481 Mohammed Ajmal Mohammed Amir Kasab @
Abu Mujahid Vs. State of Maharashtra wherein it was held that "the preparation and training for the execution was as thorough as the execution was ruthless. In terms of loss of life and property, and more importantly in its traumatizing effect, this case stands alone, or it is at least the very rarest of rare before this Court since the birth of the Republic. Therefore, it should also attract the rarest of rare punishment." and prayed for capital punishment.
06.He relied upon another decision reported in 2011 (2) SCC (Cri) 626
Md.Mannan @ Abdul Mannan Vs. State of Bihar wherein it was held that "When the crime is committed in an extremely brutal, grotesque, diabolical, revolting or dastardly manner so as to arouse intense and extreme indignation of the community and when collective conscience of the community is petrified, one has to lean towards the death sentence." In the present case on hand also certainly the crime is committed in an extremely brutal, grotesque, diabolical, revolting or dastardly manner, hence this decision is applicable to the present case on hand.
07.He also relied upon another decision reported in 1994 SCC (Cri) 555, Bheru Kalyan wherein it was observed that in Dhananjoy Chatterjee Vs. West
Bengal State the Hon'ble Supreme Court observed that "Justice demands that courts should impose punishment befitting the crime so that the Courts reflect public abhorrence of the crime. The courts must not only keep in view the rights of the criminal but also the rights of the victims of crime and the society at large 215SC 2/2011 Gokul Chat while considering imposition of appropriate punishment." There is no dispute with regard to the ratio laid down in this decision.
08.He also relied upon another decision reported in 2012 (2) SCC (Cri) 766, Mohd Arif @ Ashfaq Vs. State of NCT of Delhi wherein it was held that "It was a thought out insult offered to question the sovereignty of this great nation by foreign nationals. Therefore, this case becomes a rarest of rare case. This was nothing but an undeclared war by some foreign mercenaries like the present appellant and his other partner in conspiracy Abu Shamal and some others who either got killed or escaped. In conspiring to bring about such kind of attack and then carrying out their nefarious activities in systematic manner to make an attack possible was nothing but an attempt to question the sovereignty of India.
Therefore, even without any reference to any other case law, we held this case to be the rarest of rare case." In the present case on hand also the accused developed the mindset of foreign terrorists who became enemies to the society.
09.He also relied upon a decision reported in 2009 (1) SCC (Cri) 353
Bantu Vs. State of Uttar Pradesh wherein it was held that "What is culled out from the decisions noted above is that while deciding the question as to whether the extreme penalty of death sentence is to be awarded, a balance sheet of aggravating and mitigating circumstances has to be drawn up." There is no dispute with regard to the ratio laid down in this decision.
10.At this stage it is settled law to decide whether to impose the extreme penalty of death sentence or to give alternative punishment of life imprisonment, one has to consider both mitigating and aggravating circumstances:
11.On this aspect, the Hon'ble Supreme Court in Bachan Singh Vs. State of Punjab reported at AIR 1980 S.C. 898 held that “204. Dr.Chitaley has suggested 216SC 2/2011 Gokul Chat these mitigating factors : “Mitigating circumstances: In the exercise of its discretion in the above cases, the Court shall take into account the following circumstances: (1) That the offence was committed under the influence of extreme mental or emotional disturbance.
(2)The age of the accused. If the accused is young or old, he shall not be sentenced to death.
(3) The probability that the accused would not commit criminal acts of violence as would constitute a continuing threat to society.
(4) The probability that the accused can be reformed and rehabilitated. The State shall by evidence prove that the accused does not satisfy the conditions 3 and 4 above.
(5) That in the facts and circumstances of the case the accused believed that he was morally justified in committing the offence.
(6) That the accused acted under the duress or domination of another person.
(7) That the condition of the accused showed that he was mentally defective and that the said defect impaired his capacity to appreciate the criminality of his conduct.”
12.Per contra, the learned counsel for the accused Sri Gurumurthy submitted common arguments in all the three cases, that when the accused are acquitted under Section 20 of the Unlawful Activities (Prevention) Act, the accused are not terrorists and therefore the accused cannot be meted out with death penalty, and that they had no intention to commit the offence and keeping in view the age of the accused, there are mitigating circumstances to award lesser punishment and it is not a rarest of rare cases, and in fact the accused are also victims and the prosecution produced weak piece of evidence on which death 217SC 2/2011 Gokul Chat penalty cannot be awarded. The father of accused worked in Postal Department and there was no previous or subsequent misconduct of the accused even prior to 2009 or after 2009 to till their arrest no material against the accused is shown.
He relied upon the following citations.
1) Mulla and another reported in (2010) 2 Supreme Court Cases (Cri) 1150, wherein it was held that “It is settled legal position that the punishment must fit the crime. It is the duty of the court to impose proper punishment depending upon the degree of criminality and desirability to impose such punishment” and in the above citation, Bacchan Singh and Macchi Singh cases are referred.
2) 1972 Crl.L.J. 291 Balwant Singh Vs. State of Punjab, that “On the facts of this case, it is true that the appellant had a motive to commit the murder and his intention to kill the deceased . His conviction under
Section 302 IPC was justified but the facts found were not such as to enable the
Court to say that there were special reasons for passing the sentence of death in this case.”
But in the present case on hand, there is motive on the part of the accused to take revenge for the blasts of Mecca Masjid.
3)1979 Crl.L.J 8141, Bishnu Deo Shaw Vs. State, “We have examined the facts of the case. We find some vague evidence to the effect that the appellant suspected that the deceased was not his own son and that he used to get angry with the deceased for not obeying him. There is also vague evidence that he had killed the mother of the deceased and had suffered sentence of imprisonment for that offence.
But in the present case in hand, the evidence is not vague. In all the three cases, the accused persons and the absconding accused Riyaz Bhatkal who planted 218SC 2/2011 Gokul Chat the bag contained IED which is high explosive and comes under the special category, were identified by the witnesses and therefore the above decision is not applicable. All the circumstances established beyond all reasonable doubt about the guilt of the accused.
At this stage, the learned counsel for accused Anif vehemently contended that if the absconding accused Riyaz Bhatkal arrested and admits guilty that he alone committed the offence, then what would be the fate of these two accused persons Anik and Akber.
But in the present case on hand, eye witnesses have categorically identified the accused who planted the IED high explosive bombs,i.e, Riyaz Bhatka at Gokul
Chat on icre cream making machine, Anik in the Lumbini Park and Akber near
Foot over Bridge, Dilsukhnagar. In view of the above, the said argument of the counsel for the accused has no legs to stand.
4)AIR 1976 CRI.L.J 1716, Ambaram Vs. The state, wherein it was held tha “Life imprisonment is a a rule and the death sentence is an exception.
There is no dispute with regard to the above citation, but this case comes under an exception but these two cases are rarest of rare cases.
5)Ramnaresh Vs. State of Chattisgarh, 2012 Law Suits (SC 143) wherein, it relied upon Macchi Singh case.
12.In the present case on hand, this offence was not committed under the influence of extreme mental or emotional disturbance but it was committed with perplanning by choosing the places where more number of people are gathered so that the damage to the lives and property more and more, and that 219SC 2/2011 Gokul Chat too after making Recce.
13.In so far as the age of the accused is concerned, even though they are young but this circumstance alone could not come to their rescue after balancing aggravating circumstances because their ideology of taking revenge on the innocent persons of a particular community is very dangerous to the society
14.In so far as the conduct of the accused is concerned, they are involved in several crimes of similar nature, therefore there is probability that the accused could commit the similar crime, if they are given a chance of life imprisonment.
15.In so far as the reformation and rehabilitation of the accused is concerned, the defence counsel Sri Raji Reddy submitted that the accused had no intention to commit the offences but they acted like robos and they were directed by the external influence.
16.In so far as fifth point is concerned, there is no material to show that the accused are justified in killing 44 persons and causing simple and grievous injuries to several persons and there is no material to show that the accused acted under duress or domination of another person and their mentality is to kill the innocent persons under the guise of taking revenge for the Mecca Masjid blasts.
17.Hon'ble Supreme Court of India in Machhisingh Vs. State of Punajb reported at AIR 1983 S.C. 957 held that that a balancesheet of aggravating and mitigating circumstances shall be drawn before taking any decision on the point of sentence. However, in the present case there are no mitigating except the age, circumstances which may call for preparing a balance sheet of aggravating and mitigating circumstances. The observations made by the Hon'ble Supreme Court 220SC 2/2011 Gokul Chat in that case at para32 are also worth noting which reads as under : “32. The reasons why the community as a whole does not endorse the humanistic approach reflected in "death sentence in no case" doctrine are not far to seek. . In the first place, The very humanistic edifice is constructed on the foundation of "reverence for life" principle. When a member of the community violates this very principle by killing another member, the society may not feel itself bound by the shackles of this doctrine. Secondly, it has to be realised that every member of the community is able to live with safety without his or her own life being endangered because of the protective arm of the community and on account of the rule of law enforced by it. The very existence of the rule of law and the fear of being brought to book operates as a deterrent to those who have no scruples in killing others if it suits their ends. Every member of the community owes a debt to the community for this protection. When ingratitude is shown instead of gratitude by 'killing' a member of the community which protects the murderer himself from being killed, or when the community feels that for the sake of self preservation the killer has to be killed, the community may well withdraw the protection by sanctioning the death penalty. But the community will not do so in every case. It may do so (in rarest of rare cases) when its collective conscience is so shocked that it will expect the holders of the judicial power centre to inflict death penalty irrespective of their personal opinion as regards desirability or otherwise of retaining death penalty. The community may entertain such a sentiment when the crime is viewed from the platform of the motive for, or the manner of commission of the crime, or the antisocial or abhorrent nature of the crime, such as for instance:
I. Manner of Commission of Murder, When the murder is committed in an
extremely brutal, grotesque, diabolical, revolting, or dastardly manner so as
to arouse intense and extreme indignation of the community. For instance.(i) 221SC 2/2011 Gokul Chat
When the house of the victim is set aflame with the end in view to roast him alive in the house,
(ii) When the victim is subjected to inhuman acts of torture or cruelty in order to bring about his or her death.
(iii) When the body of the victim is cut into pieces or his body is dismembered in a fiendish manner.
II. Motive for commission of murder: When the murder is committed for a motive which evinces total depravity and meanness. for instance when (a) a hired assassin commits murder for the sake of money or reward; (b) a coldblooded murder is committed with a deliberate design in order to inherit property or to gain control over property of a ward or a person under the control of the murderer or visavis whom the murderer is in a dominating position or in a position of trust; (c) a murder is committed in the course for betrayal of the motherland.
III. Antisocial or socially abhorrent nature of the crime. (a) When murder of a member of a Scheduled Caste or minority community etc., is committed not for personal reasons but in circumstances which arouse social wrath. For instance when such a crime is committed in order to terrorize such persons and frighten them into fleeing from a place or in order to deprive them of, or make them surrender, lands or benefits conferred on them with a view to reverse past injustices and in order to restore the social balance.
(b) In cases of 'bride burning' and what are known as 'dowrydeaths' or when murder is committed in order to remarry for the sake of extracting dowry once again or to marry another woman on account of infatuation.
IV.Magnitude of crime: When the crime is enormous in proportion. For instance when multiple murders say of all or almost all the members of a family or 222SC 2/2011 Gokul Chat a large number of persons of a particular caste, community, or locality, are committed.
V.Personality of victim of murder: When the victim of murder is (a) an innocent child who could not have or has not provided even an excuse, much less a provocation, for murder. (b) a helpless woman or a person rendered helpless by old age or infirmity. (c) when the victim is a person visavis whom the murderer is in a position of domination or trust, (d) when the victim is a public figure generally loved and respected by the community for the services rendered by him and the murder is committed for political or similar reasons other than personal reasons.
18.In the present case on hand also the crime is committed in an extremely brutal, grotesque, diabolical, revolting, or dastardly manner so as to arouse intense and extreme indignation of the community. There is motive to the accused persons to commit this crime under the guise of taking revenge for the
Mecca Masjid blasts and the said crime is antisocially abhorrent nature and the crime is enormous in proportion causing multiple murders of 43 persons and and injures to several persons and all the victims are innocent they have never might have seen these accused persons and there was no provocation for commission of this crime. Therefore the above decision is applicable to this case.
19.Hon'ble Supreme Court in Ankush Maruti Shinde Vs. State of
Maharashtra reported at AIR 2009 2609, para14 observed that "The law regulates a social interests, arbitrates conflicting claims and demands. Security of persons and property of the people is an essential function of the State. It could be achieved through instrumentality of criminal law. Undoubtedly, there is a cross cultural conflict where living law must find answer to the new challenges and the courts are required to mould the sentencing system to meet the challenges. The 223SC 2/2011 Gokul Chat contagion of lawlessness would undermine social order and lay it in ruins.
Protection of society and stamping out criminal proclivity must be the object of law which must be achieved by imposing appropriate sentence. Therefore, law as a cornerstone of the edifice of "order" should meet the challenges confronting the society. Friedman in his "Law in Changing Society" stated that, "State of criminal law continues to be as it should be a decisive reflection of social consciousness of society". Therefore, in operating the sentencing system, law should adopt the corrective machinery or the deterrence based on factual matrix. By deft modulation sentencing process be stern where it should be, and tempered with mercy where it warrants to be. The facts and given circumstances in each case,
the nature of the crime, the manner in which it was planned and committed,
the motive for commission of the crime, the conduct of the accused, the
nature of weapons used and all other attending circumstances are relevant
facts which would enter into the area of consideration. For instance a murder
committed due to deepseated mutual and personal rivalry may not call for
penalty of death. But an organised crime or mass murders of innocent people
would call for imposition of death sentence as deterrence. In the present case on hand also the crime is a preplanned with motive and in so far as conduct of the accused is concerned, and the place of offence where they chose is a densely populated place attracting attention of the people countrywide. The accused used metallic balls in the IED (time bomb) preparation and choosing of the said mettalic balls was that the each metallic ball would splinter like bullets from machine gun and those balls went into the bodies of innocent persons at different parts of their bodies, aggravating the damage to body. The selection of metallic balls by the accused while exploding explosive would go to show that they had evil intention of kill innocent persons without their sin and the ultimately their 224SC 2/2011 Gokul Chat aim was to murder more number of innocent persons and cause huge loss to the property and persons. Therefore, sentence of extreme penalty of death is warranted.
20.In Mahesh v. State of M.P. (1987) 2 SCR 710, this Court while refusing to reduce the death sentence observed thus :AIR 1987 SC 1346, Para 6 "It will be a mockery of justice to permit the accused to escape the extreme penalty of law when faced with such evidence and such cruel acts. To give the lesser
punishment for the accused would be to render the justicing system of the
country suspect. The common man will lose faith in courts. In such cases, he
understands and appreciates the language of deterrence more than the
reformative jargon." In addition to this, one may also take note of observations of Apex Court in the matter of Dhananjay Chatterjee @ Dhana Vs. State of W.B.
reported at 1994 (2) S.C.Cases 626, para15: “15. In our opinion, the measure of punishment in a given case must depend upon the atrocity of the crime; the conduct of the criminal and the defenceless and unprotected state of the victim.
Imposition of appropriate punishment is the manner in which the courts respond to the society's cry for justice against the criminals. Justice demands that courts should impose punishment fitting to the crime so that the courts reflect public abhorrence of the crime. The courts must not only keep in view the rights of the criminal but also the rights of the victim of crime and the society at large while considering imposition of appropriate punishment.” (Emphasis supplied). In the present case on hand also in the interest of justice from the angle of the society death punishment is inevitable.
21.It was held by Hon'ble Supreme Court of India in Gurvail Singh @
Gala And Anr vs State Of Punjab on 7 February, 2013 that “To award death 225SC 2/2011 Gokul Chat
sentence, the aggravating circumstances (crime test) have to be fully
satisfied and there should be no mitigating circumstance (criminal test)
favouring the accused. Even if both the tests are satisfied as against the
accused, even then the Court has to finally apply the Rarest of Rare Cases
test (RR Test), which depends on the perception of the society and not
judgecentric, that is whether the society will approve the awarding of death
sentence to certain types of crime or not. While applying this test, the Court
has to look into variety of factors like society's abhorrence, extreme
indignation and antipathy to certain types of crimes like rape and murder of minor girls, especially intellectually challenged minor girls, minor girls with physical disability, old and infirm women with those disabilities etc. examples are only illustrative and not exhaustive. Courts award death sentence, because situation demands, due to constitutional compulsion, reflected by the will of the people, and not Judge centric. ” In the present case on hand also there are several aggravating circumstances to cause death penality and the mitigating circumstance is the age of the accused which does not overcome the aggravating circumstances.
22.Hon'ble Supreme Court of India held in Sangeet & Anr vs State Of
Haryana on 20 November, 2012 that 22. The Constitution Bench observed that under the old Code, both the sentence of death and the sentence of imprisonment for life provided under Section 302 of the IPC could be imposed after weighing the aggravating and mitigating circumstances of the particular case. However, in view of Section 354(3) of the Cr.P.C. a punishment of imprisonment for life should normally be imposed under Section 302 of the IPC but a sentence of death could be imposed as an exception. Additionally, as per the legislative requirement if a sentence of death is to be awarded, special reasons need to be recorded. In a 226SC 2/2011 Gokul Chat sense, the legislative policy now virtually obviated the necessity of balancing the aggravating and mitigating circumstances of the crime for the award of punishment in respect of an offence of murder (although aggravating and mitigating circumstances are repeatedly referred to in the judgment, including as relevant circumstances that must be given great weight). Therefore, the
Constitution Bench (after a discussion in paragraphs 161 and 162 of the Report) adjusted and attuned proposition (iv)(a) by deleting the reference to balancing all the aggravating and mitigating circumstances of the crime to read as follows: (a)
The normal rule is that the offence of murder shall be punished with the
sentence of life imprisonment. The court can depart from that rule and
impose the sentence of death only if there are special reasons for doing so.
Such reasons must be recorded in writing before imposing the death
sentence. In the present case on hand also after balancing the aggravating and mitigating circumstances no prudent person will impose a lesser punishment of life imprisonment because of life imprisonment is foreclosed.
23.Hon'ble Supreme Court of India in Om Prakash vs State Of Haryana on 22 February, 1999 held that “Hence it is settled law that sentence of death should be reserved for rarest of the rare cases where sentence of imprisonment of life would be inadequate. In each case for finding out whether it is rarest of the rare cases, the Court has to balance the aggravating and mitigating circumstances.
From the evidence on record, it is apparent that the accused had committed
gruesome murders of innocent persons. There is no doubt that it is pre
meditated and in a well thought out manner. In the present cases on hand also the twin blasts committed by the accused is a premeditated and well thought manner. If IED bomb placed at Dilsukhnagar was exploded, more number of deaths would have caused.
227SC 2/2011 Gokul Chat
24.Hon'ble Supreme Court of India in Mohan & Ors vs State Of Tamil
Nadu on 12 May, 1998 held that “In Bachan Singh etc. etc. vs. State of Punjab etc.
etc. (1980) 2 SCC 684, the Constitution Bench while upholding the constitutional validity of imposition of death penalty for murder came to hold that it is not possible to lay down standards and norms for imposition of death penalty as the degree of culpability cannot be measured in each case; and secondly, criminal cases cannot be categorised, there being infinite unpredictable and unforeseeable variations, and thirdly, on such categorisation, the sentencing process will cease to be judicial; and fourthly, such standardisation or sentencing discretion is a policy matter belonging to the legislature beyond the court's function. Yet what could be reasonably culled out to be guidelines from the aforesaid decision:
(i) The extreme penalty of death need not be inflicted except in gravest cases of extreme culpability.
(ii) Before opting for the death penalty the circumstances of the `offender'
also require to be taken into consideration along with the circumstances of
the `crime'.
(iii) Life imprisonment is the rule and death sentence is an exception. Death sentence must be imposed only when life imprisonment appears to be an altogether inadequate punishment having regard to the relevant circumstances of the crime, and provided, and only provided, the option to impose sentence of imprisonment for life cannot be conscientiously exercised having regard to the nature and circumstances of the crime and all the relevant circumstances.
(iv) A balancesheet of aggravating and mitigating circumstances has to be drawn up and in doing so the mitigating circumstances have to be accorded full weightage and a just balance has to be struck between the aggravating and the mitigating circumstances before the option is exercised. In Machhi Singh and 228SC 2/2011 Gokul Chat others vs. State of Punjab (1983) 3 Supreme Court Cases 470, three learned
judges of this Court came to hold that the observation of the Constitution Bench in
Bachan Singh's case (supra) that the death sentence should be given in rarest of rare cases has to be examined in the facts of the individual case in the context of relevant guidelines. Their Lordships indicated that when the murder is
committed in an extremely brutal, grotesque, diabolical, revolting, or
dastardly manner so as to arouse intense and extreme indignation of the
community it would be a rarest of rare cases. This case also comes under gravest cases of extreme culpability.
25.Nobody on this Earth is above the rule of Law and nobody has right to take away the life of another human being because he cannot create the same person as easily as destroyed. The principle of India is “live and let live” which is contrary to the principle of terrorism. Therefore such offences have to be punished with extreme penalty.
26.In the present case only mitigating circumstance is age of the accused. But the only one mitigating circumstance cannot weigh against numerous aggravating circumstances. It hardly can tilt the balance in favour of the accused. The crimes committed by the accused are barbaric or inhuman, diabolic and in my view the accused have shown extreme depravity while committing the twin blasts. The court has already given a finding that the offences have been committed with common intention and conspiracy, that too after conducting recce. In so far as the argument of the defence counsel that the accused No.1, is concerned, when the accused are acquitted under Section 20 of the Unlawful Activites (prevention) Act, the accused can be taken lenient view because they are not terrorists nor belong to any terrorist outfit. It is true that the accused are acquitted under Section 20 of the unlawful Activities (Prevention) 229SC 2/2011 Gokul Chat
Act, but it is not because they do not belong to any terrorist gang the offence on which date was committed, Indian Mujahidden was not declared as banned organised terrorist outfit. Even otherwise, the acts of the accused constitute terrorist act because it called several persons.
27.Moreover the accused have similar mindset with that of other absconding accused. The modus operandi of the accused would disclose that they were well trained for waging war against this Country. In this case the accused did not act on provocation and nor did they act in spur of the moment but meticulously executed a deliberately planned crimes in spite of understanding the probable consequence of their act, the death sentence shall be the most appropriate punishment. This Court also considered the preplanned and barbaric nature of the crime, the diabolical manner in which it was committed and the extreme brutality involved as aggravating circumstances against the accused. I am of the sincere opinion that only the maximum punishment will send the right message to society and also to likeminded persons. To show leniency or mercy in a case of such henious crime and upon the accused, who have shown no repentance or remorse after exhibiting extreme depraved mentality. Therefore this Court has to award death penalty to the accused as they do no deserve any sympathy for the offences U/Sec.120B r/w.302, 302 of Indian Penal Code and
U/Sec.3 (b) of Explosive Substances Act, Under Section 16 of Unlawful Activities (Prevention) Act, 1967 as this case comes within the ambit of rarest of rare cases and the alternative option for life imprisonment is unquestionably foreclosed.
28.In so far as the disposal of the property under section 452 Cr.P.C is concerned, the case against the absconding accused is still pending, hence all the material objects shall be preserved.
:: SENTENCE ORDER ::
230SC 2/2011 Gokul Chat
29.The Accused No.2 Anik Shafique Sayeed @ Anique @ Khaled @ Ashfaq, S/o. Shafique Sayeed, is sentenced to Death and further sentenced to pay fine of Rs.10,000/ in default to suffer Simple Imprisonment for one month for the offence punishable U/Sec.120B r/w.302 Indian Penal Code. He shall be hanged by neck till he is dead.
He is further sentenced to Death and further sentenced to pay fine of
Rs.10,000/ in default to suffer Simple Imprisonment for one month for the offence punishable U/Sec.302 r/w 34 and r/w 120B Indian Penal Code. He shall be hanged by neck till he is dead
He is further sentenced to undergo Imprisonment for Life and further sentenced to pay fine of Rs.10,000/ in default to suffer SI for one month for the offence punishable U/Sec.121A r/w 34 r/w 120B of Indian Penal Code.
He is further sentenced to undergo Imprisonment for Life and further sentenced to pay fine of Rs.10,000/ I/d SI for one month for for the offence punishable U/Sec.307 r/w 34 r/w 120B Indian Penal Code . Heisfurther sentenced to undergo Imprisonment for Life and further sentenced to pay fine of
Rs.10,000/ in default to suffer SI for one month for the offence punishable
U/Sec.436 r/w 34 r/w 120B Indian Penal Code.
He is further sentenced to undergo Rigorous Imprisonment for three years and further sentenced to pay fine of Rs.10,000/ in default to suffer SI for one month for the offence punishable U/Sec.153A r/w 34 r/w 120B Indian Penal
Code.
He is further sentenced to Death and further sentenced to pay fine of
Rs.10,000/ in default to suffer Simple Imprisonment for one month for the offence punishable U/Sec.3 (b) of Explosive Substances Act r/w 34 r/w 120B 231SC 2/2011 Gokul Chat
IPC.
He is further sentenced to undergo Imprisonment for Life and further sentenced to pay fine of Rs.10,000/ in default to suffer SI for one month for the offence punishable U/Sec.5 of Explosive Substances Act r/w 34 r/w 120B IPC.
He is further sentenced to undergo Rigorous Imprisonment for seven years and further sentenced to pay fine of Rs.10,000/ in default to suffer SI for one month for the offence punishable under Section 13 (1)(a)(b) of the Unlawful
Activities (Prevention) Act r/w 34 r/w 120B IPC.
He is further sentenced to undergo Death and further sentenced to pay fine of Rs.10,000/ I/d SI for one month for the offence punishable U/Sec.16 of
Unlawful Activities (Prevention) Act, 1967 r/w 34 r/w 120B IPC. He shall be hanged by neck till he is dead.
He is further sentenced to undergo Imprisonment for Life and further sentenced to pay fine of Rs.10,000/ I/d SI for one month for the offence punishable U/Sec.18 of Unlawful Activities (Prevention) Act, 1967 r/w 34 r/w 120B IPC.
He is further sentenced to undergo Rigorous Imprisonment for 2 years and further sentenced to pay fine of Rs.10,000/ IDSI for one month for the offence punishable U/Sec.4 of Public Property Damages Act r/w 34 r/w 120B of Indian
Penal Code
30. A3 Mohd. Akabar Ismail Chowdhari @ Sayeed @ Vinod Patil, is sentenced to Death and further sentenced to pay fine of Rs.10,000/ in default to suffer
Simple Imprisonment for one month for the offence punishable U/Sec.120B r/w.302 r/w 34 Indian Penal Code. He shall be hanged by neck till he is dead.
He is further sentenced to Death and further sentenced to pay fine of
Rs.10,000/ in default to suffer Simple Imprisonment for one month for the 232SC 2/2011 Gokul Chat offence punishable U/Sec.302 r/w 34 and 120B Indian Penal Code. He shall be hanged by neck till he is dead
He is further sentenced to undergo Imprisonment for Life and further sentenced to pay fine of Rs.10,000/ in default to suffer SI for one month for the offence punishable U/Sec.121A r/w 34 and 120B IPC of Indian Penal Code.
He is further sentenced to undergo Imprisonment for Life and further sentenced to pay fine of Rs.10,000/ id SI for one month for for the offence punishable U/Sec.307 r/w 34 and 120B Indian Penal Code .
He is further sentenced to undergo Imprisonment for Life and further sentenced to pay fine of Rs.10,000/ in default to suffer SI for one month for the offence punishable U/Sec.436 r/w 34 and 120B Indian Penal Code.
He is further sentenced to undergo Rigorous Imprisonment for three years and further sentenced to pay fine of Rs.10,000/ in default to suffer SI for one month for the offence punishable U/Sec.153A r/w 34 and 120B Indian Penal
Code.
He is further sentenced to Death and further sentenced to pay fine of
Rs.10,000/ in default to suffer Simple Imprisonment for one month for the offence punishable U/Sec.3 (b) of Explosive Substances Act r/w 34 and 120B
IPC. He shall be hanged by neck till he is dead punishable
He is further sentenced to undergo Imprisonment for Life and further sentenced to pay fine of Rs.10,000/ in default to suffer SI for one month for the offence punishable U/Sec.5 of Explosive Substances Act r/w 34 and 120B IPC.
233SC 2/2011 Gokul Chat
He is further sentenced to undergo Rigorous Imprisonment for seven years and further sentenced to pay fine of Rs.10,000/ in default to suffer SI for one month for the offence punishable under Section 13 (1)(a)(b) of the Unlawful
Activities (Prevention) Act r/w 34 and 120B IPC.
He is further sentenced to undergo Death and further sentenced to pay fine of Rs.10,000/ I/d SI for one month for the offence punishable U/Sec.16 of
Unlawful Activities (Prevention) Act, 1967 r/w 34 and 120B IPC. He shall be hanged by neck till he is dead.
He is further sentenced to undergo Imprisonment for Life and further sentenced to pay fine of Rs.10,000/ I/d SI for one month for the offence punishable U/Sec.18 of Unlawful Activities (Prevention) Act, 1967 r/w 34 and 120B IPC.
He is further sentenced to undergo Rigorous Imprisonment for 2 years and further sentenced to pay fine of Rs.10,000/ IDSI for one month for the offence punishable U/Sec.4 of Public Property Damages Act r/w 34 and 120B IPC.
All the sentences viz., in SC No.1/2011, 2/2011 and SC 3/2011 shall run concurrently.
VICTIM COMPENSATION
34.It is brought to my notice that the injured persons did not receive sufficient compensation from the Government, hence sufficient compensation may be granted for them.
35.In this case there are 21 victims out of which 17 are victims who sustained grevious injuries are entitled for compensation from District Legal
Services Authority. Therefore, the Metropolitan Legal Services Authority is 234SC 2/2011 Gokul Chat requested to decide the quantum of compensation to be awarded under the scheme referred to in SubSection 1 of section 357A of Cr.P.C. The fine amount paid by the accused also can be utilized for compensation of the victims. The list of victims of greviously injured who are entitled for compensation from District
Legal Services Authority is given below:
36.In this case there are 79 victims, out of which 47 are victims who sustained simple and grevious injuries are entitled for compensation from District
Legal Services Authority. Therefore, the Metropolitan Legal Services Authority is requested to decide the quantum of compensation to be awarded under the scheme referred to in SubSection 1 of section 357A of Cr.P.C. The fine amount paid by the accused also can be utilized for compensation of the victims. The list of victims of greviously injured who are entitled for compensation from District
Legal Services Authority is given below:
S.No.Name of the injuredNature of Injury Place of injury
1.Puneet Vijay WargiGrievous GokulChatBhandar, Koti,Hyd.
2.Naval Kishore Vijay Grievous GokulChatBhandar, WargiKoti,Hyd.
3.Gulab Chand VijaySimpleGokulChatBhandar, WargiKoti,Hyd.
4.Vijay Kumar YadavsimpleGokulChatBhandar, Koti,Hyd.
5.Rajesh Kumar VijayinjuryGokulChatBhandar, WargeeKoti,Hyd.
6.Dr. Mohd. Ahmed Grievous GokulChatBhandar, Mohiuddin Ali KhanKoti,Hyd.
7.Ch. Narender KumarsimpleGokulChatBhandar, Koti,Hyd.
235SC 2/2011 Gokul Chat
8.A. Laxmi Narayana Grievous GokulChatBhandar, Koti,Hyd.
9.Smt. S. VimalasimpleGokulChatBhandar, Koti,Hyd.
10.Smt. A. Pushpa Grievous GokulChatBhandar, Koti,Hyd.
11.S. Praveen KumarSimpleGokulChatBhandar, Koti,Hyd.
12.A. SridharSimpleGokulChatBhandar, Koti,Hyd.
13.Kum. Asmathunnisa Grievous GokulChatBhandar, Koti,Hyd.
14.D. Satyanarayana Grievous GokulChatBhandar, Koti,Hyd.
15.Pawan AgarwalsimpleGokulChatBhandar, Koti,Hyd.
16.D. Shiva Shankar Rao Grievous GokulChatBhandar, Koti,Hyd.
17.M.A Baqui @ Babu Bhai Grievous GokulChatBhandar, Koti,Hyd.
18.Smt. Ch. Shravanthi Grievous GokulChatBhandar, Koti,Hyd.
19,.Vengal Das Srinivas Grievous GokulChatBhandar, Koti,Hyd.
20.Vittal Rao Grievous GokulChatBhandar, Koti,Hyd.
21.G. Sadashiva Reddy Grievous GokulChatBhandar, Koti,Hyd.
22.K. Uday KumarsimpleGokulChatBhandar, Koti,Hyd.
23.M. Suman Grievous GokulChatBhandar, Koti,Hyd.
24.N. Vamsi Chakravarthy Grievous GokulChatBhandar, Koti,Hyd.
25.G. Bala KrishnasimpleGokulChatBhandar, Koti,Hyd.
26.ThovitiNagasimpleGokulChatBhandar, 236SC 2/2011 Gokul Chat
BrahmacharyKoti,Hyd.
27.Smt. G. AnuradhasimpleGokulChatBhandar, Koti,Hyd.
28.Syed MohiuddinsimpleGokulChatBhandar, Koti,Hyd.
29.M.A. HaneefsimpleGokulChatBhandar, Koti,Hyd.
30.P. Badushah Grievous GokulChatBhandar, Koti,Hyd.
31.K.V. Sharma Grievous GokulChatBhandar, Koti,Hyd.
32.P. Rama Krishna Grievous GokulChatBhandar, Koti,Hyd.
33.Kum. G. Sri LathasimpleGokulChatBhandar, Koti,Hyd.
34.Smt. C.SunithasimpleGokulChatBhandar, Koti,Hyd.
35.Smt. C.MeenasimpleGokulChatBhandar, Koti,Hyd.
36.Khaja Rafiuddin Ahmed Grievous GokulChatBhandar, AnsariKoti,Hyd.
37.Rahamathullah@ Grievous GokulChatBhandar, RaheemKoti,Hyd.
38.Y. Srinivas Grievous GokulChatBhandar, Koti,Hyd.
39.Y. Hymavathi Grievous GokulChatBhandar, Koti,Hyd.
40.Miss. D. Prayanka Grievous GokulChatBhandar, Koti,Hyd.
41.Miss. VaishnavisimpleGokulChatBhandar, Koti,Hyd.
42.GangadharsimpleGokulChatBhandar, Koti,Hyd.
43.GundappasimpleGokulChatBhandar, Koti,Hyd.
44.Mohd. FayaZsimpleGokulChatBhandar, Koti,Hyd.
237SC 2/2011 Gokul Chat
45.Raj Kumar GuptasimpleGokulChatBhandar, Koti,Hyd.
46.RamavathChandar Grievous GokulChatBhandar, (MR)Koti,Hyd.
47.B.SrikanthSimple GokulChatBhandar, Koti,Hyd.
36.Out of the fine amount, Rs.1,00,000/ shall be given to the management of Gokul Chat Bhander, Koti, Hyderabad, represented by PW.1 towards compensation for damages to the property of Gokul Chat Bhandar towards compensation U/Sec.357 (1) Cr.P.C The rest of the amount shall be sent to the fund of the District Legal Services Authority after appeal time is over.
37.The proceedings shall be submitted to the Hon'ble High Court and sentence of death shall not be executed until it is confirmed by the Hon'ble High
Court.
38.A copy of the Judgment and sentence order shall be given to accused no.1 & 2 free of cost.
39.While concluding the judgment, it is the duty of this Court to mark and record the appreciatgion for the valuable assitance rendered by Sri Sesha
Reddy Challa, Sri K. Surender, learned Special Public Prosecutors, and the learned counsel for the accused Sri Guru Murthy, Sri D. Raji Reddy Advocate, Sri
M.A. Azeem and Sri Shaik Saifullah, Advocates and the concerned Police viz.,Sri J.
Sukhdev Singh, Inspector, Sri Panduranga Rao, SubInspector, Sri Surender
Reddy, Sri Shiva Prasad, Srikanth and their team, Jail Superintendent
Cherlapally, in conducting the proceedings smoothly. Further it is the duty of this Court to mark and record the valuable services rendered by my staff Sri R.
Chandra Sekhar, Stenographer – Grade I, Smt. Naga Susheeala, Stenographer
Gr.1, Smt. Ch. Kavitha, Bench Clerk, Sri.B. Rathan Kumar, Typist and the entire 238SC 2/2011 Gokul Chat team of the office, and other staff members of the Court for conducting the proceedings and pronouncing the judgment. It must also appreciate the wholehearted support of the stafft by not availing even their casual leaves and by remaining present even on holidays. Right to appeal is informed to accused for which they stated to have means to engage counsel to prefer appeal.
Directly typed to my dictation by Stenographer – Gr.1, corrected and
pronounced by me in the open court on this the 10th day of September, 2018.
FAC. II Addl Metropolitan Sessions Judge at Hyderabad for trial of Cases filed Counter Terrorist Operations (OCTOPUS P.S.)
APPENDIX OF EVIDENCE
WITNESSES EXAMINED ON BEHALF OF PROSECUTION:
PW.1Lal Chand Vijay Wargi (LW.1), Complainant
PW.2Puneet Vijay Wargi (LW.2), Injured
PW.3Vijay Kumar Yadav (LW.3), Injured
PW.4Gulab Chand Vijay Wargi (LW.4), Injured
PW.5Naval Kishore Vijay Wargi (LW.5), Injured
PW.6Mohd Yousuf (LW.9), Circumstantial witness
PW.7B. Laxman (LW.7), Circumstantial witness
PW.8B. Narsimhulu (LW.10), Circumstantial witness
PW.9Potluru Gurubrahma Chary, Circumstantial witness
PW.10Y.H. Suresh (LW.13), Circumstantial witness
PW.11Majahar Ali (LW.16), Circumstantial witness
PW.12P. Vijay Babu (LW.17), Circumstantial witness
PW.13Joshi Narsimha Sharma (LW.18), Circumstantial witness
PW.14Mohd Ilyas Ahmed (LW.21), Circumstantial witness
PW.15Mohd Moinuddin (LW.23), Circumstantial witness 239SC 2/2011 Gokul Chat
PW.16Shoba (LW.20), Circumstantial witness
PW.17Mohd Mansoor (LW.24), Circumstantial witness
PW.18Mohd Nabi @ Naseer (LW.26), Circumstantial witness
PW.19Kolipakala Venkateshwarlu (LW.28), Circumstantial witness
PW.20Ghousia Begum (LW.29), Circumstantial witness
PW.21Mohd Saluddin (LW.30), Circumstantial witness
PW.22Purushottam Dass (LW.31), Circumstantial witness
PW.23Anil Kumar (LW.32), Circumstantial witness
PW.24Bade Anjaiah (LW.33), Circumstantial witness
PW.25N. Ram Prasad (LW.34), Circumstantial witness
PW.26L.V. Prasad (LW.36), Circumstantial witness
PW.27Manne Sulochana (LW.38), Circumstantial witness
PW.28B. Gopal (LW.40), Circumstantial witness
PW.29T. Chandra Sekhar Rao (LW.41), Circumstantial witness
PW.30 Kasa Rajendhar (LW.46), Circumstantial witness
PW.31G.S. Gaberial (LW.47), Circumstantial witness
PW.32P. Harshavardhan (LW.48), Circumstantial witness
PW.33C. Ravi Kumar (LW.50), Circumstantial witness
PW.34G. Hari Ram (LW.121), Circumstantial witness
PW.35Ch. Narender Kumar (LW.52), Injured
PW.36A. Laxminarayana (LW.53), Injured
PW.37A. Pushpa (LW.55), Injured
PW.38S. Praveen Kumar (LW.56), Injured
PW.39A. Sridheer (LW.57), Injured
PW.40D. Sathyanarayana (LW.59), Injured
PW.41D. Shiva Shanker Rao (LW.61), Injured
PW.42Pavan Agarwal (LW.LW.60), Injured
PW.43Ch. Shravanthi (LW.63), Injured
PW.44Y. Srinivas (LW.88), Injured
PW.45Hymavathi (LW.89), Injured
PW.46G. Sadasiva Reddy (LW.66), Injured
PW.47G. Mohan Reddy (LW.67), Circumstantial Witness 240SC 2/2011 Gokul Chat
PW.48Vaishnavi (LW.91), Injured
PW.49Raj Kumar Gupta (LW.95), Injured
PW.50Mohd Fayaz (LW.94), Injured
PW.51Vengal Das Srinivas (LW.64), Injured
PW.52Vittal Rao (LW.65), Injured
PW.53Gundappa (LW.93), Injured
PW.54N. Vamsi Chakravarthi (LW.70), Injured
PW.55Ramavath Chander (LW.96), Injured
PW.56B. Srikanth (LW.97), Injured
PW.57E. Govindam (LW.99), Circumstantial witness
PW.58G. Bala Krishna (LW.71), Injured
PW.59Thoviti Naga Brahma Chary (LW.72), Injured
PW.60G. Anuradha (LW.73), Injured
PW.61Haleemuddin (LW.102), Circumstantial witness
PW.62P. Badushah (LW.76), Injured
PW.63Balaiah (LW.101), Circumstantial witness
PW.64Afreen Fathima (LW.106), Circumstantial witness
PW.65K.V. Sharma (LW.77), Injured
PW.66P. Ramakrishna (LW.78), Injured
PW.67D. Raga Prasad (LW.104), Circumstantial witness
PW.68K. Venkata Chary (LW.108), Circumstantial witness
PW.69Manne Siddi Ramuloo (LW.110), Circumstantial witness
PW.70C. Meena (LW.84), Injured
PW.71Manne Shanker (LW.111), Circumstantial witness
PW.72B. Ramchander (LW.113), Circumstantial witness
PW.73N. Nagaraju (LW.79), Circumstantial witness
PW.74K. Mallesh (LW.81), Circumstantial witness
PW.75Rahamathullah @ Raheem (LW.86), Injured
PW.76K. Pradeep (LW.165), Panch witness
PW.77T. Mariyamma (LW.118), Circumstantial witness
PW.78Lavu Shanthamma (LW.117), Circumstantial witness
PW.79Nazima (LW.115), Circumstantial witness 241SC 2/2011 Gokul Chat
PW.80S.M. Zameer Ahmad (LW.109), Circumstantial witness
PW.81M.A. Baqui @ Babu Bhai (LW.62), Injured
PW.82
PW.83
PW.84
PW.85
PW.86
PW.87
PW.88
PW.89
PW.90
PW.91
PW.92
PW.93Reza Nebatian (LW.145), Circumstantial witness
PW.94Rajendra Kumar Sharma (LW.147), Circumstantial witness
PW.95
PW.96
PW.97
PW.98G. Vipul Mota (LW.161), Panch witness
PW.99Md. Moinuddin Hasan Khan (LW.247), Asst. Director, FSL
PW.100Mohd Hasmuddin (LW.184), Panch witness
PW.101Mohd Jahangir (LW.186), Panch witness
PW.102P. Jaidev (LW.194), Panch witness
PW.103M.A. Sattar (LW.195), Panch witness
PW.104K. Ashok Kumar (LW.197), Panch witness
PW.105Bharani Shankar (LW.171), Panch witness
PW.106P.B. Vijaya Kumari (LW.202), panch witness
PW.107D. Sanjeeva Reddy (LW.203), Panch witness
PW.108A. Latha (LW.208), Panch witness
PW.109M. Srinivas Rao (LW.209), Panch witness
PW.110 N. Sanjay (LW.211), Panch witness
PW.111V. Veerappa, Inspector of Police (LW.271), Issued FIR in 242SC 2/2011 Gokul Chat
Cr.No.99/2007
PW.112Dr.T.Venkateshwara Rao (LW.218), Panch witness
PW.113B. Srinivas (LW.219), Panch witness
PW.114Dr.Satyanarayana Reddy (LW.224), Treated the Injured
PW.115Dr. Siril (LW.230), Treated the Injured
PW.116Dr. K. Janardhan (LW.243), Medical officer, Treated the injured
PW.117Dr. Syed Sameer Pasha (LW.239), Treated the injured
PW.118Dr.G. Deva Raj (LW.242), Medical Officer, Treated the injured
PW.119Dr. Raj Nirain (LW.237), Treated the injured
PW.120Dr.D.V. Prasad (LW.241), Treated the injured
PW.121Dr. Wasif Ali (LW.225), Treated the injured
PW.122
PW.123
PW.124
PW.125
PW.126
PW.127
PW.128
PW.129T. Suresh (LW.245), Collected the MO.s from scene of offence
PW.130P. Rajini (LW.251), Scientific Officer
PW.131B. Shivakanya
PW.132 Mohd Amjad Ali (LW.176), Panch witness
PW.133V. Muralidhar, Asst. Director FSL
PW.134Shaik Bahadur (LW.273), IO in Cr. No. 99/2007
PW.135B. Wilson (LW.274), I.O in Cr. No. 99/2007
PW.136R. Niranjan (LW.255), issued FIR in Cr.No. 220/2007
PW.137N. Subash Babu (LW.270), IO in Cr. No. 220/2007
PW.138Dr. G.V. Jagadamba (LW.250), Asst. Director, FSL
PW.139Madhukar Swamy (LW.282), Inspector of Police, Assisted to IO
PW.140S. John Wesley (LW.285), Inspector of Police, Assisted to IO
PW.141Navin Mital, IAS
PW.142K. P.Laxmi Narsamamba, Section officer, Secretariat, 243SC 2/2011 Gokul Chat
PW.143A.Bhanu Murthy, (LW.246), Inspector of Police, Defused the electric detonators and issued report
PW.144Ch. Appa Rao, Head Constable,
PW.145U. Ram Mohan, Explosive Expert, FSL, examined the MO.s and issued opinion
PW.146M.Dayananda Reddy, (LW.283), Inspector of Police, Assisted to
IO
PW.147V.N.V. Satyanarayana (LW.286), Dy.S.P, IO
WITNESSES EXAMINED ON BEHALF OF DEFENCE: Nil
EXHIBITS MARKED FOR PROSECUTION:
Ex.P1Statement of PW.1
Ex.P2Copy of Rental Deed, (Original marked in SC No.3/2011)
Ex.P3Seizure panchanama of Rental Deed,
Ex.P4Inquest panchanama
Ex.P5 toPhotographs of MO.s 1 to 11 (Colour Xerox); Ex.P20(Most of originals are filed in all three cases including this case)
Ex.P21Copy of TIP Statement of PW.83 (Original marked in SC No.
1/2011)
Ex.P22Copy of TIP Statement of PW.84 (Original marked in SC No.
1/2011)
Ex.P23Copy of Identity Card in the name of Vinod Patil (Original marked in SC 1/2011)
Ex.P24Copy of fee receipt of Dhoom Technologies, (Original marked in
SC 1/2011)
Ex.P25Copy of cable connection card (Original marked in SC 1/2011)
Ex.P26Copy of note book of cable operator (Original marked in SC 1/2011)
Ex.P27Seizure panchanama at Venkateshwara Cable office,
Ex.P28Copy of panchanama at Azizia Lodge, dt.12.02.2009, (Original in
SC 3/2011)
244SC 2/2011 Gokul Chat
Ex.P29Copy of register of Azizia lodge, (Original not marked)
Ex.P30Copy of Enquiry form booklet, (Original marked in SC No.
1/2011)
Ex.P30(A)Copy of enquiry form Sl. No.264 (Original marked in Sc
No.1/2011)
Ex.P30(B)Copy of enquiry form Sl.No. 265 (Original marked in SC No.
1/2011)
Ex.P31Copy of fee receipt book (Original marked in SC No. 1/2011)
Ex.P31(A)Copy of fee receipt Sl.No. 186 (original marked in SC No.
1/2011)
Ex.P31(B)Copy of fee receipt Sl. No. 187 (Original marked in SC No.
1/2011)
Ex.P32Copy of fee receipt in the name of Satish Gaikwad, (Original marked in SC 1/2011)
Ex.P33Copy of identity card issued in the name of Satish Gaikwad (Original marked in SC No. 1/2011)
Ex.P34Seizure panchanama at Dhoom Technologies,
Ex.P35Seizure panchanama at ground floor, Banjara Nilayam,
Habsiguda,
Ex.P36Signature on copy of TIP Statement of PW.92 recorded by the
Magistrate, (Original marked in SC 3/2011)
Ex.P37Copy of agreement of leave and license;
Ex.P38Signature on copy of TIP statement of PW.95 recorded by the
Magistrate, (Original marked in SC 3/2011)
Ex.P39Admissible portion in confessional statement of A2
Ex.P40Admissible portion in confessional statement of A3
Ex.P41Seizure panchanama at open terrace, Banjara Nilayam,
Habsiguda,
Ex.P42Scene of offence observation panchanama at Gokulchat,
Ex.P43Rough Sketch,
Ex.P44FSL report,
Ex.P44(A)Opinion forms part of Ex.P44 245SC 2/2011 Gokul Chat
Ex.P45Inquest report of D11,
Ex.P46Inquest report of D12,
Ex.P47Inquest report of D18,
Ex.P48Inquest report of D19,
Ex.P49Inquest report of D20,
Ex.P50Inquest panchanama of D5,
Ex.P51Inquest panchanama of D22,
Ex.P52Inquest panchanama of D23,
Ex.P53Inquest panchanama of D25,
Ex.P54Inquest panchanama of D26,
Ex.P55Inquest panchanama of D27,
Ex.P56Inquest report of D30,
Ex.P57Inquest report of D31,
Ex.P58Injury certificate of PW.40,
Ex.P59Attested copy of corresponding case sheet of PW.40,
Ex.P60Injury certificate of PW.42,
Ex.P61Attested copy of corresponding case sheet of PW.42,
Ex.P62Injury certificate of PW.41,
Ex.P63Attested copy of corresponding case sheet of PW.41,
Ex.P64Injury certificate of PW.81,
Ex.P65Attested copy of corresponding case sheet of PW.81,
Ex.P66Injury certificate of PW.43,
Ex.P67Attested copy of corresponding case sheet of PW.43,
Ex.P68Injury certificate of PW.68,
Ex.P69Attested copy of corresponding case sheet of PW.68,
Ex.P70Injury certificate of PW.58,
Ex.P71Attested copy of corresponding case sheet of PW.58,
Ex.P72Injury certificate of PW.74,
Ex.P73Attested copy of corresponding case sheet of PW.74,
Ex.P74Injury certificate of PW.65,
Ex.P75Attested copy of corresponding case sheet of PW.65,
Ex.P76Injury certificate of PW.66, 246SC 2/2011 Gokul Chat
Ex.P77Attested copy of corresponding case sheet of PW.66,
Ex.P78Injury certificate of PW.75,
Ex.P79Attested copy of corresponding case sheet of PW.75,
Ex.P80Injury certificate of PW.44,
Ex.P81Attested copy of corresponding case sheet of PW.44,
Ex.P82Injury certificate of PW.45,
Ex.P83Attested copy of corresponding case sheet of PW.45,
Ex.P84Injury certificate of PW.90,
Ex.P85Injury certificate of PW.48,
Ex.P86Injury certificate of PW.2,
Ex.P87Attested copy of corresponding case sheet of PW.2,
Ex.P88PME report of D6,
Ex.P89PME report of D7,
Ex.P90PME report of D9,
Ex.P91PME report of D14,
Ex.P92PME report of D15,
Ex.P93Injury certificate of PW.36
Ex.P94Copy of Discharge Summary of PW.36
Ex.P95Accident report,
Ex.P96Injury certificate of PW.37
Ex.P97Copy of Discharge Summary of PW.37
Ex.P98Injury Certificate of PW.46
Ex.P99Copy of Discharge Summary of PW.46
Ex.P100PME Report of D1 and requisition,
Ex.P101PME Report of D2 and requisition,
Ex.P102PME Report of D3 and requisition,
Ex.P103PME Report of D4 and requisition,
Ex.P104PME Report of D5 and requisition,
Ex.P105PME Report of D8 and requisition,
Ex.P106PME Report of D10 and requisition,
Ex.P107PME Report of D11 and requisition,
Ex.P108PME Report of D12 and requisition, 247SC 2/2011 Gokul Chat
Ex.P109PME Report of D13 and requisition,
Ex.P110PME Report of D16 and requisition,
Ex.P111PME Report of D18 and requisition,
Ex.P112PME Report of D19 and requisition,
Ex.P113PME Report of D31 and requisition,
Ex.P114Certificate issued by PW.119,
Ex.P115Attested copy of case sheet of PW.55,
Ex.P116Attested copy of Discharge Summary Sheet of LW.54 Smt.
Vimala,
Ex.P117Accident report issued by PW.120,
Ex.P118Discharge summary sheet of Srinivas
Ex.P119PME report of D28,
Ex.P120PME report of D30,
Ex.P121Injury certificate of Mohd Mohiuddin Ali Khan,
Ex.P122Attested copy of Discharge Summary and Accident Report,
Ex.P123Injury Certificate of C. Narender Kumar,
Ex.P124Attested copy of Discharge Summary and accident report,
Ex.P125Injury Certificate of Naga Brahma Chari,
Ex.P126Injury Certificate of G. Anuradha,
Ex.P127Attested copy of Discharge Summary and accident report,
Ex.P128Injury Certificate of M.A. Haneef,
Ex.P129Attested copy of Discharge summary and accident report,
Ex.P130Injury certificate of Ch. Meena,
Ex.P131Attested copy of Discharge Summary and accident report,
Ex.P132Injury Certificate of A. Rafiuddin Ahmed Ansari,
Ex.P133Attested copy of Discharge Summary and Accident Report,
Ex.P134PME report of D17,
Ex.P135PME report of D20,
Ex.P136PME report of D21,
Ex.P137PME report of D22,
Ex.P138PME report of D23,
Ex.P139PME report of D24, 248SC 2/2011 Gokul Chat
Ex.P140PME report of D25,
Ex.P141PME report of D26,
Ex.P142PME report of D27,
Ex.P143PME report of D29,
Ex.P144Medical certificate of PW.54,
Ex.P145Attested copy of MLC cum case sheet,
Ex.P146Copy of seizure panchanama at Open Terrace, Banjara Nilayam, (Original marked in SC 3/2011)
Ex.P147Copy of Admissible portion in confession statement of A2, (Original in SC 3/2011)
Ex.P148Relevant portion in confessional statement of A3, (Original in SC
No. 3/2011)
Ex.P149Bunch of 134 photographs,
Ex.P150Xerox copy of Round Stamp impression S1 on a paper (Original in SC 1/2011),
Ex.P151Xerox copy of Round Stamp impressions S2 & S3 on a paper (Original in SC No. 1/2011),
Ex.P152Xerox copy of FSL report (Original marked in SC 3/11),
Ex.P153Inquest panchanama of D7,
Ex.P154Xerox copy of specimen writings and signatures (35 sheets) of A2,
Ex.P155Xerox copy of FSL report, dt. 18042009 (Original marked in SC 3/2011)
Ex.P156Memo for adding the Section of Law,
Ex.P157FIR in Crime No. 220 of 2007 of P.S Sultan Bazar,
Ex.P158Inquest panchanama of D4,
Ex.P159Inquest panchanama of D1,
Ex.P160Xerox copy of FSL report, (Original marked in SC 3/11),
Ex.P161 Xerox copy of scene of offence observation cum seizure panchanama at Lumbini Park (Original marked in SC 3/11),
Ex.P162FIR in Cr. No. 99 of 2007 of P.S. CCS,
Ex.P163Order of Mumbai Special Court, dt. 20022009 249SC 2/2011 Gokul Chat
Ex.P164Sanction order dt. 30042009
Ex.P165Sanction order by R. Ramachandra Reddy,
Ex.P166Orders of I ACMM Court, dt. 09032009
Ex.P167Proceedings & Opinion given by PW.143 (Original marked as
Ex.P.117 in SC 3/2011),
Ex.P168Xerox copy of certificate issued by PW.144, (Original in SC 1/2011)
Ex.P169FSL Report and Opinion given by PW.99 (Original marked in SC 3/2011),
Ex.P169(A) Part of opinion in Ex.P169
Ex.P170Copy of FSL report and opinion issued by PW.145 (Original marked in SC 3/2011),
Ex.P170(A) Part of opinion in Ex.P170
Ex.P171Sanction order issued by Gowtham Kumar, Prl. Secretary,
EXHIBITS MARKED FOR DEFENCE:
Ex.D1Relevant portion of Sec. 161 Cr.P.C statement of PW.39
Ex.D2Dhoom Technologies Enquiry Form Sl. No. 263
Ex.D3Annapurna Block, a board is fixed by showing the shops in different flats
Ex.D4Owners name plate at Banjara Nilayam,
MATERIAL OBJECTS:
MO.1Black Colour bag,
MO.2Jeans pant,
MO.3T Shirt,
MO.4Metal Balls,
MO.5Lappam seal containing metal pieces and iron balls,
MO.6Black colour bag pieces,
MO.7Wire pieces,
MO.8Metal pieces, 250SC 2/2011 Gokul Chat
MO.9Black colour pieces of tape,
MO.10Small Metal pieces,
MO.11Nokia cell phone,
MO.12Light pink colour full sleevd shirt and blue colour pant,
MO.13Full sleeved black shirt, white baniyan, blue jeans pant,
MO.14Black and gray colour checks shirt and gray colour jeans pant,
MO.15Brown colour half sleeved shirt, black colour pant and gray colour underwear,
MO.16Black and White stripes T Shirt, navy blue colour jeans and blue colour underwear,
MO.17Full sleeved check designed shirt and black colour pant,
MO.18Black colour chudidar with golden zari design and black color pyjama,
MO.19Pink colour sari, pink colour blouse and black colour burkha,
MO.20Black colour shirt and gray colour jeans pant,
MO.21Brown colour T shirt and gray coloru pant with dark brown stains
MO.22Black colour jeans, maroon colour underwear with dark brown stains,
MO.23Multi colour T Shirt and black colour pant with dark brown stains,
MO.24Red colour shirt and brown colour pant with dark brown stains,
MO.25Cream colour pant with dark brown stains,
MO.26Light blue colour pant, white colour baniyan and blue colour underwear,
MO.27Maroor colour T Shirt, white colour banyan, blue jeans pant,
MO.28Green and white colour checks design full sleeved shirt and blue colour jeans pant,
MO.29Cream colour shirt and brown pant,
MO.30Maroon black colour stripes shirt and blue colour jeans pant,
MO.31White dhoti and white rumal,
MO.32Maroon colour pyjama, maroon colour top with floral design,
MO.33Yellow colour T Shirt and blue jeans pant 251SC 2/2011 Gokul Chat
MO.34White banyan, white T Shirt, white undewear and gray colour pant,
MO.35Dark green colour lang and dark green colour blouse,
MO.36Yellow colour sari with floral design, yellow colour blouse and yellow colour petticoat,
MO.37Multi colour stripes shirt and navy blue jeans pant,
MO.38One jeans pant
MO.39T Shirt
FAC. II Addl Metropolitan Sessions Judge at Hyderabad for trial of Cases filed Counter Terrorist Operations (OCTOPUS P.S.)
Note:
As per orders in Crl.MP.No.380/2018, dt.10.09.2018, the names of
PW.s 82 to 92, PW.s 95 to 97, PW.122 to PW.128 are hidden.
1 (Lumbini Park)
IN THE COURT OF THE II ADDITIONAL METROPOLITAN SESSIONS JUDGE,
AT HYDERABAD FOR TRIAL OF CASES FILED BY COUNTER TERRORIST
OPERATIONS (OCTOPUS P.S.) IN THE STATE
Present: Dr. T. SRINIVASA RAO,
FAC. II Addl Metropolitan Sessions Judge, at Hyderabad for trial of Cases filed by Counter Terrorist Operations (OCTOPUS P.S.) in the State. IV Additional Metropolitan Sessions Judge, Hyderabad
Dated this the 4th day of September, 2018
SESSION CASE No.3 of 2011
Crime Number and Police Crime No. 1/2007 of Octopus P.S., Hyderabad.
Name and description of the accusedA1: Anik Shafique Sayeed @ Anique @ personKhaled @ Ashfaq, S/o. Shafique Sayeed, age 26 years, Occ: Acme Computers, Shop No.10, Mayfair Complex, Modi Khana, Camp Pune, R/o. II Floor, Jainab House, Bhagyodaya Nagar, Pune, Maharastra State.
A2:Mohd. Akabar Ismail Chowdhari @ Sayeed @ Vinod Patil, S./o. Ismail Chowdhari, age 26 years, Occ: Mobile Repairer, r/o. Flat No.3, Manisha Complex, Meeta Nagar, Kondwa, Khurd, Pune, Maharashtra State.
A5: Farooq Sharfuddin Tarkash @ Abdullah, S/o. Sharfuddin Tarkash, age 26 years, Occ: Advertising, add agency “T” caption outdoor, Camp area, Pune, R/o. Survey No.52, Nehru Park, Baghyodaya Nagar, Kandwa, Pune, Maharastra State.
A6: Mohd. Sadiq Israr Ahmed, @ Yaseer @ Imran, S/o. Israr Ahmed, age 33 years, Occ: Desktop Engineer in CMS computers, Seepz. Andheri (east), Mumbai R/o. Flat No.C/I/ 19, Cheetah Camp, Trombay, Mumbai, Maharastra State.
(This case is against A1, A2, A5 and A6 only).
( A3 Riyaz Bhatkal @ Roshan Khan @ Aziz @ Ahmed Bai S/o. Akrami Bhatkal, A4: Iqbal 2 (Lumbini Park)
Bhatkal @ Mohammed Bhai, A7: Amir Reza Kyhan @ Muttaki were shown as absconding)
Prosecution conducted by1. Sri. Shesha Reddy Challa
2. Sri. K. Surender
Accused defended by1. Sri. G. Gurumurthy, Advocate for A1
2. Sri. D. Raji Reddy, Advocate for A2
3. Sri. M.A. Azeem & Sri Shaik Saifullah, Advocates for A5 & A6 Offences chargedSections 120(B) r/w Sections 302, 307, 436, 121A and 153A of IPC, Sections 3 & 5 of Explosive Substances Act, 1908 and Sections 13(1)(a)(b), 16,18, 20 of Unlawful Activities (Prevention) Act, 1967 and Section 4 of Prevention of Damage to Public Property Act, 1984. Plea of the accusedNot Guilty
Finding of the CourtA1 & A2 found guilty. A5 & A6 are found not guilty.
RESULTIn the result, the Accused No.1 is found guilty for the offences punishable under Sections 120(B), 302, 307, 436, 121A and 153A of IPC, Sections 3 & 5 of Explosives Substances Act, 1908 and Sections 13(1)(a)(b), 16, and 18 of the Unlawful Activities (Prevention) Act, 1967, Section 4 of Prevention of Damage to Public Property Act, 1984 and accordingly he is convicted for the said offences under Section 235(2) Cr.P.C.
A2 is found guilty for the offences punishable under Sections 120(B), 302 r/w 34, r/w 120B IPC, 307 r/w 34, r/w 120B IPC, 436r/w 34, r/w 120B IPC , 121A r/w 34, r/w 120B IPC and 153A r/w 34, r/w 120B IPC, Sections 3 & 5 of Explosive Substances Act, 1908 r/w 34, r/w 120B IPC, and Sections 13(1)(a)(b) r/w 34, r/w 120B IPC, 16 r/w 34, r/w 120B IPC, and 18 of the Unlawful Activities (Prevention) Act, 1967 r/w 34, r/w 120B IPC and Section 4of Prevention of Damage to Public Property Act, 1984 r/w 34, r/w 120B IPC and accordingly he is convicted for the said offences under Section 235(2) Cr.P.C.
However, A1 & A2 are found not guilty for the offence under Section 20 of the 3 (Lumbini Park)
Unlawful Activities (Prevention) Act and they are acquitted under Section 235(1) CrP.C for the said offence.
The accused No.5 & A6 are found not guilty for the offences punishable under Sections 120(B), 302, 307, 436, 121A and 153A of IPC, Sections 3 & 5 of Explosive Substances Act, 1908 and Sections 13(1)(a)
(b), 16, 18 and 20 of the Unlawful Activities (Prevention) Act, 1967 and Section 4 of Prevention of Damage to Public Property Act, 1984 and accordingly A5 & A6 are acquitted for the said offences under Section 235(1) Cr.P.C. A5 & A6 shall be set at liberty if they are not required in any other case or cases.
FOR SENTENCE PART REFER TO
PAGE Nos.___________ OF THIS
JUDGMENT
: J U D G M E N T :
1.The accused No.1, A2, A5 and A6 stand charged for the offence punishable under Sections 120(B) r/w Sections 302, 307, 436, 121A and 153A of IPC, Sections 3 & 5 of Explosive Substances Act, 1908 and Sections 13(1)(a)
(b), 16, 18, 20 of Unlawful Activities (Prevention) Act, 1967 and Section 4 of
Prevention of Damage to Public Property Act, 1984.
2.The brief facts of the case of the prosecution are that the Indian
Mujahidden terrorists, accused No.3 Riyaz Bhatkal @ Roshan Khan @ Aziz @
Ahmed Bhai, Accused No.4 Iqbal Bhatkal @ Mohammed Bhai and Accused No.7
Amir Reza Khan who are presently absconding and wanted by Indian Police; and
Accused No.6 Mohd. Saidque Israr Ahmed Shaik @ Yasree @ Imran provided leadership, direction and logistical support, entered into criminal conspiracy 4 (Lumbini Park) during the period from July, 2007 to August, 2007 at Pune, Hyderabad and other places, with the accused No.1 Anik Shafique Sayeed @ Anique @ Khaled @
Ashfaq, Accused No.2 Mohd. Akbar Ismail Chowdhari @ Sayeed @ Yakub @
Vinod Patil and Accused No.5 Farookh Sharfuddin Tarkash @ Abdullah to wage war against State and create disharmony among the communities by carrying out series of bomb blasts in crowded places of Hyderabad such as at Gokul Chat
Bhandar, Koti, Hyderabad, 2) Lumbini Park, and attempted at 3) Dilsukhnagar,
Hyderabad in order to take revenge against Hindu community whom they suspected to be responsible for the blasts in Mecca Mosque that occurred during
May,2007 and in pursuance of the said conspiracy and in course of same transaction, committed the following overt acts. The terror outfit by name “Indian
Mujahidden” has come to light for the first time in November, 2007 immediately after bomb blasts in the courts of Lucknow, Faizabad and Varanasi in Uttar
Pradesh. Through an email released to the media, they claimed responsibility for the blasts. In the same email they also claimed the responsibility for the
Hyderabad Twin Blasts at Gokul Chat and Lumbini Park of August,2007. The identity of the operatives of the Indian Mujahidden (for the sake of brevity referred as “IM”) remained absolutely unknown till the day on which (19.9.2008) the Delhi Police had an exchange of fire with the IM operatives. The leads were further followed which resulted in the arrest of large number of operatives by
Delhi and Mumbai police in various parts of the country. Their interrogation revealed the involvement of the IM in bomb blasts in the country from as early as
February, 2005 including the twin blasts that occurred at Hyderabad on 25th of
August, 2007. The accused No.3 and A4 clearly confessed about commission of the blasts in Hyderabad, namely Gokul Chat, Lumbini Park, in the Emails released to press vide document No.222. Further the said emails disclosed insult and humiliation to the Hindu community arousing bitter feelings among Hindus.
5 (Lumbini Park)
The student Islamic Movement of India (SIMI) was established in 1977 in Aligarh and the objectives of SIMI were governing human life on the basis of quran, propagation of Islam, “Jehaad” (religious war) for the cause of Islam, destruction of Nationalism and establishment of Islamic rule or caliphate. The accused No.3,
A4 and A6 were active members of SIMI. A7, A4 and A3 are the founder members of the IM which was built as an off shoot of LeT (LakshareToiba).
That on 25.8.2007 at about 7.30 p.m, the injured among others visited laser show in Lumbini Park, Hyderabad to view the show but they sustained fatal/grievous/serious injuries because of the explosion of bomb, planted by A1
Anik in that Lazerium Theater, at Lumbini Park in pursuance of criminal conspiracy entered into by Accused No.1 to 7. During the period from July, 2007 to August, 2007 at Pune, Hyderabad and other places, the accused entered into criminal conspiracy, agreeing to cause large scale murders of innocent people, setting fire to the furniture of Laserium theater by explosion of the explosion of bombs and also conspiring to wage war against the state, abetting waging of war etc, promoting enmity between groups on the ground of religion prejudicial to maintenance of harmony, violating provisions of Prevention of Damage to Public
Property Act, 1984 by using explosive substances, advocating or inciting the commission of any unlawful activity etc. In pursuance of the said conspiracy, the accused committed the following overt acts.
a)In July, 2007, A3, A4 called Accused No.1, A2, A5 to the flat of Dr.
Anwar Abdul Bagwan (who is accused No.21 in Crime No.152 of 2008 of DCB,
CID, Mumbai, MCOCA No.4/2009) at Kamal Deep Apartments, Pune, and told
A.1 and A.2 that they wanted to take revenge for Mecca Mosque blast of
Hyderabad on suspicion that it was the work of Hindu Terrorists. They further instructed A1 first to go to Hyderabad, take a flat on rent in Hyderabad in Hindu locality by falsely telling a Hindu name without taking help of any local person in 6 (Lumbini Park)
Hyderabad. On request of A1, A5 telephoned to PW.66 who is relative in
Hyderabad, informed him that A.1 intended to go Hyderabad on some work and asked him to provide shelter and logistic support at Hyderabad. Around 20th or 21st July, 2007, A.1 telephoned to PW.66 to receive him at Dilsukhnagar bus stop and accordingly PW.66 received A1, took him to his room, introduced him to his room mates viz., PW.72, S. Srinivasa Reddy (LW.69), Jangam Mallikarjun (LW.71) with whom A1 stayed for two days. A1 asked PW.72 to show well known and historical places worth seeing in Hyderabad and also asked for route map of Hyderabad city, but PW.72 told him that he had no idea about availability of route map of Hyderabad. Then on the request of A1, PW.72 took him to
Golconda Fort, Ameerpet and showed Dhoom Technologies computer Institute, and then to Jagadish Market in Abids where A1 purchased one second hand
Nokia mobile cell phone for a sum of Rs.500/. On the request, PW.66 gave xerox copy of his identity card, black and white photos to accused No.1 who in turn produced the same and purchased one SIM Card of Hutch company. In the evening, A1 left PW.66's room stating that he was going back to Pune, but A.1 did not go to Pune.
b)After leaving the room of PW.66, on 23.7.2007 itself, A.1 took a room in
Azizia Lodge Nampally, belonging to PW.48, entered in his particulars in Register of visitors in his own handwriting and signed. A.1 stayed there upto 30.7.2007 till 4.00 p.m Basing on classifieds in Deccan Chronicle News Paper, A1 contacted G. Hariram (examined as PW.34 SC 2/2011), took his flat No.302, at
Banjara Nilayan Apartments, Habsiguda, Hyderabad on a rent of Rs.4,000/ per month on 30.7.2007 by executing a rental deed and paying advance of
Rs.10,000/ by specifying therein a false name as “Satish Gaikwad” and signed on rental deed as Satish.
c)After taking the flat on rent at Habsiguda, A1 telephoned to A3, 7 (Lumbini Park) informed him about taking a rented house. After 3 days, A3 sent A2 to
Hyderabad from Pune. A2 told A1 that A3 wanted them to identify the places where huge congregation of people would be there. A1, A2 took admission in the institute of PW.49 viz., Dhoom Technologies at Ameerpet with false names as “Satish Gaikwad” and “Vinod Patil” respectively by paying Rs.2,500/ each as fee for the course. Fee receipts and identity cards were issued to them in the names of “Satish Gaikwad” and “Vinod Patil” respectively.
d)After 7 or 8 days, A3 came to Hyderabad, A1 and A2 took A3 to
Lumbini Park, Dilshukhnagar, Gokul Chat, Secunderabad, Ameerpet, and
Charminar. A1 to A3 also had a boat ride in the Hussain Sagar Lake starting from Lumbini Park. A3 Riyaz Bhatkal stayed with A1, A2 for 2 days and went away. While going, A1 asked them to buy a TV. Accordingly A2 purchased a
T.V. at shop of PW.90. One week before the blast, A3 Riyaz Bhatkal telephoned to A1 and informed him that he was sending one parcel through a driver of a bus and asked him to collect that parcel from Chaderghat area by informing cell phone number of bus driver. Accordingly, A1 collected the parcel and kept it in the flat at Habsiguda.
e)Three days before the blast, once again A3 Riyaz Bhatkal came to
Hyderabad. A3 instructed A1 to keep a bomb in the boat at Lumbini Park and
A2 Akbar to keep a bomb in Dilsukhnagar. He also offered to keep another bomb in Gokul Chat, Koti. All the places were selected by A3; A1 and A2 purchased three bags at the shop of Tajuddin (examined as PW.91 in SC 2/2011), and A1 and A2 purchased square batteries at the shop of Divyesh Khodoria (PW.50).
f)One day before the blast, i.e, on 24.8.2007, A3 Riyaz Bhatkal opened the parcel. There were four wooden boxes containing explosives which were cellotaped, detonators, multimeters and six watches. In that parcel, other 8 (Lumbini Park) circuits were also found. A3 assembled the bombs by connecting the detonators, batteries and the timer clocks. He did not fix batteries to the timer clocks. After assembling the bombs, A3 kept one bomb in each bag, he gave pencil cells to A 1, A2 and asked them to keep the pencil cells in the watches 20 or 30 minutes
before keeping the bombs at the places specified to them. The rawmaterials
including the electronic testers which were left over after assembling of the bombs were kept in polythene bags and thrown in the duct in the flat at Banjara
Nilayam.
g)As per their plan, A1 went to Lumbini Park to plant the bomb in the boat, however, the boat had left by that time. A1 had already placed the battery in the bomb. Consequently he was not having much time to place the bomb in the boat.
He went to the Laserium show at Lubmini Park and planted the bomb. A3 Riyas
Bhatkal planted the bomb at Gokul Chat, Both bombs exploded. A2 kept the bomb near foot over bridge in Dilsukhnagar and it did not explode.
h)On 25.8.2007 at about 19.40 hours, on receipt of telephonic message from Lumbini Park, that a bomb explosion took place inside the Lumbini
Park, laserium and that there was public hue and cry and panic, PW.90 (K.V.
Narsimha Reddy) rushed to the spot along with Shanker Yadav (LW.140), Khaleel
Pasha (LW.141) and staff. By the time they reached the scene of offence, many injured persons were found shifted to nearby hospitals viz., Mediciti, Osmania
General Hospital etc, by public. PW.90 found 3 dead bodies lying in blue coloured middle centre seats. He recorded statement of PW.1 (Laser Show
Operator), who stated that on 25.8.2007 at 7.15 p.m, the laser show was in progress and at about 7.35 p.m, he heard a huge bomb blast sound from the gallery and noticed people were running helter skelter shouting that someone had kept bombs in the middle of seats of gallery. On such statement, PW.90 forwarded the same to Police Station Saifabad through PC 2753 and the same 9 (Lumbini Park) was registered as Crime No.582/2007 under Sections 302, 307, 120(B) IPC and
Sections 3 & 5 of the Explosive Substance Act and issued FIR,. On receipt of file,
PW.90 recorded the detailed statement of PW.1, got the scene of offence photographed. As per the instructions of Addl. CP, Hyderabad, PW.84 and others assisted to PW.90 to conduct inquest over the dead bodies of the deceased D1
Ibrahim Khan, D3 – M.K. Jain, in the presence of mediators, and also conducted inquest over the dead body of D2 Rupes Bhor, examined Pws.1,2, 3, 4, 6 and 36 and recorded their statements at Gandhi Medical College Mortuary, referred the dead bodies for postmortem examination. PW.67 conducted autopsy over the said three dead bodies and issued postmortem examination reports. The inquest of dead bodies of deceased conducted and the cause of death was “multiple injuries consequent to blast”, “head injury consequent to blast effect”, “multiple injuries consequent to blast effect” etc. PW.80, PW.61, PW.63 and other doctors treated the injured and gave medical certificates. PW.84 conducted scene of offence panchanama in the presence of mediators, with the assistance of clues team, collected material objects viz., broken pieces of fiber chairs (blue in colour), 2) metallic balls, 3) broken pieces of 9 and 1.5 volts battery cells, wire pieces, 4) sorted pieces of bag (black in colour), 5) sorted pieces of clock and melted pieces of gift wrapper (gold in colour), 6) blood stained swabs collected from different places at the scene of offence under cover of panchanams and drafted rough sketch of scene of offence and further got it photographed.
i)Subsequently the case was reregistered as Crime No.97 of 2007 of CCS and investigation taken up by PW.84. He examined and recorded the statements of witnesses. A card board box containing 7 small containers which were having metallic balls/particles collected from the injured persons which were removed by the doctors during surgery viz, a) a piece of metallic ball removed from the body 10 (Lumbini Park) of injured Riaz Khan, b) a metallic ball removed from the body of injured P.
Balakrishna, c) Two metallic balls removed from the body of injured P.M. Arun
d) one metallic ball removed from the body of injured Vikrant Singh etc.
wearing clothes of the deceased, were collected. He sent the material objects collected at the scene and which were removed from the dead bodies and injured persons to FSL for examination and report through letter of advice to FSL and
FSL furnished report/opinion vide file No.CHC/383/2007, dated 13.10.2007.
j)While the investigation was in progress on 21.10.2008, a written information was received from Additional Commissioner of Police (Crimes)
Mumbai vide letter OW No.498/2008, dated 21.10.2008 addressed to the
Commissioner of Police, Hyderabad informing that the accused No.1 to A4 in that case, were arrested in Crime No.152/2008 under Sections 295(A), 505(2), 507, 506(ii), 120(B), 121, 122 and 286 IPC r./w Sections 3, 25 of Arms Act r/w S.6 & 9(B) of the Explosive Act r/w Sections 4 & 5 of Explosive Substance Act, 1908,
Sections 10, 13 of Unlawful Activities (Prevention) Act, 1967 r/w Section 66 of the Information Technology Act, Section 3(1)(ii), 3(2), 3(4) of MCOC Act, 1999 of DCB, Mumbai, and that were in the custody of Special Designated Court,
Mumbai. While the investigation was in progress by SIT, Hyderabad, the government declared the office of OCTOPUS (Organisation for counter Terrorist
Operations) as Police Station with entire State as its jurisdiction, vide GO
Ms.No.272 (home PSC) Department dated 15.11.2008, and followed by orders of
Hon'ble High Court, this Court is designated as Court for trial and disposal of the
cases filed by OCTOPUS Police Station, Hyderabad, as committed by I ACMM,
Hyderabad. Thus, the case was transferred to SHO, OCTOPUS,Hyderabad, and it was reregistered as Crime No.1/2008, and PW.140, took up investigation, visited the scene of offence, reexamined PW1, reconstructed the scene of offence, added sections of law under Section 121(A), 153A and 438 IPC and Sections 3 & 4 of 11 (Lumbini Park)
Prevention of Damage to Public Property act, 1984 and Section 7 of Criminal Law
Amendment Act, and during the course of investigation, he rerecorded the statements of the witnesses, brought the accused from Central Prison, Mumbai on transfer by the MCOCA Court.
k)PW.53, PW.56 and LW.35 M. Silambar Reddy, eye witnesses stated that on 25.8.2007, ten minutes prior to commencing of laser show in the Lumbini Park at about 19.05 hours, they had noticed one person aged 25 years, carrying a black colour college bag, with oval face, lean built, height about 5.6 came hurriedly to the Laserium show, occupied a Seat located at the centre of the rows in blue colour seats, that a little later kept bag on his adjoining seat and that after 5 minutes he left the place leaving the bag on the seat and went outside, and that they thought that he left his bag in the seat as a token of reserving the seat. Since there was bright lightning in the theater, as they observed him closely and noticed the physical features. The said person did not return. A little later there was an explosion of bomb with very big noise from the very place where the bag was kept. The said witnesses further stated that they can identify the said person, if they see him again.
l) In view of the same, PW.88 filed requisitions before the learned Chief
Metropolitan Magistratecum1 Addl. Senior Civil Judge, RR Dist, who appointed
VII Metropolitan Magistrate, Cyberabad to conduct the identification parade of the accused and VII MM conducted the test identification parade of accused
No.1, A2 and one Answar Ahmed Badshah. Subsequently on requisition of
PW.88, the police custody of accused No.1 & 2 and Ansar Ahmed Badshah was granted, and during the police custody the accused were thoroughly interrogated, and their confessional cum seizure panchanamas were separately recorded in the presence of mediators. In pursuance of confession made by accused No.1 and 2, seizure of material was effected under cover of seizure panchanams in the 12 (Lumbini Park) presence of mediators.
m) In pursuance to the confession, A1 led PW.88, PW.58 and LW.111 V.
Srinivas and team of PW.88 to Banjara Nilayam Road No.8, Habsiguda,
Hyderabad where he stayed during and prior to the execution of the blast. He also took PW.88 along with mediators to the terrace, showed duct in which he threw one polythene cover containing the remnants of the bombs and left over material after preparation of bombs. A polythene cover containing remnants of the material like detonators, alarm time piece parts, ID card of Dhoom
Technologies with false name of Satish Gaikwad, fee receipt of Dhoom technologies and other material were seized at the instance of accused No.1 under seizure report. A1 also showed the owner of the flat No.302, with whom he had entered into rental deed agreement for the flat on 30.7.2007, and the original rental deed was seized at his instance from the possession of G. Hariram (examined as PW.34 in SC 2/2011).
n)In pursuance of the confession made by A2, on reaching Banjara Nilayam, he pointed one door on the ground floor which led to the duct in which he threw one old electric meter case box with polythene cover containing the remnants of bomb and left over material after preparation of bombs. The electric meter case box containing a polythene cover in which the remnants of the material like detonators, 9v battery, battery connector, multimeter, electric tester, Id card of
Dhoom technologies with the false name of Vinod Patil, fee receipt of Dhoom
Technologies were seized at the instance of A2 under cover of seizure panchanama in the presence of mediators in this crime.
o)A.1 also led PW.88 and his team to Chilkur Venkateswara cables at street
Noo.8, Habisguda, Hyderabad from whom he took cable connection for his flat
No.302, during his stay, and the customer's payment book containing the particulars of the accused entered in the name of Satish, was seized at the 13 (Lumbini Park) instance of A1 from the possession of PW.47, Manager of Venkateswara cables under the seizure report.
p)A.1 also led PW.88 and his team to Dhoom Technologies, where book containing admission particulars of A1 and A2 in the names of “Satish
Gaikwad” and “Vinod Patil” respectively, the book containing counterfoil of the fee paid by the accused, raised in the name of ”Satish Gaikwad” and “Vinod Patil” and rubber stamp used on the identity cards of the accused issued at the time of their admission, were seized under cover of seizure panchanams at the instance of
A1 from the possession of PW.49 (owner of Dhoom Technologies).
Subsequently, A2 led the investigation team to the same proceedings.
q)A.1 also lead PW.88 and his team to Azizia Lodge at Nampally where he stayed for one week i.e, from 230707 to 30.07.2007 before taking the flat at Habsiguda on rent and at his instance the Visitors Register containing the particulars of A1, entered in his own handwriting was seized from the possession of PW.48 (owner of Azizia Lodge) under cover of seizure report.
r)A1 and A2 lead the police party to Gowliguda bus stop where A1 showed the place where he received the parcel sent by A3 (Riyaz Bhatkal) but he failed to identify the bus or bus driver inspite of best efforts. The statement of
PW.66 under Section 164 Cr.P.C was recorded by the learned II Metropolitan
Magistrate for Railway, Secunderabad was corroborated to the complicity of the
accused in the blasts at Lumbini Park, Gokul chat and the planting of an IED (which did not explode) at Dilsukhnagar on 25.8.2007.
s)On 28.2.2009 PW.88, collected specimen handwritings and signatures of A1 before the Court and along with questioned documents and letter of advice sent to FSL, Hyderabad for comparison and report through Court vide letter in Dis No.546/IACMM/Hyd, dated 5.3.2009. He also sent material objects, which were seized at the instance of A1, A2 separately at Flat No.302 14 (Lumbini Park) along with letter of advice through Court for examination and report to FSL,
Hyderabad. He also sent identity cards, rubber stamps, etc along with letter of advice to FSL for examination and opinion
t)Then IO filed memo before the learned Chief Metropolitan Magistrate
Court at Hyderabad to address letter to MCOCA Court to issue transfer warrant against A5Farookh Sharuffidn Taarkash @ Abdullah @ Peter. Accordingly letter was addressed to MCOCA Court and MCOCA Court issued transfer warrants against A.5 & A6, who were brought before the Court, remanded to judicial custody, and subsequently he was interrogated by taking custody, and in pursuance of their confession, visited Pune and Bombay, collected evidence, copies of rental agreements, where the accused hatched criminal conspiracy.
Permission to prosecute the accused under Sections 3 and 5 of the Explosive
Substance Act, 1908 was obtained from the Collector, and also for the offences under Sections 120B, 121A, 153A IPC from the Government, and for the offences under Sections 13(1)(a)(b),16,18,19 of the Unlawful Activities (Prevention) Act, 1967.
u) Thus, after completion of investigation, it is established that A1 to A7 during the period from July, 2007 to August,2007 at Pune, Hyderabad and other places, entered into criminal conspiracy agreeing to cause large scale murders of innocent people by exploding bombs. They conspired to wage war against the
State, promote enmity between groups on grounds of religion prejudicial to maintenance of harmony, violate provisions of Prevention of Damage to Public
Property Act, 1984, by using Explosive substance like a bomb, advocating or inciting the commission of any unlawful activity etc. Thus, all the accused, conspired and committed the offences under Sections 120(B) r/w Sections 302, 307, 436, 121A and 153A IPC, Sections 3 & 5 of Explosive Substances Act, 1908 and Sections 13(1)(a)(b), 16,18,19,20 of Unlawful Activities (Prevention) Act, 15 (Lumbini Park) 1967 and Section 4 of Prevention of Damage to Public Property Act,1984.
3.The learned I Additional Chief Metropolitan Magistrate, Hyderabad took the case on file under Sections 120(B) r/w Sections 302, 307, 436, 121A and 153A of IPC, Sections 3 & 5 of Explosive Substances Act, 1908 and Sections 13(1)(a)(b), 16,18,19,20 of Unlawful Activities (Prevention) Act, 1967 and
Section 4 of Prevention of Damage to Public Property Act, 1984, accused No.1,
A2, A5 and A6 vide PRC No. 15/2009, complied with the provisions of Section 207 Cr.P.C., and committed the case for disposal in accordance with law.
4.On production of the accused from jail, before this Court and on hearing both sides, the following are the charges framed against A1, A2, A5 and
A6, as under:
Charge No.1:
That you (A1, A.2, A.5, A.6) along with A.3, A.4, A.7 on 25.8.2007 at 7.30 p.m, inside the Lazerium, Lumbini Park, Hyderabad, did commit murder by intentionally causing the death of 12 persons viz., Ibrahim Khan, Rupesh Bhor, M.K.
Jain, Sourab Kumar, irshad Ahmed, Vallah Bhati Patel, Dr.K.V. Anand Chowdary
Kiran Arun, Sujith Kumar Jha, Sachin Bhavar, Yogesh Patel by exploding a bomb inside the lazerilum, Lumbini Park, Hyderabad and that you thereby committed an offence punishable under Section 302 IPC, and within my cognizance.
Charge No.2:
That you (A1, A.2, A.5, A.6) along with A.3, A.4, A.7 on 25.8.2007 at 7.30 p.m attacked 21 persons viz., Vikranth Singh Chowan, Anirudh Kumar,P.M. Arun,
Ashwin Kumar, Swapnil Ramachandra Gadekar, Mukund M. Marata, Chirag
Pradeep Deshmuk, Krishna Nandan Singh, Miss Mayuri, Summit Das, Alok Ranjan,
Anurag Kumar, Gotla Shiva Nata Sekhar, J.k. Chowdary, PlK. Shukla, G.S. Sagar, 16 (Lumbini Park)
Dr.K.V. Srikanth, Balakrishna, Md. Riyaz Khan,M.P. Mathur Peedikayil Mani, M.L.
Khan by exploding a bomb inside the lazerium, Lumbini Park, Hyderabad, with an intention to kill them, that if by that act, you had caused the death of the above said 21 persons, you would have been guilty of murder, and that you thereby committed an offence punishable under Section 307 IPC of the Indian Penal Code, and within my cognizance.
Charge No.3:
That you (A1, A.2, A.5, A.6) along with A.3, A.4, A.7 on 25.8.2007 at 7.30 p.m, committed mischief by exploding a bomb inside the lazerium, Lumbini Park,
Hyderabad intening to cause destruction of the Lumbini Park and to cause large scale murder of innocent people and that you thereby committed an offence punishable under Section 436 of the Indian Penal Code, and within my cognizance.
Charge No.4:
That you (A1, A.2, A.5, A.6) along with A.3, A.4, A.7 conspired to commit any of the offence punishable under Section 121, or to overawe, by means of criminal force or show of criminal force on 25.8.2007 at 7.30 p.m, by exploding a bomb inside Lazerium Lumbini Park, Hyderabad to cause large scale murders of innocent people, to wage war against the state and that you thereby committed an offence punishable under Section 121A of the Indian Penal Code, and within my cognizance
Charge No.5:
That you (A1, A.2, A.5, A.6) along with A.3, A.4, A.7 promoted feelings of enmity or hatred between the groups viz., prejudicial to maintenance of harmony between the said groups, disturbed or like to disturb public tranquility on 25.8.2007 at 7.30 p.m, by exploding a bomb inside Lazerium Lumbini Park, Hyderabad and thereby committed an offence punishable under Section 153A of the Indian Penal 17 (Lumbini Park)
Code, and within my cognizance
Charge No.6:
That you (A1, A.2, A.5, A.6) along with A.3, A.4, A.7 agreed to do an illegal act or an act by illegal means viz., entered into criminal conspiracy, agreeing to cause large scale murder of innocent people by explosion of bombs, conspiring to wage war against the State, abetting waging of war etc, promoting enmity between groups on the grounds of religion prejudicial to maintenance of harmony, by using explosive substances and in pursuance of the said conspiracy, on 25.8.2007 at 7.30 p.m, by exploding a bomb inside Lazerium Lumbini Park, Hyderabad which caused large scale murder and injuries to innocent people and that thereby committed an offence punishable under Section 120B of the Indian Penal Code, and within my cognizance
Charge No.7:
That you (A1, A.2, A.5, A.6) along with A.3, A.4, A.7 on 25.8.2007 at 7.30 p.m, unlawfully exploded a bomb inside the Lazerium, Lumbini Park, Hyderabad due to which 12 persons murdered (mentioned in charge under Section 302 IPC) and 21 persons sustained injuries (mentioned in the charge under Section 307 IPC) and that you thereby committed an offence punishable under Section 3 of the
Explosive Substances Act, 1908 and within my cognizance.
Charge No.8:
That you (A.1, A.2, A.5, A.6) along with A.3, A.4, A.7, made IED bomb to cause explosion and on 2582007 at 730 pm exploded a bomb inside the Lazerium,
Lumbini Park, Hyderabad, due to which 12 persons murdered (mentioned in charge under Section 302 IPC) and 21 persons sustained injuries (mentioned in charge under Section 307 IPC) and that you thereby committed an offence punishable under
Section 5 of The Explosive Substances Act, 1908 and within my cognizance.
18 (Lumbini Park)
Charge No.9:
That you (A.1, A.2, A.5, A.6) along with A.3, A.4, A.7, made IED bomb to cause explosion and on 2582007 at 730 pm exploded a bomb inside the Lazerium,
Lumbini Park, Hyderabad, advocating or inciting the commission of unlawful activity and that you thereby committed an offence punishable under Section 13(1)(a) and
(b) Unlawful Activities (Prevention) Act, 1967 and within my cognizance.
Charge No.10:
That you (A.1, A.2, A.5, A.6) along with A.3, A.4, A.7, on 2582007 at 730 pm committed terrorist act by exploding a bomb inside the Lazerium, Lumbini Park,
Hyderabad, due to which 12 persons murdered (mentioned in charge under Section 302 IPC) and 21 persons sustained injuries (mentioned in charge under Section 307
IPC) to threaten the unity, integrity, security or sovereignty of India or with intent to strike terror or likely to strike in the people or any section of the people in India or in any foreign country and that you thereby committed an offence punishable under
Section 16(a) and (b) The Unlawful Activities (Prevention) Act, 1967 and within my cognizance.
Charge No.11:
That you (A.1, A.2, A.5, A.6) along with A.3, A.4, A.7, on 2582007 at 730 pm conspired and attempted to commit commission of terrorist act viz., exploding a bomb inside the Lazerium, Lumbini Park, Hyderabad, due to which 12 persons murdered (mentioned in charge under Section 302 IPC) and 21 persons sustained injuries (mentioned in charge under Section 307 IPC) to threaten the unity, integrity, security or sovereignty of India or with intent to strike terror or likely to strike in the people or any section of the people in India or in any foreign country and that you thereby committed an offence punishable under Section 18 The
Unlawful Activities (Prevention) Act, 1967 and within my cognizance.
19 (Lumbini Park)
Charge No.12:
That you (A.1, A.2, A.5, A.6) along with A.3, A.4, A.7, on 2582007 at 730 pm being a member of terrorist gang ie., Indian Mujahideen to commit commission of terrorist act by exploding a bomb inside the Lazerium, Lumbini Park, Hyderabad, due to which 12 persons murdered (mentioned in charge under Section 302 IPC) and 21 persons sustained injuries (mentioned in charge under Section 307 IPC) to threaten the unity, integrity, security or sovereignty of India or with intent to strike terror or likely to strike in the people or any section of the people in India or in any foreign country and that you thereby committed an offence punishable under Section 20 The Unlawful Activities (Prevention) Act, 1967 and within my cognizance.
Charge No.13:
That you (A.1, A.2, A.5, A.6) along with A.3, A.4, A.7 on 2582007 at 730 pm exploded a bomb inside the Lazerium, Lumbini Park, Hyderabad, due to which
Lazerium, Lumbini Park damaged and that you thereby committed an offence punishable under Section 4 of The Prevention of Damage to Public Property Act, 1984, and within my cognizance.
5.All the above charges were read over and explained to the respective accused in vernacular language and they denied the said charges and claimed to be tried.
6.The above charges against the accused were framed by my predecessor’s predecessor and while framing charges, instead of stating that “you
A1 shared common intention with A2 and in conspiracy and abetment of A5 &A6 and other absconding accused did….” ; inadvertently framed charges as “you
A1,A2, A5 & A6 along with other absconding did…_ and thus omitted to frame 20 (Lumbini Park) charges under Sections 34 and 109 IPC, and the omission would not in any way cause prejudice to the accused, as has been explained in the case of State of
Uttar Pradesh Vs Paras Nath Singh, report (2009) 6 Supreme Court Cases 372, wherein it was held as under:
“As the provision itself mandates that no finding, sanction or order by a court of competent jurisdiction becomes invalid unless it is so that a failure of justice has in fact been occasioned because of any error, omission or irregularity in the charge including in misjoinder of charge, obviously, the burden is on the accused to show that in fact a failure of justice has been occasioned.”
Added to this, the substance of the allegations of common intention under
Section 34 IPC and 109 IPC and 120B IPC already been brought to the notice of the accused which is evident from the charge sheet wherein it can be seen the role attributed to each accused and the substance of allegations of each offence.
7.To prove the case of the prosecution, the prosecution got examined
Pw. 1 to PW.93 and got marked Ex.P1 to 123 and got marked material objects 1 to 30. The accused were examined under Section 313 Cr.P.C, explaining to them the incriminating material available on record and they denied the evidence of the prosecution witnesses by giving written answers after obtaining permission from this Court and also filed written statement by accused No.1 (Anif). The defence got marked Ex.D1 to D11 during the course of trial through the prosecution witnesses on behalf of the accused and did not adduce any oral evidence.
8.Heard the learned Special Public Prosecutor and the learned Counsel for the accused No.1, A2, A5 and A6. The common written arguments is filed by counsel for A1 (Anik Shafique Sayeed), and same is adopted by counsel for 21 (Lumbini Park) accused A2 (Mohd. Aikber Ismail Chowdary). The counsel for A5 & A6 also filed written arguments.
9.The learned Special Public Prosecutor submitted that the accused No.1 (Anik Shaafique), Akbar Ismal Chowdary (A2), Farooq Sharufddin Tarkash (A5),
Sadiq Israr Shaik (A6) and absconding accused belong to banned Organization “Indian Mujahidden” and in order to take revenge for the Mecca Masjid blast in
Hyderabad and with their motive to establish Islamic rule, the accused planned to carry out series of blasts at Hyderabad, and one of such blasts, was carried at
Lumbini Park (pertaining to this case in SC No.3/2011), and that if any infirmity in framing of charges that cannot go to the benefit of accused, and that motive of the accused established because all the circumstances are leading to irresistible conclusion that the accused carried out blasts at Hyderabad and the gory of injuries are in the nature of flesh and blood detached from the bodies, splinters lodged in the body of individuals etc, and the sufferings inflicted by these killing machines on innocent people include completely able bodied persons becoming bedridden for life, a liability and a painful sight for their loved ones, parents losing their children, loss of sole earning members of families plunging them into despair and penury, just to count a few. He further submitted that all the circumstances are proved beyond all reasonable doubt showing finger towards the accused and absconding accused alone. Therefore, they may be convicted for all the charges.
10.The learned counsel for the accused No.1 (Anik Shafique Sayyed) submitted that till 30.11.2008 there is no any incriminating evidence against the accused and basing on the letter of Additional Commissioner of Police, Mumbai,
P.T. warrant was issued against the accused, and the confessional statement of 22 (Lumbini Park) the accused in Crime No.152/2008 of P.S. Maatunga is not submitted for perusal of Hon'ble CMM Court, and the prosecution failed to establish the involvement of the accused in any bomb blast in any place such as Mumbai, Hyderabad,
Allahabad, Surat, Pune, Bangalore and other places, and Ex.P64 (in SC
No.1/2011) also did not reveal any allegations or sending any material evidence to the Hon'ble CMM, except an order dated 5.2.2009. Ex.P64 in SC No.1/2011 do not have any iota of allegations against the accused till 5.2.2009, and the investigating Officers also admitted that there is no any incriminating evidence against accused till 30.11.2008 or 6.2.2009 when they were taken into custody from the central prison, Mumbai. Ex.P60 and Ex.P61 have no value or legal sanctity in the three cases. The nonexamination of material and official witnesses at Bombay and parents, nenighbours of accused is fatal. The accused never confessed the causing of explosive at any place. PW.34 who is alleged to be father of Vasundara as a owner in SC No.2/2011 does not identify the accused but identified as A5. Ex.P30 is rental deed got marked as Q4 and Q5, signatures of Satish, examined with S1 to S57 not proved by handwriting expert (PW.78), the open terrace and duct on the ground floor are accessible to any persons, the seized objects are subject to natural decay, and the recovery after 1 ½ year at the open place is not acceptable under Section 24 of the Evidence Act. The seizure is planted for purpose of this case. The theory of absconding belongs to banned organisation “Indian Mujahiddin” is totally false and baseless. The circumstance of involvement of PW.66 is invented, he was in wrongful custody for a period of 56 days. The accused No.1 Anik Shafique Sayed never stayed at Azizia lodge, the original register was not sent to handwriting expert. PW.34 wrongfully identified accused A5 instead of A.2, and by not proving Q4 and Q5 with Ex.P30 chain link of circumstance is broken. PW.87 in SC 2/2011 stated before the Court that the original register is with him. Three xerox copies of register sent to 23 (Lumbini Park) expert. The accused never came to Hyderabad till he was brought from Bombay on 6.2.2009, and the prosecution case is invented. PW.53 and PW56 kept silent for a period of 3 days after the incident and there is no proof of examining them in the month of February, 2009 by PW.88. There was no possibility of seeing the assailant in dark night when the lights are switched off before laser show. The allegation of conspiracy and discovery under Section 27 of the Evidence Act invented, created. Handwriting expert must mention reasons with opinion. If there are no reasons mentioned, it is not conclusive evidence as held in 2017
Crl.C.L. 537 (SC) (D). Nonexamination of Addl. C.P, Crimes, Mumbai, Joint
Commissioner of Police, Mumbai, Addl. C.P.Ashok Durphe IO in Cr.No.152/2008 of Matunga P.s., Crime No.162/2002 P.S. Chamber, Hariram in SC 3/2011,
Security Staff & Administrative Offficer who were on duty on 25.8.2007 at
Lumbini Park & Laser Show, scribe of Ex.P29, P.40, Ex.P37, Ex.P37A, Ex.P37B,
Ex.P38, Ex.P38A, Ex.P38B and Ex.P39, neighbours, parents of Anik at Pune, alleged owner of flat No.302, Banjara Nilayam, scribe/author of documents at
Dhoom Technology, is fatal to the case of the prosecution. Ex.P36 is xerox copy.
There is no evidence of conspiracy for the offences under Sections 120(B), 121A, 153A IPC. Recovery is not reliable as it was recovered 5 days after the incident.
There was delay in recording 161 Cr.P.C statements after the incident. Witnesses were planted. There is no proof of presence of Pws. 53 and PW.56 at Laser show viz., entry ticket. The medical officers who treated and conducted autopsy did not send swabs of injury or recovered foreign material from the body of the deceased and injured and the same was not sent to FSL to know the components of the blast explosive. The evidence of PW.92 and Pw.76 is contrary to the evidence of PW.75 and 78. The security guards who were present at the entry gate of laser show and who watched and checked not examined in SC 3/2011.
11.The learned counsel for the accused No.5 & 6 submitted that no 24 (Lumbini Park) explosive substance is seized from the possession or at the instance of accused as per the prosecution story, and recovery of one detonator at the instance of A.1 and A2 from air duct of Banjara Nilayam is contrary to the evidence of witnesses, panch witnesses, IO and other circumstantial witnesses, and so recovery is not proved. The detonator is not explosive substance. There is no evidence to show that the explosive substance is brought to the scene of offence, the main source of said explosive substance not proved. Mere recovery of RDX from the accused itself is not sufficient to infer the accused indulged in terrorist act as defined under Section 15 of the Act. There is no evidence connecting the accused preparing bomb and helping other accused to use for commission of offence of terrorist act. Pws. 41 and 42 granted sanction in casual manner without application of mind. PW.42 simply identified signature of G. Srinivas the then
Section Officer and for sanction under Unlawful Activities Prevention Act, the concerned office was not produced by the prosecution for proving the sanction and hence the same is invalid. The evidence of PW.66 is full of omissions and contradictions, and he did not give reason as to why accused allegedly informed him about the blast claiming responsibility. He did not give proper reasons why he approached the accused who are residents of faraway place. There was no reason for him to visit for marriage alliance again. The alleged extra judicial confession statement was given by the accused in the month of September, or
October, 2007 but PW.66 kept quiet for two long years without informing anybody about the alleged statement though as per his own version it was a very serious issue and it is not the case of Pw.66 that he was given any threat not to disclose their statement to any third person. The alleged incidents are pertained to 2007 and the story of this witness, that of after coming out of the house he started residing with his friends, there one of the accused visited and subsequently blast took place cannot be taken into consideration as the alleged 25 (Lumbini Park) incident of blast was taken place in the year 2007 itself and the evidence of PW66 cannot be a typographical mistake as he deposed the same statement in three cases. This witness was called number of times and kept in custody and it can be inferred that this witness is a stock witness tutored by police to give statement against the accused, and the same is untrustworthy as held in I) 2011 10 SC 165
Pancho Vs. State of Harayana, iii)AIR 1975 SC 258 and iii) 2006 Crl.L. 4126
Srikanth and another Vs. State. The alleged property seized from Banjara
Nilayam was not sealed and the place where it was seized was not under exclusive possession of the accused, there is a gap of nearly two years from the alleged placing the articles and their recovery, and the accused is entitled to benefit of doubt as per decisions in 2003 SCC (Cri) 1999 Salim Akthar Alias Mota
Vs. State of UP , ii) 1997 SCC (Cri) 315 Saheb Singh Vs. State of Punjab. The duct was not sealed by the investigating Officer. When incriminating material not sealed on the spot raised considerable doubt regarding the factum of recovery. When the recovery at the instance of accused is not proved then the discovery of fact also is not proved by prosecution. Mos. 12 to 22 are easily available in market. Mere knowledge does not amount to possession. Belated discovery raises a question about its evidentiary value. The burden is not on the accused to prove a fact under Section 106 of the Evidence Act. Merely because the accused not able to prove his defence it cannot be presumed that the prosecution case is proved against the accused. There is inordinate delay in recording the statement of witnesses, and there is no proper explanation for the said delay. The accused need not give any explanation or statement during
Section 313 Cr.P.C. statement. There is material contradictions in the evidence of eye witnesses with regard to ID particulars of the accused apart from considerable delay. There is no evidence to prove charge of conspiracy. There is no evidence against A.5. The only evidence of PW.66 against A.6 cannot be taken into 26 (Lumbini Park) consideration.
12.Now the points for consideration are :
I) Does the prosecution prove that the death of the persons mentioned in
table No.1 is homicidal due to bomb blast occurred at Lumbini park?
Table No.1:
S.No. Name of the deceased died at Lumbini Park
1.D1Ibrahim Khan
2.D2Rupes Bhor
3.D3 M.K. Jain
4.D4Sourab Kumar
5.D5Irshad Ahmad
6.D6Vllah Bhai Patel
7.D7Milind Mandge
8.D8K.V. Anand
9.D9Chowdhari Kiran Arun
10.D10Sujith Kumar Jha
11.D11Sachin Bhavar
12.D12Yogesh Patel
II) Does the prosecution prove that the injuries caused to the persons
mentioned in table No.2 is due to bomb blast occurred at Lumbini Park?
Table: 2:
S.No.Name of the injuredNature of Injury Place of injury
1.Vikram Singh ChowanGrievous Lazerium, Lumbini Park,Hyd.
2.Anirudh KumarGrievousLazerium, Lumbini Park,Hyd.
3.P.M. ArunGrievousLazerium, Lumbini Park,Hyd.
4.Ashwin KumarsimpleLazerium, Lumbini Park,Hyd.
27 (Lumbini Park)
5.Swapnil RamachandraGrievousLazerium, Lumbini Park,Hyd. Gadekar
6.Mukund M. MarataGrievousLazerium, Lumbini Park,Hyd.
7.ChiragPradeepGrievousLazerium, Lumbini Park,Hyd. Deshmuk
8.Krishna Nandan SinghGrievousLazerium, Lumbini Park,Hyd.
9.Miss MayurisimpleLazerium, Lumbini Park,Hyd.
10.Sumit DasGrievousLazerium, Lumbini Park,Hyd.
11.Alk RanjanGrievousLazerium, Lumbini Park,Hyd.
12.Anurag KumarGrievousLazerium, Lumbini Park,Hyd.
13.Gotta Shiva Shiva NataGrievousLazerium, Lumbini Park,Hyd. Sekhar
14.J.K. ChowdaryGrievousLazerium, Lumbini Park,Hyd.
15.P.K. ShuklaSimple Lazerium, Lumbini Park,Hyd.
16.G.S. SagarGrievousLazerium, Lumbini Park,Hyd.
17.Dr.K.V. SrikanthGrievousLazerium, Lumbini Park,Hyd.
18.BalakrishnaGrievousLazerium, Lumbini Park,Hyd.
19,.Md. Riyaz KhanGrievousLazerium, Lumbini Park,Hyd.
20.M.P.MathurGrievousLazerium, Lumbini Park,Hyd. Peedikauyil Mani
21.M.L. Khan Simple Lazerium, Lumbini Park,Hyd.
III) Does the prosecution prove that accused No.1 (Anik) with the
common intention and conspiracy of A2, abetment and conspiracy of A5
and A6 and other absconding accused, caused the death of the persons
mentioned in the table No.1 by exploding bomb at Lumbini Park,
punishable under Section 302 IPC?
IV) Does the prosecution prove that accused No.1 (Anik) with the
common intention and conspiracy of A2, abetment and conspiracy of A5
28 (Lumbini Park)
and A6 and other absconding accused, attempted to commit murder of the
persons mentioned in the table No.2 by planting bomb at Lumbini Park,
with such an intention or knowledge and under such circumstances that if by
that act caused the death of persons mentioned in table No.2, they would
have been guilty of murder, punishable under Section 307 of Indian Penal
Code?
V) Does the prosecution prove that accused No.1 (Anik) with the
common intention and conspiracy of A2, abetment and conspiracy of A5
and A6 and other absconding accused committed mischief by exploding
bomb inside the lazerium, Lumbini Park, Hyderabad intending to cause
destruction of the Lumbini Park's property punishable under Section 436 of
Indian Penal Code ?
VI) Does the prosecution prove that accused No.1 (Anik) with the
common intention and conspiracy of A2, abetment and conspiracy of A5
and A6 and other absconding accused, within or without India conspired to
overawe by means of criminal force or show of criminal force, the Central
Government and the State Government, punishable under Section 121A of
Indian Penal Code ?
VII) Does the prosecution prove that accused No.1 (Anik) with the
common intention and conspiracy of A2, and abetment and conspiracy of
A5 and A6 and other absconding accused promoted feelings of enmity or
hatred between the groups viz., prejudicial to maintenance of harmony
between the said groups, disturbed or likely to disturb public tranquility on
25.8.2007 by exploding a bomb inside the Laserium Lumbini Park,
29 (Lumbini Park)
Hyderabad, punishable under Section 153A of Indian Penal Code?
VIII) Does the prosecution prove that accused No.1 (Anik) with the
common intention and conspiracy of A2, abetment and conspiracy of A5
and A6 and other absconding accused were party to a criminal conspiracy to
wage war against the Govt. of India and to commit other offences i.e.offences
punishable u/s punishable U/Sec.302 of Indian Penal Code (murder),
U/Sec.307 of Indian Penal Code (attempt to murder), U/Sec.436 of Indian
Penal Code (mischief by fire or explosive substances with intend to destroy
property at Lumbini Park, Hyderabad and Section 3 of the Explosive
Substances Act (unlawful causing explosion), Section 5 of Explosive
Substances Act (possession of Improved Explosive Devices unlawfully),
Section 13(1)(b) of Unlawful Activities (Prevention) Act, 1967 (advocating
or inciting the commission of unlawful activity), Section 16(a)(b) of the
Unlawful Activities (Prevention) Act, 1967 (to threat the unity, integrity,
security or soveri8ghnity of India or with intent to strike terror or likely to
strike in the people or any section of the people of India or in any foreign
country), and Section 18 of the Unlawful Activities (Prevention) Act, 1967
(conspired and attempted to commit terrorists act viz., exploding a bomb
inside the Lazerium Lumbini Park, Hyderabad), Section 20 of Unlawful
Activities (Prevention) Act, 1967 (being member of unlawful association or
gang and committing an act relating to its membership), punishable
U/Sec.120B of Indian Penal Code?
IX) Does the prosecution prove that accused No.1 (Anik) with the
common intention and conspiracy of A2, abetment and conspiracy of A5
and A6 and other absconding accused unlawfully exploded a bomb inside
the Lazerium, Lumbini Park, Hyderabad, punishable under Section 3 of the
30 (Lumbini Park)
Explosive Substances Act, 1908?
X) Does the prosecution prove that accused No.1 (Anik) with the
common intention and conspiracy of A2, abetment and conspiracy of A5
and A6 and other absconding accused were in unlawful possession of
explosives under suspicious circumstances, punishable under Section 5 of the
Explosive Substances Act, 1908?
XI) Does the prosecution prove that accused No.1 (Anik) with the
common intention and conspiracy of A2, and abetment and conspiracy of
A5 and A6 and other absconding accused, advocated or incited the
commission of unlawful activity by exploding a bomb inside the Lazerium,
Lumbini Park, Hyderabad, punishable under Section 13(1)(a) and (b) of the
Unlawful Activities (Prevention) Act, 1967?
XII) Does the prosecution prove that accused No.1 (Anik) with the
common intention and conspiracy of A2, and abetment and conspiracy of
A5 and A6 and other absconding accused, committed terrorist act by
exploding a bomb inside the Lazerium, Lumbini Park, Hyderabad, to threaten
the unity, integrity, security or sovereignty of India or with intent to strike
terror or likely to strike in the people of any section of the people in India or
in any foreign country , punishable under Section 16(a) and (b) of the
Unlawful Activities (Prevention) Act, 1967?
XIII) Does the prosecution prove that accused No.1 (Anik) with the
common intention and conspiracy of A2, abetment and conspiracy of A5
and A6 and other absconding accused, conspired and attempted to commit
31 (Lumbini Park)
commission of terrorist act viz., exploding a bomb inside the Lazerium,
Lumbini Park, Hyderabad, to threaten the unity, integrity, security or
sovereignty of India or with intent to strike terror or likely to strike in the
people of any section of the people in India or in any foreign country,
punishable under Section 18 of the Unlawful Activities (Prevention) Act,
1967?
XIV) Does the prosecution prove that the accused No.1,2, A5 & A6 were
members of terrorists gang, viz., Indian Mujahidden to commit terrorist act
by exploding a bomb inside the Lazerium, Lumbini Park, Hyderabad,.
Punishable under Section 20 of the Unlawful Activities (Prevention) Act,
1967?
XV) Does the prosecution prove that accused No.1 (Anik) with the
common intention and conspiracy of A2, a abetment and conspiracy of A5
and A6 and other absconding accused, committed damage of the property of
Lazerium, Lumbini Park, Hyderabad, punishable under Section 4 of the
Prevention of Damage to Public Property Act, 1984?
XVI) To what result?
13.To prove the case of the prosecution, the prosecution in all examined Pws. 1 to 93. PW.1 is the complainant who lodged the complaint,
Pw.2 is the injured, PW.36,PW.38, PW.44, PW.45 are the injuredcum circumstantial witnesses, PW3, PW.4, PW.5, PW.7, PW.8, PW.9, PW.10,
PW.12,Pws.13 to Pws.32, PW.42, PW.43, PW.46 to PW.52, PW.54, PW.55,
PW.57, PW.66, PW.72 and PW.77 are the circumstantial witnesses, PW.39,
PW.40, PW.53, PW.56, PW.69 are the eye witnesses, PW.33, PW.35, PW.58, 32 (Lumbini Park)
PW.59, PW.60,PW.70, PW.71 are the panch witnesses, Pws.34, PW.65, PW.67 are the medical officers, PW.61, Pw.63, PW.64 and PW.80 are the doctors who treated the injured, PW.73 is the Magistrate who conducted test identification parade of the accused, PW.74 is the Clues Team Officer, PW.75 Scientific Officer,
FSL, Pw.76 is the Asst. Director, FSL, PW.78 is the Asst. Director, FSL, PW.83 is the Asst. Director, FSL, PW.92 is the Explosive Expert, FSL, PW.85 and PW.93, are the Officers who assisted the Investigating Officers, PW.82 is the Officer who issued FIR in Crime No.582/207 of P.S. Saifabad, PW.86 is the Officer who issued sanction order, PW.87 is Section Officer, Secretariat, PW.89 is the officer who diffused the electric detonators, PW.84 is the Officer who conducted inquest panchanama and PW.88 is the officer who filed charge sheet.
14. POINT No.(I): Does the prosecution prove that the death of the persons mentioned in table No.1 is homicidal due to bomb blast occurred at Lumbini park?
andPOINT No.II)Does the prosecution prove that the injuries caused to the persons mentioned in table No.2 are due to bomb blast occurred at Lumbini Park?
15.To avoid repetition of the evidence and discussion on the points (I) and (II) and for the sake of convenience, the discussion on the points (I) and (II) is taken together.
16.There is no much dispute with regard to the death of the persons mentioned in tableI due to bomb blast and receipt of injuries to the persons mentioned in table No.2, but the only question raised by the counsel for the accused is that there was no use of high explosive in the form of I.E.D.
(Improvised Explosive Device) as alleged by the prosecution and it was only a low explosive material.
17.Now short question fall for consideration is whether the low explosive 33 (Lumbini Park) or high explosive used in the 3 places (Lumbini, Gokulchat & Dilsukhnagar)?
18.On this aspect the learned Special Public Prosecutor submitted that high explosive in the form of IED (time bomb) used in all three places. Per contra, the learned defence counsel vehemently contended that there is inconsistency in the evidence of PW.92 and PW.75. But on perusal of record, I find there is no such inconsistency as PW.92 categorically denied the said aspect.
Moreover PW.92 stated that the material used in all the three places are similar and corresponding to each other and cumulative of material used for preparation of IED with Ammonium Nitrate with emulsifier definitely comes under the
Explosives Substance Act. There is force in the submission of the learned Public
Prosecutor. As per the opinions of the Experts, the bomb was an IED (time bomb). Hence, I find that the bomb used at Lumbini Park is an IED (time bomb) and it is an high explosive.
19.To prove that the death of persons mentioned in table No.1 and the injuries to the persons mentioned in table No.2, the prosecution examined the complainant, eye witnesses, injured, relatives of deceased, inquest panchas, doctors and investigating Officers and got marked scene of offence panchanama, postmortem examination reports and medical certificates etc.
20.PW.1 K. Shashank Reddy, who is Laser Show Operator at Lumbini
Park deposed that on 25082007 the Laser show started by 7.15 PM as usual.
After running of show about 15 to 20 minutes later, he heard a huge sound from the gallery of blue seats. He found that after the blast the people were running away by screaming and also received some message in walky talky that due to some blasting public were running away. Immediately he put on the main lights and reached the scene of offence and found that three to four dead bodies were lying there and several people received injuries. The injured were being shifted 34 (Lumbini Park) with the help of people available there and himself helped in shifting them. The
Police reached the spot after 15 minutes and police also helped in shifting the injured persons. One Inspector some Reddy recorded his statement at 8.00 PM on the same day. After going through the contents he put his signature on the statement. Ex.P1 is the said statement/report signed by him. he visited Gandhi hospital where police conducted inquest over the dead bodies. He also visited
Osmania General Hospital and 3 to 4 dead bodies were found and police conducted inquest.
21.This witness was cross examined by the learned counsel for all the accused. Except eliciting that he did not state to the police in his statement about falling down of 7 to 8 sheets due to blasting and that Ex.P1 statement does not state about receiving message in walky talky about the blasting, nothing was elicited to disbelieve his evidence.
22.PW.2 P.K. Sukla deposed that in the year 2007 he was working as
Loco Inspector at N.K.J., Jabalpur, WCR., PW.36, PW.3, D1 Ibrahim Khan and D3
M.K.Jain (hereinafter referred to as “D1”,”D2”, “D3” etc,) used to work along with him. They 27 persons came to Hyderabad from their Department for training for a period of three days. They were in training from 23082007 to 25 082007. That on 25082007 in evening after completing their training they came out to visit the Hyderabad city. On the same day at about 7.00 PM they went to Laser show at Lumbini park. The said show started at 7.30 PM. At about 7.45 PM there was a big blasting in the said Laser show, in the said blasting several people received injuries including himself and his colleagues. Some people became unconscious, some were received injuries and some persons were died. After some time police and public started shifting the injured persons.
Himself, PW.36, D1 Ibrahim Khan and D3 M.K.Jain were shifted to Medwiin hospital for treatment as they received injuries. He received injuries on his right 35 (Lumbini Park) side of neck. Himself and PW.36 were admitted as inpatients.
23.PW.2 further deposed that in the midnight at about 2.00 AM he came to know that D1 Ibrahim Khan and D3 M.K.Jain were died due to injuries in the said blasting. Thereafter he and PW.36 took the permission from Doctor and went to Gandhi hospital and saw the said dead bodies. Both have received injuries on back side of their head.
24.In the cross examination, PW.2 stated that they received severe injuries but they were alive and his statement was recorded around 2.00 A.M on the same day at Gandhi Hospital. Except the same nothing was elicited to disbelieve the evidence of PW.2 with regard to the occurrence of the bomb blast and death of the deceased D1, D3 in the blast,
25.PW.3 K.K. Soni deposed that PW.2 and PW.36, D1 Ibrahim Khan and
D3 M.K.Jain are known to him and all are working in Railway Department. They all came to Hyderabad for training for 3 days. On the last day of their training they came out to visit Hyderabad city. They went to Lumbini park at about 7.00
PM and they were in the Laser show at about 7.30 PM. At about 7.45 PM there was some blast occurred from back side of their seats. After the said incident several people were running away and received injuries and there was hue and cry among the people. He observed that all his above said colleagues were received injuries due to the said blasting. With the help of people they were shifted to Medwin hospital. D1 Ibrahim Khan and D3 M.K.Jain were died while undergoing treatment. PW.36 and PW.2 taken treatment in the hospital.
Postmortem was conducted for D1 and D3 in Gandhi hospital. He was present at the time of inquest panchanama of the said dead bodies.
26.Except raising some minor inconsistencies with regard to the place of death of D1 and D.3 nothing was elicited to disbelieve the evidence of PW.3 36 (Lumbini Park)
27. PW.4 C.K. Namdev deposed that PW.36.K.Chowdary, PW.2, PW.3,
D1 Ibrahim Khan, D3 M.K.Jain are all colleagues in Railway, Jabalpur Division. In
August, 2007 around 27 or 28 persons came to Hyderabad for training regarding
Indian Railway system. On 25082007 they went to Lumbini park at about 7.00
PM to see Laser show. When they were in the Laser show after 15 to 20 minutes there was a big blasting occurred behind them. Several people were crying and running due to said blasting and found several persons were severely sustained injuries due to said blasting. He deposed that in the said blasting following persons received injuries viz. . PW.36, PW.2, PW.3, D1 Ibrahim Khan, D3
M.K.Jain. The injured persons were shifted to the Medwin hospital. He was also shifted to Medwin hospital along with the above said colleagues. D1 and D3 were declared dead in the hospital and PW.2 and PW.36 were undergoing treatment in the said hospital. He went to Gandhi Medical College along with dead bodies around 2.00 am on the same day of the incident. Post Mortem was conducted by the police to the said dead bodies, after that they collected the dead bodies.
28..In the cross examination, this witness denied suggestion that he did not visit Lumbini Park nor witnessed the incident.
29.PW.5 Karnesh Kumar deposed that D4 to D11( mentioned in table
No.1) are his classmates. The injured PW.12, PW.13, PW.14, PW.17, PW.18,
PW.20, PW.19, PW.21, PW.22, LW.44 Chirag Pradeep Deshmukh and LW.53
Mukund Maratha are also his classmates. PW.23, LW.42 B.N.Bansode (Professor), LW.45 Ishank Vaibhav Sharma, LW.46 Mohit Gajanan Patil, LW.47
Pooja Omkarnath Somani, LW.48 Rajashri Ramdas Dhondge, Pw.46 LW.50
Naresh Mahadeo Vadhane, LW.51 Khan Majid Salhuddin and LW.52 Ellaboina 37 (Lumbini Park)
Mallikarjuna Raju are students. They all together came to Hyderabad on industrial trip (Excursion). On 25082007 in between 7.00 to 7.30 PM went to
Lumbini park to watch Laser show. After 15 or 20 minutes while show is going they heard a big sound of blasting from their right side. Due to said blasting the students and so many people received injuries. Within 10 or 15 minutes all the injured were shifted to various hospitals with the help of public, police and others.
He went to hospital along with D7. They were shifted to Medi hospital, exactly he don't remember full name of the said hospital. Doctor declared D7 was dead. He received some minor injuries to his right ear and right leg. D7 was shifted to
Gandhi hospital, where the police conducted panchanama over the dead body at
Mortuary. He came to know that bombs attack was done by some terrorists. In the year 2009 some police came to his college and recorded his statement again.
They are all belong to Amruth Vahini Engineering College, Maharastra.
30..This witness was cross examined by the learned counsel for the accused and except eliciting that he did not state about his receiving injuries in the bomb blast nothing was elicited to disbelieve his evidence as to the blast, death of the persons and receiving of injuries by his colleagues.
31.PW.6 Aaryak Goutham deposed that in the year 2007 he was doing
Engineering IInd year at Amruthavahini Engineering College, Ahmednagar,
Maharastra. PW.5 is his collegemate. Minind Mandge (D4), Rupesh Bhore (D5),
Sourab Kumar (D6), Irshad Ahmed (D7), Sujit Kumar Jha (D9), Chowdary Kiran
Arun (D10) and Sachin Bhawar (D11) are his collegemates. PW.12, PW.13, 14,
PW.17, PW.18, PW.20, PW.19, PW.21, PW.23, and Mukund Maratha (LW.53) are injured persons and classmates and collegemates. He deposed that on 25 082007 at about 7.00 PM they all went to Lumbini park to see Laser show. Laser 38 (Lumbini Park) show was started after 10 or 15 minutes, after that while the laser show was running, after 20 or 25 minutes there was a big blasting occurred in the laser show. Several people received injuries and several people died, among the dead persons his two friends were also died and so many friends were injured. The blasting occurred at his back side.
32.This witness was cross examined and he denied suggestion that he did not go to Lumbi Park and no such bomb blast occurred and then he never visited Gandhhi and Osmania Hospital.
33.PW.7 J.V. Sridhar deposed that on 25082007 he visited the laser show at Lumbini park. The laser show started at about 7.15 PM. When he was in the laser show there was a bomb blasting occurred at about 7.30 or 7.35 PM from his behind. Public started running away by shouting and he saw that several persons were received injuries and several persons were died. He observed the different parts of the dead bodies were fallen down due to blasting. He immediately dialed 100 police. Police reached the spot. He observed that the people and police and also himself helped in shifting the injured to the hospital.
Next day he went to Mortuary, OGH and found several dead bodies who died in the said bomb blast. Police recorded his statement at hospital. In the year 2009 again police Octopus, Begumpet examined him and recorded his statement.
34.In the cross examination he denied suggestion that he never visited
Lumbini Park and no such bomb blast occurred in his presence.
35.PW.8 deposed that 25082007 at about 7.15 PM his brother called him and stated that he was going to laser show at Lumbini park. After that PW.8 was attending his work. After 15 minutes he saw in the news channel in TV that a bomb blast was occurred at laser show in Lumbini park and Gokul chat, Koti. He tried to call his brother through cell phone, but the cell phone was not lifted.
39 (Lumbini Park)
Therefore he went to Lumbini park and found that the police and public were available and the injured persons were shifting to the various hospitals due to bomb blast occurred there. Therefore he went to Osmania hospital to see his brother. He found the dead body of his brother in the Mortuary at OGH. He informed to LW.10 Dr. Raja Ram Mohan Rao that the deceased died in the bomb blast occurred at Lumbini park. Next day in the morning LW.10 Dr.Raja Ram
Mohan Rao visited the dead body at Mortuary of OGH. His statement was recorded by the police at the said hospital on the next day to the incident. Except suggesting that his brother did not go to the Lumbi Park and he did not receive injuries in the bomb blast, nothing was elicited to disbelieve his evidence.
36.PW.9 Dr. Raja Ram Mohan Rao deposed that on 25082007 he received a call from PW.8 at about 9.00 PM stating that his son K.V.Anand died at
Lumbini park. He immediately started and came to Hyderabad on 26082007 in the morning hours and went to Osmania General Hospital where he found his son's dead body. Police examined him and recorded his statement. After completion of PME the police handed over the dead body of his son.
37.PW.10 D7 Irshad Ahmed is his nephew. D7 was expired at
Hyderabad due to bomb blast at Lumbini park. He visited the hospital and identified the dead body of D7 in the mortuary. After completion of PME police handed over the dead body of D7 to him. PW.11 deposed in similar lines with that of PW.10. In the cross examination, he denied suggestion that he did not go to hospital and did not visit the dead body.
38.PW.12 deposed that he was studying Engineering II Year at
Amruthavani Engineering College, Ahmednagar and he along with his college 40 (Lumbini Park) mates came to Hyderabad for tour and on 25.8.2007 they went to Laser show,
Lumbini park at 7.00 p.m, or 7.15 p.m, and after 15 minutes of the show, there was a bomb blast in the said show. He was shifted to Medicit hospital and he was in ICU (Intensive Care Unit) D4, D5, D6, D7, D9, D.10 and D11 his collegemates died in the said bomb blast. Nothing was elicited to disbelieve his evidence.
39.The evidence of PW.13 is also in similar lines with that of PW.12 and he stated that he received severe injuries on his head and several people received injuries and several people died in the blasting. Nothing was elicited to disbelive his evidence.
40.PW.14 & Pw.17 & PW.19 who also visited Hyderabad along with
PW.5,6,Pw.12, PW.13 deposed that on 25.8.2007 around 7.15 p.m, while they were watching show, after 15 or 20 minutes a big blast took place in the said show; due to the said blast several people got injured and some people died .
PW.14 also received injuries on his back side of head in the said blast. In the cross examination PW.14 stated that all they were 29 persons came to Hyderabad and 28 persons visited Lumbini Park and he gave his statement to the police in the hospital. Nothing was elicited from the cross examination of PWs.17,19 too to disbelieve their evidence with regard to the occurring of blast and death of the persons mentioned by them.
41.PW.15 and PW.16 deposed that they visited Lumbini Park on 25.8.2007 and they received injuries in the blast. PW.18 also stated about receiving of injuries in the blast to his left side of ribs and receiving of injuries by so many people. He further stated that he was shifted to Mediciti Hospital for treatment. His friend Anirudh Kumar passed away after 3 years due to the said blast injuries.
41 (Lumbini Park)
42.The evidence of PW.20, 21, 22, 23, 24, 25, 26, 30, 37, 38,39,40,41, 43,44, 46,49, 54, 55, 57, 62, 69 is that they visited Lumbini park on 25.8.2007 and there was a blast and in that blast they received injuries to their bodies.
Except making some bald suggestions nothing was elicited to disbelieve their evidence.
43.Pw.27 who was working as Security Guard deposed that on 25.8.2007 while he was performing duty he heard bomb blast in the laser show and public shouting and running. He opened the gate, went inside and observed several people received injuries in the blast. They shifted the injured persons into autos. In the cross examination he stated that he do not remember whether CC
TV cameras fixed to the gates during the incident. In the cross examination, he stated that there are several gates to Lumbini Park and he do not remember whether CCTV cameras fixed to the gates during the incident but denied suggestion that he did not see any incident in Lumbini Park and that he was not on duty on the day of the occurrence.
44. PW.28 who is another security guard deposed that around 7.30 p.m, he heard big noise from laser show and he went inside there and came to know that there was a bomb blast occurred in the laser show. In in the cross examination he denied suggestion that no occurred at Lumbini Park on the day of incident.
45.PW.29 who was working as park ticket counter operator deposed that while he was in counter at around 7.30 or 7.40 p.m, he heard big bomb blast sound from the laser show and he rushed inside the show, noticed so many persons injured and some persons died in the blast at laser show.
42 (Lumbini Park)
46.In the cross examination, he stated that there is only one ticket counter in the laser show and three ticket counters at Lumbini Park, one is at main entrance and two are near the office, and he added that in one counter two persons issuing tickets and another counter near laser show one person issuing tickets and there is on counter separately for Lumbini Park. In the first counter also laser show tickets will be issued depending upon the heavy rush. He denied suggestion that he never attended any duty on the day of incident at Lumbini
Park.
47.PW.31 deposed that he worked as Lecturer in Amrutvahini College of Engineering and he along with their colleagues and students reached
Hyderabad for industrial tour. On 25.8.2007 they all came to Lumbini Park around 6.00 p.m, and at about 7.00 p.m. or 7.10 p.m, they entered to watch laser show and after 15 or 20 minutes later, he heard a big blast, and in the blast his students and many people received injuries, and two of their students died. The evidence of PW.32 is in the similar lines of PW.31. In the cross examination he stated that he did not sustain any injury in the incident but denied suggestion that he did not visit Lumbini Park at any point of time or witness any incident and put his signature on Ex.P5 Inquest Panchanama much subsequently.
48.PW.33, 35, 59 and 60 who are the inquest panch witnesses deposed that they acted as panch witnesses for the inquest panchanams of deceased mentioned in table No.1 and they noticed injuries on the bodies of the deceased and opined that the death of the deceased were due to injuries in the bomb blasts as mentioned in inquest panchanams viz., Ex.P7, Ex.P10, Ex.P53,
P.54.
In the cross examination, PW.33 stated that inquest panchanama does not contain all the details of deceased persons and it shows that there was 43 (Lumbini Park) only one injury on the head of the deceased. PW.60 stated in his cross examination that the other panch witness Desai explained him the contents of panchanama.
49.PW.68 M.K Parmar deposed that he worked as PSI at Gandhigram police station, Rajkot city. On 01092007 he gave letter to medical officer, Govt.
Hospital, Rajkot to conduct PME examination over the dead body of Yash S/o
Vallab Bhai Patel, aged about 12 years, who died while undergoing treatment in
Virani Wockhardt hospital, Rajkot and he was shifted from Yashoda hospital,
Hyderabad and he sustained injuries i.e. head injury in bomb blast occurred at
Lumbini park. Ex.P75 is the attested copy of requisition to doctor for PME in
Gujarati language. Ex.P76 is the translated copy in English. Ex.P77 is the police report for PME in Gujarati language. Ex.P78 is the translated copy in English.
Thereafter he conducted inquest over the dead body in the presence of Vasanth
Bai (PW.33) and LW.109 Ashok Bai. Ex.P79 is the inquest panchanama in
Gujarati language. Ex.P8 is the translation of Ex.P7. Ex.P79 is the PSO report from Gandhigram police station to him regarding death of Yash S/o Vallab Bhai
Patel for conducting inquest. Ex.P80 is the translation copy of Ex.P79.
In the cross examination, this witness stated that the deceased received only one head injury and denied suggestion that the said injury was not possible in the traffic accident.
50.PW.84 Madukar Swamy, who conducted inquest panchanama deposed that during the course of investigation he conducted inquest under
Ex.P53, P55 and P52 over the deceased 1, 2 and 3 respectively mentioned in table
No.2. On the instructions of Commissioner of Police, Hyderabad the inquest of other dead bodies were conducted by other Sub Inspectors. He examined PW.1 on 26082007 at Lumbini park. At the time of inquest he examined and recorded 44 (Lumbini Park) the statements of PW.2, PW.3, PW.4, PW.30 and PW.32. On 26082007 he conducted scene of offence panchanama which marked as Ex.P111 During the time of scene of offence panchanama he collected MOs.21 to 26. With the help of
Clues team the scene was secured, photographed, videographed and blast remnants were collected. On 27082007 he visited Mediciti hospital and recorded the statements of PW.12, 13, 14, PW.17 to 23. On the same he submitted the inquest report of the deceased to the court of I ACMM. On 2808 2007 he visited LV Prasad Eye hospital and recorded the statement of PW.24.
51.Nothing was elicited from this witness to disbelieve his evidence as to the death of the deceased mentioned in table No.1 and cause of the death of the deceased.
52.PW.34. PW.65 & PW.67 are the doctors who conducted postmortem examination of the deceased mentioned in table No.1.
53PW.34 Dr. Rajendra Sinh Chauhan deposed that he has been working as Tutor at PDU Govt Medical College, Rajkot, Gujarat State. Previously in the year 2007, he worked as Medical Officer in Emergency Department of Civil
Hospital, Rajkot, Gujarat. He conducted PME over the dead body of D12 Yash
Vallabhai Patel, aged 12 years. On 192007 at 1.20 am, he started PME over the dead body of D12 and concluded at 2.30 am on the same day. He found injuries over the dead body of the deceased viz., 1) Multiple old chicken pox scar marks 0.5 cm x 0.5 cm circular in shape, 2) pinkish colour dot like region present over anterior and posterior part of abdomen and chest and upper part of both lower limbs, 3) Multiple needle puncture mark present in both cubitcu tossa and both inguinl region, 4) Two needle puncture wounds present in lower part of neck on left side, 5) 1 cm x 1 cm contusion greenish yellow colour on 1 cm medial to left nipple, 6) Surgical stitch wound 9 cm long with 12 black colour stitches, right 45 (Lumbini Park) temporal region anterior end is 4 cm above right eye brow posterior end is 2 cm above right ear on dissection under line scalp are contused and under line skull bone is missing circular in shape, size 4 cm x 4 cm in right temporal region dark thick subdural hematoma present. 7) Fracture skull bone on both temporal region,
8) Surgical stich wound size 22 cm long x over left temporo occipital region 20 black colour stitches. On cut section underline scalp are contused underline skull bone are missing irregular shape about 11 x 8 cm size dura matter open thick dark subdural hematoma present.9) Surgical stich wound 2 cm long with 2 black colour stitches on left parietal region underline skull are contusion. The cause of death as per his knowledge is due to head injury and its complications. Prior to
PME, the deceased undergone treatment. He issued PME report which is Ex.P9.
In the cross examination, this witness stated that the age of the injuries are not mentioned inEx.P9 and he is not the treating Doctor.
54.PW.65 – Dr. K. Janardhan deposed that he retired from service as
Asst. Professor from Osmania Medical College, Forensic Department. Previously from 1993 to 2007 he worked as Tutor in the same department and from 2007 to retirement I worked as Asst. Professor. On 26082007 he received requisition to conduct autopsy over the dead body of Dr. K.V.Anand (D8), aged about 30 years.
He conducted PME from 2.10 AM to 3.00 AM on 2682007 and found and noted 14 ante motem injuries over the dead body of the deceased all injuries are fresh injuries among which he noted in page No.2 of his report and injuries 1, 7, 8, 9, 10, 11, 12 and 13 are fatal. He opined that the deceased died due to blast injuries of chest and abdomen associated with other multiple injuries and handed over the metal balls to the police. Ex.P64 is the PME report.
In the cross examination, this witness stated that he cannot show how many metal balls were handed over to the police and denied suggestion that 46 (Lumbini Park) he did not collect any metal balls from liver and lungs of the dead body and that he never handed over to police as there is no acknowledgement. He stated that the effect of bomb blast will be depending upon distance and also power and size of the bomb. He did not send any swabs to FSL. He stated that due to bomb blast the clothes would be torn. He recovered the clothes from the dead bodies and handed over to police for sending to FSL, to know about blowing, burning, tears and blood stains. He denied suggestion that he did not observe bomb blast injuries as he does not understand the said words. He further denied suggestion that in all the above cases the death occurred from violent trauma rather than bomb blast.
55.PW.67 – Dr. W. Sandhya Manohar deposed that he was retired as
Associate Professor from Gandhi Medical College in June, 2015. He received requisition to conduct autopsy over the dead body of Ibrahim Khan (D1), aged about 43 years. He conducted PME from 4.20 AM to 5.20 AM on 26082007 and found and noted 7 ante mortem injuries over the dead body of the deceased all injuries are fresh injuries among which he noted in page No.2 of his report and injuries 3, 4 and 6 are fatal. Approximate time of death is 6 to 12 hours prior to the autopsy. The cause of death to the best of his knowledge and belief was due to multiple injuries consequent to blast effect. Ex.P65 is the PME report and requisition from police.
56.PW.67 further deposed that thereafter he received another requisition to conduct autopsy over the dead body of Rupesh Bhor (D2), aged about 19 years. He conducted PME from 7.10 AM to 8.10 AM on 26082007 and found and noted 6 ante motem injuries over the dead body of the deceased all injuries are fresh injuries among which he noted in page No.2 of his report and injuries 5 and 6 are fatal. Approximate time of death is 12 to 18 hours prior to 47 (Lumbini Park) the autopsy. He opined that the deceased died with head injury consequent to blast effect. Ex.P66 is the PME report and requisition from police.
57.In the cross examination, he stated that he cannot say about the injuries and also weapons used in causing the injuries in Ex.P72 to P74 and he cannot say from how much distance the injuries were caused through bomb blast and he did not seize clothes from the dead bodies of the deceased from Ex.P65 to P.71. The said injuries are possible in traffic accidents also. He denied suggestion that the above said books it is not mentioned about bomb blast injuries and he is giving false evidence.
58.The learned counsel for the accused except raising a doubt about presence of witnesses and receipt of injuries nothing was elicited to disbelieve that the persons mentioned in Table No.1 died in the bomb blast that occurred at
Lazerisum Show in Lumbini Park.
59.From the above evidence of prosecution witnesses, it is clear that the death of the persons mentioned in table No.1 was homicidal due to bomb blast that occurred at Lazerium, Lumbini Park, Hyderabad.
60.Besides the death of the persons mentioned in table No.1, according to the prosecution so many persons got injured in the said blast.
61.Pws. 2, 6, 12, 13, 14, 15, 16 17, 18, 19, 20, 21, 22, 23, 24, 25, 36, 37, 38, 43, 44, and 45 are injured persons at the blast occurred at Lumbini Park.
62.PW.2 P.K. Sukla deposed that in the year 2007 he was working as
Loco Inspector at N.K.J., Jabalpur, WCR. PW.36, PW.3, D1 Ibrahim Khan and D3
M.K.Jain used to work along with him. They 27 persons came to Hyderabad from 48 (Lumbini Park) their Department for training for a period of three days. They were in training from 23082007 to 25082007. That on 25082007 in evening after completing their training they came out to visit the Hyderabad city. On the same day at about 7.00 PM they went to Laser show at Lumbini park. The said show started at 7.30 PM. At about 7.45 PM there was a big blasting in the said Laser show, in the said blasting several people received injuries including himself and his colleagues.
63.In the cross examination, this witness stated that only 21 trainees went to
Lumbini Park and during his visit about 100 to 150 people were there in Lumbini
Park. He was there in the Gandhi Hospital about half an hour. He denied suggestion that he never visited Lumbini Park on 25.8.2007 and no such blast occurred in his presence.
64.PW.6 Aaryak Goutham deposed that in the year 2007 he was doing
Engineering IInd year at Amruthavahini Engineering College, Ahmednagar,
Maharastra. PW.5 is his collegemate. Laser show was started after 10 or 15 minutes, after that while the laser show was running, after 20 or 25 minutes there was a big blasting occurred in the laser show.
65Except making suggestion that he did not visit Lumbini Park, nothing was elicited to disbelieve his evidence.
66.PW.12 deposed that while he was studying in Amruthavani
Engineering College, Ahmednagar, he came to Hyderabad along with his college mates and that on 25.8.2007 they all went to laser show, Lumbini Park at 7.00 p.m or 7.15 p.m. After 15 minutes from the show of laser show there was a bomb blasting in the said show. Several people received injuries and died. He also 49 (Lumbini Park) received injuries to his left leg. There was huge cry from the public about the blasting. The injured persons were shifted to various hospitals. He was shifted to
Mediciti Hospital.
67.In the cross examination he stated that he cannot say at what time he was shifted to Medici Hospital but denied suggestion that he did not visit the laser show and never received injuries.
68.PW.13 also stated in similar lines with that of PW.12, that he received several injuries on his head and several people received injuries and died in the blasting. PW.14 stated that he received injuries on back side of his head in the said blast. PW.15 stated that he received injuries and he was treated in
Nursing home for 5 days. PW.16 stated that he received injuries to his left hand and he was shifted to Hyderabad Nursing Home and he was treated there as in patient for 4 or 5 days. PW.17 stated that his leg was burn and left leg received injuries and there were ball bearing inside the legs. He was shifted to Mediciti hospital where he underwent treatment for 3 days . PW.18, 19 20, 21, 22, 23, 24,25, 36, 37, 38, 43, 44, and 45 also stated that they received injuries viz., left side of the ribs, left leg, left shoulder, pellet injuries, left eye, backside of body, etc. respectively, when they visited Lumbini Park on 25.8.2007 in the bomb blast.
69.Except giving suggestion that they did not visit Laser show and no incident occurred, nothing was elicited to disbelieve their evidence.
70.PWs. 34, 61, 63, 64 and 80 are the doctors who treated the injured mentioned in the table No.2. PW.34 Dr. Rajendra Sinh Chauhan deposed he worked as Medical Officer in Emergency Department of Civil Hospital, Rajkot,
Gujarat. He conducted PME over the dead body of D12 Yash Vallabhai Patel, 50 (Lumbini Park) aged 12 years. On 192007 at 1.20 am, he started PME over the dead body of D 12 and concluded at 2.30 am on the same day. He found injuries over the dead body of the deceased. viz, 1) Multiple old chicken pox scar marks 0.5 cm x 0.5 cm circular in shape, 2) pinkish colour dot like region present over anterior and posterior part of abdomen and chest and upper part of both lower limbs, 3)
Multiple needle puncture mark present in both cubitcu tossa and both inguinl region, 4) Two needle puncture wounds present in lower part of neck on left side,
5) 1 cm x 1 cm contusion greenish yellow colour on 1 cm medial to left nipple, 6)
Surgical stitch wound 9 cm long with 12 black colour stitches, right temporal region anterior end is 4 cm above right eye brow posterior end is 2 cm above right ear on dissection under line scalp are contused and under line skull bone is missing circular in shape, size 4 cm x 4 cm in right temporal region dark thick subdural hematoma present. 7) Fracture skull bone on both temporal region, 8)
Surgical stich wound size 22 cm long x over left temporo oscipital region 20 black colour stitches. On cut section underline scalp are contused underline skull bone are missing irregular shape about 11 x 8 cm size dura matter open thick dark subdural hematoma present.9) Surgical stich wound 2 cm long with 2 black colour stitches on left parital region underline skull are contusion. The cause of death as per his knowledge is due to head injury and its complications. Prior to
PME, the deceased undergone treatment. He issued PME report which is Ex.P9.
71.This witness stated that in Ex.P9 the age of the injuries are not mentioned.
72. PW.61 Dr. Raj Kumar deposed he worked as Consultant
Orthopedic Surgeon at Hyderabad Nursing Home from 2002 to 2011. On 2508 2007 while he was on duty three patients by name Sumit Das (PW.21), P.Bala
Krishna (LW.38) and Mohd.Riyaz Khan (LW.39) were brought to the hospital with injuries caused by bomb blast at Lumbini park. First he treated Sumit Das 51 (Lumbini Park) for following injuries. 1)Injury over left shoulder. When they examined under X ray he had a foreign body i.e. metal piece inside left shoulder region. He has done surgery the said metal piece. It is a grievous injury and he is discharged from the hospital on 27082007. Ex.P57 is the medical certificate issued by him.
Thereafter he treated P.Bala Krishna (LW.38) and he observed the following injuries. He had a injury left wrist region and he has done Xray examination they found a metal piece inside around the left wrist region. He has done surgery and removed the said metal piece. Ex.P58 is the medical certificate issued by him.
He treated Mohd.Riyaz Khan (LW.39) and he observed the following injuries. He had an injury right shoulder and he has done Xray examination we found a metal piece inside around the right shoulder. He has done surgery and removed the said metal piece. Ex.P59 is the medical certificate issued by him. As per the history and clinical examination he opined the injuries were due to bomb blast high speed velocity injuries.
73.PW.63 Dr. Anand Kumar deposed he worked in Yashoda Hospital,
Somajiguda from September, 2006 to December, 2011. While he was on duty on 25082007 at around 8.00 PM the patient by name G.S.S.Sagar (PW.44) came to their casualty with a history of sustaining injuries in the bomb blast at Lumbini park. He examined him and found the injuries viz. 1) Multiple abrasions over the right lower limb and avulsions and it was a bomb blast injury they advised him admission for observation and if needed surgical intervention of the injuries which are grievous because of bomb blast injuries and patient refused to admitted and went away against medical advise and the same thing informed to the police at 2240 hours. Ex.P61 is the said certificate issued by him.
74.In the cross examination, this witness stated that all three cases showing grievous injuries and stated that without dimensions it is not possible to describe simple or grievous injuries. He stated that he did not mention in Ex.P7 to P9 that 52 (Lumbini Park) the said injuries are caused due to bomb blast. He stated that foreign body material removed after surgery was not handed over to the Investigating Officer.
75.PW.64 Rajeev Kumar Reddy deposed that he is working in L.V.Prasad Eye
Institute from 2006. On 25082007 he treated the patient by name Mani for corneal tear lid abrasion vitreous hemorrhage. The patient has given history that he received injuries in the bomb blast occurred at Lumbini park on 25082007.
He was treated for three days. The injuries received by Mani were grievous in nature. Ex.P62 is the medical certificate. Ex.P63 is case sheet (attested copy).
76In the cross examination, this witness stated that basing on the type of injury and also history from the patient he mentioned it is blast injury. He conducted surgery to the left eye of the patient Mani. He denied suggestion that since he did not recover any foreign body from the eye of the patient he cannot say that it was blast injury. He denied suggestion that the injury is possible due to trauma other than bomb blast.
77.PW.80 Dr. T.J.C.Raj Kumar deposed that presently he is working in
Basawa Tarakam Cancer Hospital as Duty Medical Officer. From 2006 to 2007 he worked in Mediciti hospital as Medical Superintendent. Along with him LW.114
Dr. U.Prasad Babu used to work in our hospital as Duty Medical Officer in
Emergency department. He worked along with him for a period of one year. He can identify his signature. He expired in the year 2017 with heart attack. While he is working in Mediciti hospital he issued certificates on the basis of case sheets of 1)Vikranth Singh Chowhan (PW.12), Exs.P96 to 104 medical certificates issued by him,
78.PW.80 further deposed that LW.114 Dr. U.Prasad Babu treated and issued injury certificates of Anirudh Kumar (LW.15), Ex.P105 is the injury certificate, Mukund Maratha (PW.31), Ex.P106 is the injury certificate and Chirag 53 (Lumbini Park)
Pradeep Deshmukh (LW.44), Ex.P107 is the injury certificate. Exs.P105 to P107 are issued by Dr. U.Prasad Babu. All the above patients received injuries at
Lumbini blast on 25082007.
79.In the cross examination, he denied suggestion that the doctor who gave treatment only can give the opinion about the nature of injuries. He incorporated the details in the certificates basing on the MLC and case sheets. He did not mention dimensions of any injuries in all the above medical certificates.
80.PW.83 Dr. G.V.Jagadamba deposed that she retired as Joint
Director, FSL, Hyderabad on 31072016. Previously she worked in various stages in FSL for 29 years. In the year 2007 she was working as Asst. Director in APFSL.
She has done M.Sc. P.hd in Biological Sciences. She was trained in various branches of FSL. She dealt with in thousands of cases she gave her opinion during her service. In case file No.CHE/383/2007 received by their FSL on 1109 2007. The material objects numbering from 6a to 6n, 8a, 8b, 8c, 9a, 9b, 9c, 10a, 10b, 11, 12a, 12b, 13a to 13d, 14a, 14b, 15a, 15b, 16a and 16b are examined in
Serology section.
81.PW.83 further deposed that human blood is detected on item Nos.6a to 6l, 8a, 8b, 8c, 9a, 9b, 9c, 10a, 10b, 11, 12a, 12b, 13a to 13d, 14a, 14b, 15a, 15b, 16a and 16b. All the details of items (pieces of gauze and clothes of the deceased) are mentioned in her report. Blood group of blood stains on items Nos.
are as follows. Item Nos.6a, 6b, 6g, 9a, 9b, 9c, 10b, 15a, 15b, 16a and 16b is “B” blood group. Item Nos.6e, 6j, 8a, 8b, 8c, 12b is of “A” blood group. Blood group of blood stains on item Nos.6c, 6d, 6f, 6h, 6i, 6k, 10a, 11, 12a, 13a to 13d, 14a and 14b could not be determined. Blood is not detected on item No.6l, which is received as control for item Nos.6a to 6k. 6A to 6l are cotton swabs which were used during the examination. She gave her opinion and issued report. Ex.P91 is 54 (Lumbini Park) of FSL report. MOs.26 to 30 are the clothes.
82.In the cross examination, this witness stated that blood groups are A,
B, AB and O. The blood group can be detected after lapse of anytime. After conducting the examination he gave his opinion and about the type of examinations done in his report.
83.PW.84 Madhukar Swamy deposed that he worked as Inspector of
Police, Special Investigation Team, Hyderabad from September, 2006 to April, 2010. As per the instructions of Addl. Commissioner, Crimes he took up the investigation in Cr. No.582/2007 of PS Saifabad. During the course of investigation he conducted inquest under Exs..P53, P55 and P52 over the deceased 1, 2 and 3 respectively. That during the inquest proceedings he examined PW.1 on 26082007 at Lumbini park. At the time of inquest he examined and recorded the statements of PW.2, PW.3, PW.4, PW.30 and PW.32.
On 26082007 he conducted scene of offence panchanama which is marked as
Ex.P111. During the time of scene of offence panchanama he collected MOs.21 to
26. With the help of Clues team the scene was secured, photographed, video graphed and blast remnants were collected. On 27082007 he visited Mediciti hospital and recorded the statements of PW.12, 13, 14, LW.15, PW.17 to 23. On the same he submitted the inquest report of the deceased to the court of I ACMM,
Hyderabad
84.Coming to the documentary evidence, Ex.P1 is the statement of
PW.1 in which he stated about occurrence of blast on 25.8.2017 while the laser show was on at 7.15 p.m. Ex.P2 to P7 are the inquest panchanams of D.7, D.10,
D.9, D.2, D.11 and D.12, Ex.P10 is Inquest panchanama of D.8, Ex.P52 to P.56 are the inquest panchamas of D3, D1, D4 and D.6 which go to show that the 55 (Lumbini Park) panchas opined that the death of the occurred due to the bomb blast that occurred at Lumbini Park. Ex.P64 to 74 are the postmortem examinations reports along requisitions of deceased No.1, D2, D3, D4, D5, D6, D7,D8, D9, D.10 and D.11, wherein it was opined the cause of death of deceased as mentioned in table No.3
Table No.3
S.No. Cause of death of deceased as per PME report
1.D1Ibrahim Khan “Due to multiple injuries consequent to blast effect”
2.D2Rupes Bhor “Due to multiple injuries consequent to blast effect”
3.D3 M.K. Jain ““Due to head injury consequent to blast effect”
4.D4Sourab Kumar “Due to multiple injuries consequent to blast effect”
5.D5Irshad Ahmad “Due to multiple injuries consequent to blast effect”
6.D6Vllah Bhai Patel – “Due to head injury consequent to blast effect”
7.D7Milind Mandge “Due to multiple injuries consequent to blast effect”
8.D8K.V. Anand “Blast injuries of chest and abdomen associated with other multiple injuries.”
9.D9Chowdhari Kiran Arun “Head and Chest injuries to bomb blast”
10.D10Sujith Kumar Jha “Head injury to bomb blast”
11.D11Sachin Bhavar “Head and Chest injuries to bomb blast”
12.D12 Vallabhai Patel “Due to head injury and its complications”
Ex.P.87 bunch of photos show that lying of dead bodies in the laserium show at
Lumbini Park. Ex.P111 scene of offence observation cum seizure panchanama conducted by PW.84 would go to show that there were 8 rows, and there were 41 seats in 8th row, and 40 seats each 78th, 6th row, and out of which 11 seats have 56 (Lumbini Park) been missing due to the impact of bomb blast and the seizure of pieces of fibre chairs, metallic balls, broken pieces of battery 9 voltas and 1.5 volta battery and pieces of wires, short pieces of black bag, melted plastic pieces of blood stained swab collected from different places of crime scene.
85.At the risk of repetition, though there is no much dispute with regard to the blasts and consequential deaths and injuries, the cross examination of medical officers who conducted the postmortem examinations admitting non mentioning the age of the injuries and nonsending of the foreign bodies removed from the injured and deceased do not go to the root of the case because the deceased and injured were shifted to several hospitals. Even otherwise all the doctors except the doctor who conducted postmortem examination of D.12 opined that the deceased died due to blast effect. In so far as injured persons also the doctors opined that they sustained bomb blast injuries.
86.On over all scrutiny of the evidence of prosecution witnesses, it is clearly established that the death of the persons mentioned in table No.1 is homicidal due to bomb blast occurred at Lumbini park, and the injuries caused to the persons mentioned in table No.2 are due to bomb blast occurred at Lumbini
Park. Point (I) and (II) are answered affirmatively.
87.To prove the points No.(III) to (XV), the prosecution relied upon the following circumstances, viz., a. Prior to June 2007, PW66 stayed with his cousin Farooq Sharfuddin Tarkash (A5) for 15 days, where Farooq Sharfuddin Tarkash(A5) introduced Accused No.1 and A2.
b)During June 2007, Farooq Sharfuddin Tarkash (A5) called PW66 and asked him to take care of A1 who was visiting Hyderabad.
c) After meeting PW.66, A1 and PW.66 went around the city of Hyderabad including Gokul Chat bhandar, Lumbini Park and Dilsukhnagar (Evidence of PW66, PW72).
57 (Lumbini Park)
d) A.1 left PW.66’s place at Dilsukhnagar, informing that he would go to Pune, but went and stayed at Azizia Hotel at Nampally from 23.07.2007 to 30.07.2007. A.1 then taking Banjara Nilayam flat 302 on rent in August 2007 after entering into a rental deed.
e) A2 joining A1. Accused No.1 & A2 staying at Banjara Nilayam during August, 2007 in false names of Satish Gaekwad and Vinod Patil (Anik Shafique Sayeed (A1) as Satish Gaekwad and Akbar Ismail Chowdary (A2) as Vinod Patil).
f) Anik Shafique Sayeed (A1) purchasing TV and taking cable connection.
g) Accused joining Dhoom technologies for brief period in the false names of Satish Gaekwad and Vinod Patil (Anik Shafique Sayeed (A1) as Satish Gaekwad and Akbar Ismail Chowdary (A2) as Vinod Patil).
h) Purchase of material i.e. bag, batteries etc. by A1 and A2 prior to blasts.
i) Anik Shafique Sayeed (A1) found with a bag at Lumbini Park minutes
before blast at Lumbini park.
j) Explosions taking place after Anik Shafique Sayeed (A1) left leaving the bag on the seat as witnessed by PW53 and PW56.
k) Akbar Ismail Chowdary (A2) found at Dilsukhnagar around 7.30 PM, placing bag and leaving on same day i.e, 25.8.2007.
l) Bomb found in the bag placed/hung by A2 Akbar to the vehicle of PW 5, which was defused.
m) Bomb placed in Gokul chat bhandar which exploded on 25.08.2007.
n) Blast remnants containing Ammonium nitrate.
o) Deaths of several persons and injuries at Lumbini park and Gokul chat bhandar.
p) Arrest of accused in Mumbai cases for terror related offences (Evidence of PW38).
q) Intimation of Mumbai Police to Hyderabad about the alleged involvement of accused in Hyderabad blasts.
r) Taking accused into custody from Mumbai.
s) Confession of Anik Shafique Sayeed (A1) Exp42 in SC 3/2011 and Akabar Ismail Chowdary (A2) Exp43 in SC 3/2011.
t) Accused leading police to Banjara Nilayam where the accused stayed.
u) Recovery of blast material at the instance of Anik and Akbar in duct of 58 (Lumbini Park)
Banjara Nilayam, Accused staying at Banjara Nilayam, recovery of IED parts, A2 taking cable connection, joining Dhoom Technologies are all known to the investigation at the instance of A2 which is admissible u/s 27 I.E. Act,
v) Confession made to PW66 by accused corroborating the facts discovered at the instance of accused. Evidence of PW66 discloses:
i) PW30 visiting Farooq Sharfuddin Tarkash (A5) and staying with him.
ii) Farooq Sharfuddin Tarkash (A5) introducing Anik Shafique Sayeed (A2) and Akbar Ismail chowdary (A1) to PW30 at Pune.
Iii) Farooq sharfuddin Tarkash(A5) requesting PW66 to help Anik Shafique Sayeed (A1) who was coming to Hyderabad.
iv Anik Shafique Sayeed (A2) having taken the help of PW30 stayed back in Hyderabad without intimation to PW30.
w) Accused causing explosions at Lumbini park and Gokul chat bhandar and placing bomb at Dilsukhnagar.
88.This case rests upon circumstantial evidence. It is apt to refer the settled principles of law reported in Sharad Biridhichand Sarda Vs. State of
Maharastra AIR 1984 SC 1622 wherein it is held thus:
1) the circumstances from which the conclusion of guilt is to be drawn should be fully established. The circumstances concerned 'must or should' and not 'may be established'
2)the facts so established should be consistent only with the hypothesis of the guilt of the accused, that is to say, they should not be explainable on any other hypothesis except that the accused is guilty.
3)the circumstance should of a conclusive nature and tendency.
4)they should exclude every possible hypothesis except the one to be proved and
5)there must be a chain of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused.
90.Now let me examine whether the prosecution established the following circumstances beyond all reasonable doubt?
59 (Lumbini Park)
91. Prior to June 2007, PW66 stayed with his cousin Farooq Sharfuddin
Tarkash (A5) for 15 days, where Farooq Sharfuddin Tarkash(A5) introduced
Anik Shafique Sayeed (A2) and Akbar Ismail Chowdary (A1)
92.In so far as first circumstance is concerned, PW.66 deposed that he came to Hyderabad in the year 2003, joined AnwarulUloom College for pursuing
M.Com. Post Graduate. He was unable to complete M.Com as such he joined
English training course and also Hardware and networking courses in Hyderabad.
In search of a job he went to Pune to his father’s sister’s house. Farooq (5) is the elder son of his father’s sister where he stayed at Pune, at the house of A.5 who was his cousin. In the process of finding a job he was accompanied by A.5 to his office at times. In the process of searching for the job he was selected through a consultancy for a BPO training. He used to attend training classes which were for a period of 15 days and used to stay at the place of Accused No.5. Meanwhile during the said stay he also met two friends of (A5) whose names are Anik (A.1) and Akber (A.2). Initially Akber was introduced as Sayeed by his cousin Farooq (A5).
In the cross examination, PW.66 denied suggestion that Mumbai Police warned him to give statement as per their advice otherwise they will implead him as accused in the case.
93.The case of the defence is that A.1 & A2 never met A.5 in the presence of
PW.66 nor they were introduced to PW.66.
On the other hand, the learned Special Public Prosecutor submitted that
PW.66 is none other than relative of Accused No.5 and there is nothing to indicate any motive to state falsely against the accused and there is corroboration in the form of evidence to this witness.
On scrutiny of the evidence of PW.66, since there is no specific denial of the accused No.1,2 and A5 meeting PW.66 at Pune, the evidence adduced by 60 (Lumbini Park)
PW.66 with regard to their meeting at Pune appears to be cogent , reliable and trustworthy. There is no reason to disbelieve the testimony of this witness because no animosity attributed against by A1 and A2. There are certain omission n respect of A5 but there are no omissions and contradiction in respect of A1 and
A.2. Therefore there is no hesitation to hold that this circumstance is established beyond all reasonable doubt.
94. During June 2007, Farooq Sharfuddin Tarkash (A5) called PW
66 and asked him to take care of Anik Shafique Sayeed (A1) who was visiting
Hyderabad .
95.In so far as second circumstance is concerned, PW.66 deposed that during June, 2007 after he shifted to his friends house at Dilsukhnagar, he received a phone call from Farooq (A5), asked him to take care of Anik (A1) who was coming from Pune and help him as per A1 Anik’s requirement which was computer training. Accordingly he sought permission from his friend Srinivas
Reddy (LW.69) for the stay of Anik (A1) at their place. One week thereafter in the last week of June or first week of July Anik (A1) came to Hyderabad and called him on phone. He guided him to Dilsukhnagar and when he came to
Dilsukhnagar by bus route No.156 he received A1 around 8.30 AM or 9.00 AM.
96.Nothing was elicited from the cross examination of Pw.66 to disbelieve his evidence with regard to making call by accused No.5 to PW.66 to render help to the accused No.1 who was visiting Hyderabad. Therefore this Court holds that this circumstance is also established.
97. After meeting PW66, Anik Shafique Sayeed (A1) and PW66 went
around the city of Hyderabad including Gokul Chat bhandar, Lumbini Park
and Dilsukhnagar 61 (Lumbini Park)
98.In so far as this circumstance is concerned, PW.66 deposed that as informed by Farooq (A5) and at the request of A1 Anik for going around places in
Hyderabad as it is a tourist place and also for the purpose of identifying training centers he took A1 Anik around Hyderabad. He took A1 Anik to Golconda Fort,
NTR gardens, Lumbini park, Old city (Charminar). In the evening they came back by bus via Women’s college, Koti. He informed Anik (A1) that in Koti there was a famous eatery by name Gokul chat and shown Gokul chat Bhandar and also book shops where many students purchase second hand books.
99.Pw.72 Kalyan Kiran deposed that presently he is doing jewellery business at
Narayanpet, Mahaboobnagar District. He was residing at Hyderabad from 2005 to 2010. He was doing as salesman in jewellery shop. He was residing at
Hyderabad in P & T colony, Dilsukhnagar. Along with him his friend Srinivas
Reddy (LW.69) and Jangam Mallikarjun (LW.71) were residing in the room at P &
T colony. In the year 2007, PW.66 was also joined in their room in May or June.
After one month, friend of PW.66 viz., Anik (A1) came and joined in the same room and stayed for two days. PW.72 identified the accused No.1 He further deposed that after that said accused A.1 went away by saying that he was going to Pune..
100.On analysing the evidence of PW.66 supported by the evidence of PW.72 it can be concluded that the accused No.1 visited to the room of PW.66 at
Dilsukhnagar and they moved around Hyderabad. Thus it is proving another chain of circumstances about the visit of the accused No.1 to Hyderabad and their moving around Hyderabad city tourist places.
101. Anik Shafique Sayeed (A1) left PW.66's place at Dilsukhnagar,
informing that he would go to Pune, but went and stayed at Azizia Hotel at
Nampally from 23.07.2007 to 30.07.2007. Anik Shafique Sayeed (A1) then
62 (Lumbini Park)
taking Banjara Nilayam flat 302 on rent in August 2007 after entering into a
rental deed ExP30
and
102, Accused staying at Banjara Nilayam during August, 2007 in false
names of Satish Gaekwad and Vinod Patil (Anik Shafique Sayeed (A2) as
Satish Gaekwad and Akbar Ismail Chowdary (A1) as Vinod Patil)
103.PW.66 and Pw.72 deposed that accused A.1 went away by saying that he was going to Pune.
104.There is no specific suggestion to PW.66 and PW.72 that accused
No.1 did not inform about going to Pune.
105.PW.48 Abdul Razaak Khan deposed that he is the owner of Azizia lodge, Nampally, Hyderabad. From 2000 to 2008 he run the said lodge. Earlier his father used to run the lodge. The said lodge building was let out for furniture shop. In the second or third month of 2009, police came to his lodge along with some persons. Police also brought one person. After seeing the said person, he told to police that the said person stayed in their lodge in the eighth month of 2007. He can identify the said person who came along with police. He identified the accused No.1 (Anik Shafiq Sayeed) as the same person stayed in the lodge.
He further deposed that police seized said register under panchanama and in the said panchanama his signature, panch witness signature, police officer signature and the accused signature was obtained. Ex.P35 is the said panchanama dt.12.02.2009. Ex.P36 is the copy of register of their lodge which contains the signature of A1 the accused under dt.23.07.2007 at 7.35 pm ie., date, time of arrival of A1. He stated that A1. stayed in their lodge for seven days.
106.This witness was cross examined by the learned counsel for the accused. He stated that one person by name M.A. Jaleel stayed in their lodge for 63 (Lumbini Park) one day prior to A1, and thereafter Anik (accused No.1) stayed for one day as per Ex.P48. But again he added that Accused No.1 (Anik S/o. Mohammed) stayed for seven days). He added that the contents of Ex.P48 were written by respective customers. The original register of Ex.P48 is with him. There is no page number or customer serial number on Ex.P48; but denied suggestion that
Ex.P48 is fabricated by him as asked by police.
107.The learned counsel for the accused No.1 submitted that the original register was not sent to Handwriting Expert but they sent only three xerox copies, which are marked as Ex.P30 in SC No.1/2011, Ex.P29 in SC No.2/2011 and
Ex.P36 in SC No.3/2011, though the original lodge register available, it was not sent to FSL.
108.The learned Special Public Prosecutor filed memo in Crl. MP No. 377 of 2018, stating that the original register pertaining to Azizia Lodge,Nampally was seized under panchanama and the said original register was sent to FSL through learned I Additional Chief Metropolitan Magistrate Court, Hyderabad. However, the said original register went missing and could be traced in the court records and due to nonavailability of the original register, photocopies of the relevant extracts were marked through witnesses in all the three cases.
109.Perused the original of Ex.P36 register, it would show that it is an original register maintained by the Azizia Lodge, and it is containing the stamp of
FSL evidencing receipt of the said original register by them under File
No.DOC/68/2009, and questioned signatures as Q1, Q.4 and Q.5, and also the signatures of the panchas evidencing seizure of the same from the Azizia Lodge at the instance of accused. There is also Inward No.22 evidencing receipt of the same by the learned I Additional Chief Metropolitan Magistrate, Hyderabad.
Under the said circumstance, no much weight need be given to the stray 64 (Lumbini Park) admission of PW.66 that the original of Ex.P36 register is with them, and contents of original register can be taken into evidence, and there is no force in the contention of the learned counsel for the accused No.1, that original register of Azizia lodge was not sent to FSL for opinion of Handwriting Expert. Further even on close perusal of xerox copy of register, it does not contain any seal of FSL or receipt of the said xerox copy and therefore the stand of the accused falls to ground..
110.The learned counsel for the accused vehemently contended that there is no reasoning given by the expert and hence the said opinion cannot be considered for arriving to any conclusion that the writings appeared in the register is that of accused No.1. He further contended that the writings as marked under
Q2 to Q.5 are not tallied with that of A.1. On this aspect, perusal of the expert opinion and the documents under original of Ex.P.36 and Ex.P36 shows that the
Expert while confirming that the signature appearing on the register is that of accused No.1, stated that the further writings of the accused No.1 is necessary to offer opinion about the writings. However, perusal of the above admitted writings one can come to conclusion that the person who wrote the admitted writings tried to disguise his original hand writing. In so far as the reasoning of the expert is concerned, perusal of Ex.P93 clearly shows that he has given good reasoning for signature marked as Q.1, and stated that the person who wrote the red enclose signatures and writings marked S1 to S57 also wrote the red enclosed signature marked Q.1. Even Expert is also confirming that the original register was received by him and he examined it. He further denied suggestion that he did not examine the original register.
111.From the above discussion, it can be safely concluded that the accused No.1 Anik stayed in the Azizia lodge from 23.07.2007 at 7.35 p.m, to 65 (Lumbini Park) 30.7.2006 till 4.10 p.m., and did not go back to Pune as informed to them and the said circumstance is supporting the version of PW.66 and PW.72. Accordingly this circumstance is proved.
112.The next chain of circumstance relied upon by the prosecution is that the accused after vacating the room at Azizia Hotel, he went to portion at
Banjara Nilayam. To prove the same, PW.34 is examined in SC 2/2011.
113.PW.34 G. Hariram (examined in SC No.2/2011) deposed that he retired as Chief Engineer, Irrigation Department in the year 1985, he got two daughters and one son. Dr. Vasuda is his elder daughter, she was residing at Nizamabad along with her family. He was holding two flats in Banja Nilayam Apartments,
Habsiguda with Flat Nos. 102 and 302. He gifted both the flats to his daughter
Dr. Vasudha. He is looking after the said flats with regard to maintenance and also collecting rents. That in the Flat No 302, the tenants were vacated hence he gave paper publication calling the tenants in Deccan Chronicle in the month of
July 2007. On 30072007 one Satish contacted him through phone and met him at Secunderabad railway station, both they reached the said flat and he shown the flat for which he accepted on the rent of Rs. 4000/ PM and gave him total Rs.
12,000/ towards advance inclusive of two months advance and one month rent, and they entered into rental agreement and that the said Satish signed on rental agreement. Ex.P.30 is rental deed dtd. 30072007.
114.PW.34 further deposed that on 06082007 another person named
Vinod joined in the said flat along with Satish. On 09082007 also another person named Rajesh also joined in the same flat. The joining of said two persons also mentioned in rental deed. police called him to the said flat hence he went there and police conducted panchanama in his presence and seized rental 66 (Lumbini Park) deed from him. Ex.P.3 is the seizure panchanama dtd. 11022009 (marked in SC
No.2/2011) contains his signature and also others. One of his neighbours
Venugopal and Anik also signed on Ex.P.3.
In the cross examination (in SCNo.2/2011), this witness stated the police have shown the Satish and Vinod by giving their other names. Photographs of the said person was shown to him. He admitted that Ex.P3 was conducted by the police after showing the Satish and Vinod by giving their different names.
115.Ofcourse, this Court cannot rely up on the evidence of this witness (PW.34) because he has not been examined in this case. However, Ex.P30 original rental deed is marked in this case. The evidence of PW.42 , PW.52 and PW.70 is supporting the stay of accused No.1 & 2 as tenants in the flat No.302 and the same is corroborating to Ex.P30 original rental deed.
116.The learned Special Public Prosecutor submitted that the accused
No.1 & 2 were taken into police custody, interrogated and they lead the police to
Banjara Nilayam where they stayed during the month of August,2007 and the said place is shown to the Investigating Agency for the first time after the accused led them to the complex and showed them that they stayed in Flat No.302. He further submitted that Ex.P30 is the rental agreement with the owner of the flat.
The rental deed was seized under panchanama by PW.52 from the owner Hariram (examined as PW.34 in SC No.2/2011),.
117.PW.47 deposed that in the month of August, one person by name
Satish Gaiward came to his cable office Venkateshwara cable and asked for cable connection to flat No.302, Street No.8, Banjara Nilayam, Habsiguda and identified the accused No.1 as the said person who introduced himself as Satish
Gaikwad. He further deposed about handing over of Ex.P32 and Ex.P33 to the police visited to their office along with accused. In the cross examination, this witness denied suggestion that Ex.32 and P33 are fabricated.
67 (Lumbini Park)
118.The learned counsel for the accused except taking a defence that the accused never visited Hyderabad, nothing elicited to disbelieve the entries in original register of Azizia Lodge and entering of rental agreement with the GPA holder of the Flat. Ofcourse the name of the tenant mentioned in Ex.P.30 is that of “Satish Gaikwad” but as per the evidence of prosecution, the accused No.1 stayed in the said flat by furnishing wrong name in the rental deed and in support of the same, they got marked identity card of accused No.1 having affixed photograph of accused No.1 on it with different name as “Satish Gaikwad” and the same was seized at the instance of the accused from the Banjara Nilayam, which is supported by panch witness; , and the same would only show that the accused No.1 stayed in Banjara Nilayam with different name as Satish Gaikwad and A.2 stayed with different name as “Vinod Patil”.
119.The learned counsel for the accused assailed the case of the prosecution on this circumstance that the original owner of the Flat No.302, is not examined in this case; and instead the owner, her father is examined in SC
No.2/2011 but not in this case. Even he identified Accused No.5 as if accused
No.1. He got marked Ex.D3 showing the name of Vasuda as owner of flat No.302.
It is true the flat stands in the name of Vasundara who is a daughter of this witness and hence she is not examined. At this stage the learned Public
Prosecutor strenuously argued that had Ex.P30 been fabricated document, it would have contained signature on each and every document. As it is an original document signature is obtained only on the last page of the document as there is no space on the bottom of the first three pages and it is seized in the presence of panchas under separate seizure. Therefore, this document cannot be doubted because it was seized from the possession of father of the owner. Moreover the accused No.1 obtained cable connection to this flat No.302 by furnishing wrong name under Ex.P32 and P.33 supported by the evidence of PW.47. So, these two 68 (Lumbini Park) circumstances are coinciding that A1 and A.2 stayed in Flat No.302, at Banjara
Nilayama prior to the date of incident and on the date of the incident. Of course, the father of owner of the flat is not examined in this case, but the original rental deed is marked in this case and basing on the same the prosecution proved these two circumstances. This circumstance is also established beyond all reasonable doubt.
120.Purchase of material i.e. bags, batteries etc. by A1 and A2 prior to blasts.
In so far as the above circumstance is concerned, PW.50 deposed that from the year 2001 to 2010 he was doing business along with his brother Divyesh
Khodoria in the name of Max Mobile Accessories situated at Gujarati Galli, Bank
Street, Koti, Hyderabad. In the month of February 2009, some police officers came to his shop along with one person. Police enquired with him about the said person. Then he said that long time back, the said person along with another person purchased nearly twenty 9 volts batteries. He can identify those batteries.
(MO.s 5 to 7 which are marked in SC No.01/2011 were shown to the witness) witness identified that they are the same batteries sold to the said person. He can identify the person who purchased the batteries from him. A1 (Anik Shafiq
Sayeed) is the said person. The other person is not present in the Court but he stated that he can identify him, if seen.
121.During the course of cross examination, nothing was elicited to disbelieve his evidence. For the suggestion given by the defence counsel, the witness stated that “ I do not have any prior acquaintance with the above said accused prior to 2007”. So, this suggestion shows that from 2007 he got acquaintance. The said suggestion boomeranged neck of the accused. So, the further answer by the witness that he saw the accused for the first time in his shop 69 (Lumbini Park) for the first time in 2009 is nothing but stray admission and need not be given much importance in view of identifying the accused No.1 when he led the police and panchas to his shop.
122.“In so far as MO.,7 is concerned, the learned counsel for the accused No.5 and A6, vehemently contended that it is planted one and it contains the date of purchase on the bottom of the battery as October,2008 (102008),.
Per contra, the learned Public Prosecutor submitted that the said date is not the manufacturing date. However, it is general phenomenon that it will contain the expiry date but not the date of manufacture. Added to this, Ex.P87 reads as under:
“Now, I will also show the shops where I purchased the batteries that were used in Improvised Explosive Device, portable colour TV, cell phone and SIM card, I will also show the shops where I sold the colour TV and cell phone after the blasts.”
The above aspect is supported by panch witness PW.71. Therefore, there is no force in the contention of the learned counsel for the accused that MO7 is a planted one.
123.PW.51 deposed that he is running business of selling old Televisions at Haridas Market, Bank Street, Koti, Hyderabad by name Ganesh Electronics since 15 or 16 years. In the year 2009 one police officer came to their shop along with others with a person. He questioned whether the said person purchased any
T.V from him. He identified the said person and told that the said person purchased a T.V from him prior to Gokul Chat Blast. Witness identified the said person Accused No.1 (Anik Shafiq Sayeed).
124.The defenece did not choose to cross examine this witness.
125.This witness was cross examined by the defence counsel and nothing 70 (Lumbini Park) was elicited to disbelieve his evidence. It is general practice that when old TVs are sold, no bills will be issued to the customers.
126. Anik Shafique Sayeed (A1) found with a bag at Lumbini Park minutes before blast at Lumbini park.
127.PW.53 deposed that he is resident of Kukatpally, Housing Board
Colony, Hyderabad. He is doing business. In the year 2007 he used to stay
Yellareddyguda, Ameerpet. Pw.56 Ganesh Kumar is his friend. On 25.08.2007 he along with PW.56 to Lumbini Park to watch Laser Show. They entered into the auditorium at around 7.00 pm. Himself and his friend sat in the middle seats of the auditorium ie., blue colour seats. Both of them sat in the middle seats of the auditorium ie., blue colour seats. They sat beginning of the said row of blue seats.
128.PW.53 further deposed that while they were sitting, one person height about 5.6” round face lean built came with a black colour bag hitting (trampling) his legs and he questioned him why he hit his legs. There was some conversation between him and the said person. At that time his friend also questioned him regarding the issue. The said person went and sat on the same row in the middle along with his bag. They were observing the said person and he is also observing them. After some time he kept the said bag on the seat and went away. The show started within 15 minutes of the show, and they heard a big blast sound in the same row. In the said blast so many people received injuries and they didn’t receive any injuries but their ears were blocked due to the said blast. People were shouting and running towards gate and they also ran and went away. He can identify the said person. He identified Accused No.1 (Anik
Shafiq Sayeed) in the court. They suspected the said person who was a reason for the blast and they went to Lumbini Park, there on their enquiry the staff at 71 (Lumbini Park)
Lumbini Park told that the police at Basheerbagh are looking the matter.
129.At this stage, the learned counsel for the accused contended that since it was a laser show, there was a dark and there was no possibility of these witnesses seeing the accused No.1 and identifying them. Close scrutiny of the evidence of PWs. 53 and PW.56 one thing is clear that just before the start of the show, at about 15 minutes, the accused No.1 had arrived and after 15 minutes show started. There may be some variation of timings in the statements of witnesses of blast and start of show; but that would not go to the root of the case because all the witnesses have stated about occurring of blast during the laser show, and more over PW.56 clearly stated that the accused No.1 after keeping the bag left the place and PW.56 thought that he was reserving his seat and that’s why he did not question him or suspect him initially for keeping the bag.
130.PW.53 further deposed that then they went to Basheerbagh ie.,
Special Police Office and he informed the said incident to the police. Police examined and recorded his statement. Police asked him whether he can identify the said person. He informed them that he can identify the person. He gave descriptive particulars of the said person to the police in his statement. In the year 2009, he received summons to come to Cherlapally Jail for TI Parade. He went to Cherlapally Jail and met with Magistrate. Magistrate recorded his statement and he put his signature. Ex.P44 is the signature on the said statement recorded by the Magistrate. In Test Identification Parade, he identified A1 (Anik
Shafiq Sayeed) before the Magistrate.
131.This witness was cross examined by the learned counsel for the accused, and he stated that he did not state to the police in his statement under
S.161 Cr.P.C. specifically that they suspected the said person was the reason for the blast. He added that they went to Basheer bagh, I.e, Special Police Officer and 72 (Lumbini Park) informed the said incident to the police,. He added that he stated to the police that he can identify the person who kept the bag containing explosive materials on seat which exploded resulting in several deaths and injuries at Laser show, He denied suggestion that he did not go to Laser show at Lumbini Park on 25.8.2007.
He went to Lumbini park at about 6.00 p.m. They purchased ticket for laser show at about 6.30 p.m. About 1000 persons were in the show by the time they reached. They occupied the seat in laser show at about 7.00 p.m . Except the same nothing was elicited to disbelieve his evidence.
132.PW.56 deposed that he is resident of Miyapoor. He knows PW.53 who is his friend. On 25.08.2007 he along with his friend PW.53 went to Lumbini
Park to watch Laser Show. Around 06:30 or 07:00 PM after purchasing tickets entered into auditorium. They sat in blue seats middle of the auditorium. They were sitting one person came and stepped on PW.53 feet. On that they questioned and there was an arguments with the said person. As PW.53 did not know Hindi language as such he questioned the said person about stepping on his leg. Thereafter, the said person said sorry and sat in the same row at a distance.
The said person around 5.5 height oval face. The said person was carrying a black colour back pack (college bag). He can identify the said person. The witness identified accused No.1 (Anik Shafiq Sayyed) as the said person in the open court. The said person kept the said bag on the seat and left away, and that they thought that he might have kept the bag for reserving his seat.
133.In the cross examination, this witness stated that accused No.1 kept bag in the seat and left away. They thought that he might have kept the bag for reserving the seat. Laser show started after 20 minutes after he went inside. All the lights were dim when the show started. He did not give any report in writing to the police against person who found with black bag. They were asked at Laser 73 (Lumbini Park) show to go to Special Police, Basheerbagh to give statement after three days from the incident. The same was not stated in his statement to the police. He denied suggestion that he did not go to laser show and did not observe any blasting. He admitted that he did not state before the police in his statement under 161 Cr.P.C that he questioned the accused as PW.53 did not know Hindi and that after blasting they were shocked and their ears were blocked and that after reaching his house he came to know that the bomb blast occurred in Gokul Chat and Lumbini
Park and that after two days himself and PW.3 voluntarily went to Lumbini Park and they were directed to go to Special police at Bashder Bagh.
134.The learned counsel for the accused firstly argued that the duration of the laser show is only 30 to 35 minutes as per injured witness. Whereas the witness.PW.53... stated that the laser show starts at 7.00 and ends at 9.00 p.m, and the defence counsel tried to take advantage of the said statement. But it is in common knowledge of every one that show starts at 7.00 p.m, and ends at 9.00 p.m, and there will be two shows on week ends (Saturday and Sunday), I.e, the first show begins at 7.15 and second show at 8.30 p.m, and therefore, the date of incident is on 25082007 falls on week end (Saturday), there is no ambiguity in the evidence given by the above said witness. The defence counsel nextly argued that the PW.88 Investing Officer stated that the distance between one row to another row is 6 to 7 feets and if that is true there is no scope for trampling of feet of any person sitting in the row but perusal of Ex.P87 bunch of photos shows that it may be true that the distance between one row to another row is six feet, but seats are fixed and the persons sat in their seats, the gap between the seats reduces because of the sitting postures of persons of both rows and built of the body of the persons sitting in the row and it may reduce the distance of free movement between the rows. Therefore, there is no force in the contention of the accused that there is no scope for A1 to trample the feet of this witness.
74 (Lumbini Park)
135.Explosions taking place after Anik Shafique Sayeed left leaving the bag on the seat as witnessed by PW53 and PW 56.
136.PW.53 further deposed that after some time one person kept the said bag on the seat and went away. Later the show started, within 15 minutes of the show they heard a big blast sound in the same row. He identified the accused Anik Shafiq Sayeed (A1) as the said person who kept the bag.
137.PW.56 deposed that said person was carrying a black colour back pack (college bag) identified him as accused (Anik Shafiq Sayyed) as the said person who kept the said bag on the seat and left away, and that they thought that he might have kept the bag for reserving his seat.
138.The learned defence counsel raised a contention thatPW.3 stated that if there is any luggage it will be checked. If that is so, the story of the prosecution can be belied. On the other hand, the learned Special Public
Prosecutor strenuously argued that the security working in that laser show are on the contract basis and there was no metal detectors installed at that time to detect any mischievous material . Even otherwise, how an explosive entered into the laseriusm show is not in much dispute even according to the defence counsel because the defence is not denying the blast and consequences of the blast.
Therefore, raising a contention that Accused No.1 did not take the explosive bag into the lasereium does not have legs to stand.
139..Akbar Ismail Chowdary (A2) found at Dilsukhnagar around 7.30 PM, placing bag and leaving on same day i.e, 25.8.2007.
And
140.Bomb found in the bag placed/hung by Akbar to the vehicle of 75 (Lumbini Park)
PW5, which was defused.
Akbar Ismail Chowdary who is shown as accused No.2 in this case (SC 3/2011) is also involved in SC 2/2011, and in that case he was shown as accused
No.1 for placing bag containing IED bomb near footover bridge at Dilshknagar.
Therefore, no discussion is necessary on this circumstance. The registration of crime against the accused No.2 and the accused No.1 who is shown as accused
No.2 in that case, itself is another chain circumstance linking the accused to the commission of offence.
141.Bomb placed in Gokul chat bhandar which exploded on 25.08.2007
142.Riyaz Baktal (absconding) who is shown as accused No.3 in this case (SC 3/2011) is also involved in SC 2/2011, and in that case he was shown as accused No.3 for placing bag containing IED bomb in Gokul Chat Bhander at Koti,
Hyderabad and it was established in that case. Therefore, no discussion is necessary on this circumstance in this case as the registration of crime against the accused and filing charge sheet itself is another circumstance linking the accused to the commission of offence. However his involvement is established in that case.
143.Blast remnants containing Ammonium nitrate (Evidence of U.
Rammohan, Explosive Expert )
144.PW.92 U. Ram Mohan deposed that he has been working as
Incharge SP, Cyber Crimes, CID, Hyderabad since 2011. Previously he worked as
Explosives Expert and Cyber Crime Expert in Forensic Science Laboratory (FSL) from 1988 to 2008 except one year he worked in United Nations at Kosovo as
Forensic Chief. He studied M.Sc in Statistics and PGDCS as his education 76 (Lumbini Park) qualifications and was trained in the department on bombs and Explosives with institutions like Controller of Explosive, Border Security Force, National Security
Guards, New Scotland Yard Police U.K.
145.He further deposed that he defused more than a lakh bombs of different types including detonators and attended crime scenes of explosions in various states of India to process the crime scene and to identify the bombers signature which means the similarities identified with the bombs and exploded remnants and which will be compared to identify the type of bomb how it is manufactured whether it is improvised explosive devise or mixture of chemicals etc.
146.He deposed that on 25.08.2007 around 8.00 pm, he attended a crime scene wherein explosion has taken place in Lumbini Park area. Later, attended another crime scene in Gokul Chat around 10.30 pm and came across information related to one unexploded bomb defused in Malakpet Area. On 12.09.2007 their office received a sealed parcel in Crime No.255/2007 of PS
Malakpet with forwarding letter No. 1259/OW/MKPDIVN/2007, dt.26.08.2007.
Wherein 13 items of defused bomb were received which are marked as MO.s 1 to
11. The item No.3 and 3(A) of his opinion is destroyed by him in the interest of public safety. Ex.P121 (original marked in SC No.1/2011 as Ex.P48) is the report and opinion given by PW.76.
147.PW.92 further deposed that based on Ex.P121, he offered his opinion that the items coupled with chemical analysis report, item No.3 is
Ammonium Nitrate emulsion explosive of ClassII, connected to ClassVI division – 3 electric detonators, items No. 5, 6 and 9 are related to clock mechanism with two wires connected to alarm buzzer, item No.s 7 and 8 are 9V flat batteries, item 4 metal balls, item No.2 a wooden box and item No.1 is a carry bag. The above items form an Improvised Explosive Device known as Time bomb in which 77 (Lumbini Park) chain of detonation includes, 1) Explosive Charge (item No.3), 2) Detonators, electrical (Item No.3(A)), 3) power source (Item No.7 and 8), 4) Clock
Mechanism (Item No.5, 6 and 9), 5) Container (Item No.2), 6) Metal Balls (Item
No.4), 7) bomb carrier (Item No.1), 8) bomb concealers (Item No.s 10, 11 and 13), 9) Explosive Wraper (Item No.12) (Items No.1 to 13 referred herein correspond to MO.s 1 to 11)
148.PW.92 further deposed that the above type of IED can endanger human life on explosion. The items are found to be similar mentioned in
Ex.P121. After he formed his opinion the same was approved and forwarded by
Joint Director, APFSL. His opinion forms part of Ex.P121 which is marked as
Ex.P121A. Ex.s P1 to P15 (original photos in SC No.1/2011) are the photographs of items received under items No.1 to 13 as mentioned in Ex.P121. PW.92 further deposed that further received a sealed cardboard box on 11.09.2007 by their office in Crime No.97/2007, CCS, DD, Hyderabad with letter No.
97/CR/CCS, DD/2007 dt.11.09.2007. MO.s 21 to 26 (marked in SC No.3/2011) were examined by chemical analysis department and forwarded the report to him for offering his opinion. He examined the items at crime scene in Lumbini Park on 25.08.2007, on the basis of material received in the office he offered his opinion in Ex.P91.
149.PW.92 further deposed that his Opinion is Item No.s 1 to 5, 7 to 14 are affected by the explosion of Improvised Explosive Devise (Time bomb) in which chain of detonation includes Ammonium Nitrate Emulsion as explosive charge, electric detonator as initiator, metallic balls as splinters (Item No.2, 7a to 7f), container pieces (item No.7g, 5), clock mechanism (Item No.5), concealer (Item No.5), IED carrier, black colour bag pieces (item No.4), power source (Item
No.3). The above items are similar to the materials in our report CHE/378/2007 and CHE/386/2007 (Items No.1 to 14 referred herein are corresponding to MO.s 78 (Lumbini Park) 21 to 26.
150.Pw.92 further deposed that while he was in the Crime Scene at
Lumbini Park, information came that there was explosion in Gokul Chat also.
They rushed to the Crime Scene at Gokul Chat around 8.30 pm along with Clues
Team. On 06.09.2007 their office received sealed cardboard box in Crime
No.220/2007 of PS Sultan Bazar with letter No. 31/ACPSBR(D)/2006 and No.
220/CR/PSSBR/2007, dt.28.08.2007. The items No.1 to 35 mentioned in
Ex.P122 (original marked in SC No.2/2011 as Ex.P44) correspond to MO.s 9 to 37 (marked in SC No.2/2011). His opinion is part of Ex.P122 (original marked in SC
No.2/2011). Ex.P122A is the opinion forming part of Ex.P122 (original marked in SC No.2/2011).
151.PW.92 further deposed that his opinion is based on visit of crime scene and examination of above items found that item No.s 1 to 35 are affected by the explosion of Improvised Explosive Devise (time bomb) in which chain of detonation includes Ammonium Nitrate emulsion as explosive charge electric detonators as initiators metallic balls as splinters (Item No.s 2, 8), pieces of container clock mechanism (Item No.4), power source (item No.6) IED carrier bag (Item No.1). The above materials are similar to the material in CHE/386/2007 and CHE/383/2007. Their FSL procedures, processes, equipment, expertise and
Administration is certified by National Board of Accreditation of Testing
Laboratories (ISO17025).
152.The learned defence counsel raised a contention that this expert evidence of PW.92 U. Ram Mohan is contrary to the evidence of PW.76 and two experts did not give any reasons and therefore their expert opinion cannot be considered. In the light of the above said contention, perusal of the expert opinion under Ex.P121, the nature of examination and tests conducted and about physical examination of the material objects under chemical tests etc, are clearly 79 (Lumbini Park) stated , and report concludes that :
FSL Report dt. 13.10.2007, PS Malakpet
Based on his examination of material objects coupled with chemical analysis report he was of the opinion that
Item No.3 is Ammonium Nitrate emulsion explosive of classII, connected to classVI, div3 electric detonators, item No.s 5, 6 and 9 are clock mechanism with two wires connected to alarm buzzer, item No.s 7 and 8 are 9V flat batteries, item NO.4 metal balls, item No.2 is a wooden box and item No.1 is a carry bag.
The above items forms an Improvised Explosive Device (IED) known an Time bomb in which chain of detonation includes.
1Explosive ChargeItem No.3 2Detonators, electricalItem No.3A 3Power SourceItem No. 7 & 8 4Clock Mechanism (timer) Item No.s 5, 6 and 9 5ContainerItem No.2 6Metal Balls (splinters)Item No.4 7Bomb CarrierItem No.1 8Bomb ConsealersItem No.s 10, 11 and 13 9Explosive wrapperItem No.12
The above type of IED can endanger human life on explosion. The chemical detonators in item No.s 3 and 3A are destroyed by him in the interest of public safety. The items in CHE/383/2007, CHE/378/2007 are found to be similar with above type of IED explosion. The photographs images the IED are given in AnnexureI
FSL report dt. 13.10.2007, PS Sultan Bazar
Based on his visit to scene of offence along with City Clues Team on 2582007 about 10.30 pm and based on the above examination, He was of the opinion that item No.s 1 to 35 are affected by the explosion of
Improvised Explosive Devise (Time bomb) in which chain of detonation includes Ammonium Nitrate emulsion as explosive charge electric detonators as initiators metallic balls as splinters (item No.s 2, 8) pieces of container clock mechanism (item No.4), power source (item NO.6) IED carrier bag (item NO.1) 80 (Lumbini Park)
The above items are similar to the material in CHE/386/2007 and
CHE/383/2007 (in respect of material seized at Gokul Chat and
Dilsukhnagar)
153.The material seized at all four places viz., Gokul Chat, Lumbini Park,
Dilushknagar and Banjara Nilayama are similar and corresponding to each other.
Therefore there is no force in the contention of the learned counsel that there are no reasons given by the experts for giving their opinion.
154.Deaths of several persons and injuries at Lumbini park and
Gokul chat bhandar.
There is no dispute with regard to the death of the persons and receiving of injuries to the persons mentioned in the tables mentioned above, as discussed under Point No. I and II.
155.Arrest of accused in Mumbai cases for terror related offences :
156.PW.81 – B. Wilson deposed that he retired as DSP, Vigilance and
Enforcement Department, Kurnool in the year 2017. Previously he worked in SIT as ACP from 31122007 to November, 2009. On 21012008 he took up investigation in Cr. No.97/2007, 98/2007 and 99/2007 on the memo of the then
DCP, DD he gone through the entire CD file and relevant documents which was handed over to him by Shaik Bahadur, ACP and found the investigation on correct lines. On 24092008 and on 25092008 he noticed news and print media and electronic media some terrorists were arrested by Mumbai police in their cases and some of them suspected to have involved in Hyderabad blast cases. On 06 102008 Joint CP, Crimes, Mumbai released a press statement that they have arrested terrorists in their cases and some of them are suspected to have involvement in Hyderabad blast cases. On 07102008 he along with his team i.e.
Inspector Madhukar Swamy and others proceeded to Mumbai for further investigation in this case. On 21102008 he met the addl. CP, Crimes, Mumbai and Addl. CP, Crimes, Mumbai handed over a letter to him mentioning four 81 (Lumbini Park) names of terrorists who are involved in Hyderabad blast cases and he addressed a letter to CP, Hyderabad i.e. Ex.P109 is the attested copy.
157.PW.81 further deposed that he submitted a requisition to
Addl. CP, Crimes, Mumbai to furnish the FIR and all other relevant documents of their case in which the accused were arrested i.e. Cr. No.152/2008 of Matunga
PS, Mumbai. After obtaining the FIR and other relevant documents he returned to Hyderabad.
158.Intimation of Mumbai Police to Hyderabad about the alleged
involvement of accused in Hyderabad blasts and brining the accused from
Mumbai
159.PW.81 deposed that on 8.10.2008 Joint Commissioner of Police,
Crimes, Mumbai released press statement that they have arrested terrorists in their cases and some of them are suspected have involved in Hyderabad blast cases. On 7.10.2008 he along with his team i.e, Inspector Madukhar Swamy and others proceeded to Mumbai for further investigation in this case. ON 21.10.2008 he met Addl.CP Crimes, Mumbai and Addl.CP crimes, Mumbai handed over a letter to him mentioning four names of terrorists who are involved in Hyderabad blast cases and he addressed a letter to Commissioner of Police, Hyderabad i.e,
Ex.P.109 attested copy.
160.PW.81 further deposed that On 24102008 he filed a requisition
before the XII ACMM, Hyd. along with FIR, remand report and other documents
of Cr. No.152/2008 to issue PT warrants against the accused Mohd.Akbar Ismail,
Mohd.Anik Shafiq Sayeed, Sadiq Israr Ahmed Shiak, Ansar Ahmed Badsha Shaik.
On 24102008 the XII ACMM returned his requisition as confessional statements of accused were not enclosed. PW.81 further deposed that on 03112008 he deputed Madhukar Swamy, Inspector (PW.84) and staff to proceed to Mumbai obtained the CC of confessional statements of accused persons in Cr.
82 (Lumbini Park)
No.152/2008. On 04112008 he received a fax message from ACP, DCB, CID,
Mumbai stating that the confessional statements submitted in Special Court under
MCOCA in a sealed cover and the said accused are lodged in Central Prison,
Arthur Road, Mumbai. Enclosing that fax message again he filed a requisition
before the XII ACMM for issuance of PT warrants against accused. On 10112008
PT warrants were issued by XII ACMM, on that day he addressed a letter to CP,
Hyderabad to provide escort party to proceed Mumbai to bring the accused/.
161,At this stage, the learned counsel for the accused contended that without any material the present accused are involved in this case. The PT warrant was issued without verifying the records of confessional statements of accused allegedly given by the accused to the Mumbai Police. It is settled law that
PT warrant can be issued, if a prisoner lodged in one jail has to be taken to another city for enquiry, trial or other proceedings in another case, the court's permission is needed. The court gives what is called a Prisoner’s Transit warrant.
When this is shown at the jail by the police, the prison authorities hand them over to the police who take the prisoner, accused in another case/cases presented
before a judge in another city. In the present case on hand, the Court gave
permission under Ex.P64. Of course the confessional statements were not submitted because they were in sealed cover as per Section 19 of MCCOA, as per the version of the above witness. (The names of the panch witnesses cannot be disclosed u/sec. 19 of MCCOA and detailed discussion is given in the later part of this Judgment). Therefore, there is no illegality in obtaining or issuing the PT warrant.
162.Confession of Anik Shafique Sayeed and Akabar Ismail
Chowdary and recovery
163.PW.58 deposed that on 10022009, their MRO informed him that 83 (Lumbini Park) he should go to Octopus Office at Begumet and meet DSP Satyanarayana. On 11 022009, accordingly he went to Octopus Office where seven police men, B.
Srinivas (LW.111, and three accused persons were in their custody. The accused confessed to have committed bomb blasts and informed them that he will take them to places where they stayed, studied and other places if the police accompany them. The witness identified the accused No2 (Akber Ismail
Chowdary) and Accused No.1 (Aniq Shafiq Sayyed) as the two accused who were in the Octopus Office.
164.PW.58 further deposed that accordingly, a panchanama was drafted and whatever the accused stated was typed and printouts were taken. Himself, his colleague V. Srinivas (LW.111, DSP and the accused signed in the said panchanama. Ex.P.47 is the above admissible portion
165. PW.58 deposed that after recording the confessional statements of both of the accused No.1 and 2, the accused led them to Banjara Nilayam apartments, Street No.8, Vivekanandanagar, Habsiguda where they stayed during
August, 2007.
166.PW.58 deposed that both the accused led them to Banjara Nilayam at Kachiguda, St. No. 8 and informed them that they stayed in Flat No. 302 in the apartment building.
167.PW.88 deposed that after recording the confession of accused No.1 & 2 they lead them to Banjara Nilayam apartments, Accused No.1 Anik went into duct of the building at ground floor from flat No.1 and brought out one plastic cover in which Mos.24 to 31 (marked in SC 1/2011), three electric detonators of
APEL company connected with fuse wire, Ex.P40 ID card of Accused No.1 with name mentioned as Satish Gaikwad), Ex.P38A, Ex.P32. The said material objects 84 (Lumbini Park) and documents were seized in the presence of PW.58 and V. Srinivas (LW.111).
The said panchanama is Ex.P49.
168,PW.88 further deposed that subsequent to the said recovery A1 led them to flat No.302 where the accused (A1, A2) stayed earlier, which is in the same apartment complex. There the house owner Hari Ram (LW.57) was found from whom he collected the rental deed Ex.P43 under a panchanama which is
Ex.P42. The said flat was in the name of Hari Ram’s daughter namely Vasudha
169.PW.88 further deposed that after the said proceedings A2 Akbar
Ismail Chowdary led them to the ground floor near the duct and opened a small door of an abandon meter box and took out one cover, which cover contains
Ex.P40 (photograph of Akbar and name was mentioned as Vinod Patil), Ex.P38B,
MO.13 to 22 (said MOs are marked in SC.1/2011). The said MOs and Exhibits were seized under panchanama Ex.P42 in the presence of PW.42 and LW.62 and
PW.52. The accused also signed in the said panchanama.
170.PW.88 further deposed that A1 Anik led them to Venkateshwara
Cables located at premises bearing No.561/3A, Street No.8, Vivekanandanagar,
Habsiguda. There under a cover of panchanama, he seized customers payment details Ex.P33 and Ex.P34. He recorded the statement of PW.47. According to the documents and as stated A1, A1 taken cable connection from PW.47. From there both A1 and A2 led them to Shiva Computers/Dhoom Technologies at
Ameerpet where both A1 and A2 joined in computer course. There PW.49 the owner was present who identified both A1 and A2. From the possession of
PW.47 he seized Ex.P37 enquiry form booklet in which the enquiry form of both of you A1 and A2 were present which are Exs.P37A and P37B and Exx.P38A and P38B. He secured the rubber stamp (MO.23 which was marked in SC.
1/2011) of Dhoom Technologies and seized in the presence of mediators under 85 (Lumbini Park)
Ex.P41 panchanama.
171.This witness was cross examined by the learned counsel for the accused he stated that original document under Ex.P36 (Azizia lodge register) was directly sent to FSL from Court and after examination also from FSL it was sent to Court directly and he filed original document pertaining to Ex.P36 in the
Court. One Murali Krishna owner of Dhoom Technologies scribed and signed
Ex.P37A, Ex.P37 B and Ex.P39. He denied suggestion that Ex.P40 is the photo affixed on round seal on the ID card and the found seal by fabricating the identity card in Ex.P40. He admitted that one Vasuda is the daughter of Hari Ram, the
GPA holder of Flat No.302, Banjara Nilayam and that he did not collect the GPA and he did not examine the said Vasuda and that there are no signatures of either parties on the rental deed Ex.P30 on first three pages and that the signatures are made in the middle of the page No.4 towards right side of Ex.P30 which are marked as Q4 and Q.5 him as red circle but denied suggestion that Ex.P30 is fabricated document created for purpose of this case. He admitted that he did not file any document that Indian Mujahiddin Organisation showing it as terrorist banned organized but denied suggestion that the accused do not belong to the said organisation doing illegal activities. He denied suggestion that he added the name of Anik in Ex.P36 and that no name by Shiva Computers and Dhoom
Technologies exists.
172,PW.42 deposed that previously he used to reside in Flat No.301,
Banjara Nilayam Apartments, Habsiguda, Secunderabad from 1998 to 2010. Flat
No.302 is in front of their apartment and it belongs to G.Hari Ram (PW.34). On 11.02.2009 while he was in his house, one person came and introduced himself as
DSP and he brought two persons along with other police personnel and others.
Their names are Satish and Vinod who were earlier resided in the opposite flat.
86 (Lumbini Park)
The witness identified A1 (Anik Shafiq Sayeed) as Satish and also identified A2 (Akbar Ismail Chowdary) as Vinod.
173.PW.42 deposed that the DSP brought one box after A2 showed the same in the duct of the building. The said box containing one black colour polythene bag, one kerchief, timer, detonator and some other items. He can identify the said items which are marked as Mos. 12 to 22. Ex.P29 is the copy of identity card which was in the polythene bag bearing the photograph of A2 pertaining to Dhoom Technologies. The said identity card is in the name of Vinod
Patil and he signed on the back of Ex.P29 as proof of seizure in his presence.
Ex.P30 is the original rental deed seized in his presence from the house owner of
Flat No.302 by name Hari Ram under a panchanama. He signed on the original rental deed as proof of seizure in my presence. Ex.P P31 is the copy of original fee receipt of Dhoom Technologies in the name of Vinod Patil. The panch slip attached to Ex.P31 contains his signature along with other signatures.
174.In the cross examination, he stated that the opening of the duct is on the terrace. The duct is 6/2 feet or 6/3 feet. The duct is access to every bathroom of flats. Mos. 12 to 22 in SC 1/2011 similar items may be available in the market.
He cannot say Mos. 12 to 22 are unused items. He stated that for entering into the duct it is necessary to use one instrument called Jula and he do not remember whether Jula was brought by the police on that day. He did not remember how
Akbar Ismail Chowdary went into the duct. He was available at the time of panchanama
175.PW.52 deposed that he is resident of Habsiguda, Secunderabad. He is residing in Flat No.3, Banjara Nilayam, Habsiguda, Secunderabad. In the month of February 2009, police officials came to their apartment along with two 87 (Lumbini Park) persons who are already known to them as tenants in Flat No.302 as well as students in the year 2007. LW.57 Hari Ram is the owner of the Flat No.302. He can identify the said two tenants who were brought by the police.A2 (Akber Ismail Chowdary) and A1 (Anik Shafiq Sayeed). A2 stayed in the apartment in the name of Vinod and A1 in the name of Satish. `PW.52 further deposed that the police questioned A2 and A2 informed that he placed some materials in the duct of the apartment. The duct was not easily accessible. Then
A2 entered into the duct through one of the flats by removing one wooden frame ventilator and took out one plastic carry bag. The said bag contained several items ( The witness was shown MO.s 12 to 22 marked in SC.No.01/2011 which were identified as the same material and also identified the signatures on the slips). The police prepared the panchanama in their presence and he put his signature along with signature of PW.42 and other witnesses and accused.
176.PW.52 further deposed that Police also seized Ex.P29 under a panchanama which is marked as Ex.P42. PW.42 also signed along with him on
Ex.P43. During the stay of both A1 and A2 in the year 2007 one or two persons used to visit frequently. After two or three weeks, the police again visited to their apartments and shown 20 to 25 photographs and he identified one of the photograph as the person who was visiting frequently both A1 and A2 during their stay and police told his name as Bhatkal but he do not remember his full name.
177.In the cross examination, this witness denied suggestion that he did not state to the police that A2 entered into the duct through one of the flats by removing one wooden frame ventilator and took out one plastic carry bag and further denied suggestion that he did not state to police in his statement that during the stay of A1. & A2 in the year 2007 one or two persons used to visit them frequently and after two or three weeks, police again visited to their apartments 88 (Lumbini Park) and shown 20 to 25 photographs and he identified one of the photographs as the person who was visiting frequently A1 & A2 during their stay and police told his name as Bhatkal but he did not remember his full name.
178.PW.70 Anil Kumar deposed that in the month of February 2009 some police persons along with said two persons namely Vinod and Satish came to their apartment. He identified the said persons A2 (Akber Ismail Chowdary) and A1 (Anik Shafiq Sayeed) as the Vinod and Satish respectively. He stated that Police asked A1 upon which A1 went into the duct room upon to sky of the building and removed one polythene bag containing some items which he can identify. (The seals (sealed with tape) put by FSL to the material objects are opened in the open Court). MO.24 is one black colour multi HRC tester meter.
MO.25 is the Prince make time piece with black and white wires without battery.
MO.26 is one broken time piece attached to battery connector with the help of red and orange wires. MO.27 is the Insulation Tape (black in colour). MO.28 is the 9
Volt battery. MO.29 is the Green Colour tester. MO.30 is multi meter checking cords red and black in colour. MO.31 is one serial testing bulb with blue and purple wires. MO.s 24 to 31 contain panch slips (the MOs.24 to 31 are marked in
SC. 1/2011 which were shown to him during chief examination). He along with
other witnesses signed on all the slips. Ex.P81 is the photo copy of seizure panchanama prepared in their presence and signed by him, Satish and other two panch witnesses and also A1.
179.PW.70 further deposed that around two weeks thereafter, police personal came to their apartment and shown around 20 to 25 photographs. One of the photograph was of the person who stayed along with both of A2 and A1 in the said flat. The name of the said person was informed as Ryiaz Bhatkal. He can 89 (Lumbini Park) identify the said person if shown to him. Both of A2, A1 and said Ryiaz Bhatkal stayed for one or two weeks and were not to be seen after the bomb blast that occurred at Lumbini park and Gokul Chat.
180.In the cross examination, this witness stated that he saw the accused persons and also another person first time in the year 2007 and after 2009 again he saw the accused in the Court during his chief examination.
181.PW.58 deposed that the accused also took them to the Flat No. 302 where the accused stayed during August 2007. Where the house owner Hari Ram was present and he identified both of A1 and A2 as his tenants. The said owner produced rental deed which was signed by the accused which is Ex.P.29 (xerox copy of rental deed). The proceedings were drafted under Ex.P.42 seizure panchanama containing his signature, his colleague, house owner Hari Ram and one inmate S. Venugopal (PW. 52). The accused A1 also signed at the bottom of the seizure panchanama. The accused led them to Venkateswara Cables Office nearby the house where the owner identified A1 as the person who had taken cable connection. Ex.P.33 note book was seized under a cover of panchanama which is Ex.P.51. Himself, his colleague, the owner Krishna signed on the panchanama Ex.P. 51. The accused of (A1) also signed at the bottom of Ex.P.
51. He further deposed that from Venkateswara Cables Office, the accused led them to Dhoom Technologies situated at Ameerpet having informed that they studied in the said institute. There the owner PW. 49 was present. At the instance of police, Pw. 49 handed over rubber stamp. (which is marked as MOs.
23 in SC No. 1 of 2011) and Exs P. 37 to P. 39. PW. 49 also identified the ID
Cards of both the accused No.1 and A2 said to have been provided by the
Institute on their joining. All the said exhibits under P. 37 to P. 39 and rubber stamp were seized under a panchanama which is Ex.P. 41. Ex.P. 41 was signed by himself, his colleague, 90 (Lumbini Park)
182.In the cross examination, this witness denied suggestion that no material objects seized at the instance of the accused.
183.The confession and seizures made in this case are tabulated as Table
No.4, mentioned below:
Table 4
Panch witnesses for Confession cum Seizure Panchanama: Sl.NName of theEx. No.sSeizure o.panch witness 1PW.58, PanchEx.P47confession I will show the flat where we stayed in witness for A1statementofA1Habsiguda and also the place where I & A2(Original marked in SCdisposed the polythene cover which No.3/2011) recorded atcontains the remnants of the material. BegumpetOctopusI will also show the office of the cable office on11.02.2009 atoperator where I took the cable 7.00 amconnection and Dhoom Technologies at Ameerpet, where we took the admission for Computer Course. I will also show the shops where I purchased the batteries, portable colour T.V and Cell phone and also the shops where I sold the colour T.V and the cell phone after the blasts. Ex.P48confessionalI will show the place where I disposed statement of A2 the brief case containing the polythene (Original marked in SCcover which contains the remnants of No.3/2011)the material. I will also show the Recorded at BegumpetDhoom Technologies at Ameerpet Octopus office onwhere we took admission for the 11.02.2009 at 9.15 amcomputer course.
Ex.P491) one prince time piece with blue and (Original marked in SCwhite frames with black and white NO.3/2011)wires (MO.25),
2) one black colour multi HRC tester Seizure panchanama atmeter (MO.24), open terrace in Banjara3) multimeter checking cards (MO.30) Nilayam, Habsiguda at4) one green colour tester with yellow the instance of Aniq onsleeve (MO.21) 11.02.2009 at 12.505) one broken time piece (MO.26) pm6) one 9V HW battery (MO.7)
7) 9V Battery (MO.28)
8) one serial testing bulb (MO.31)
9) one black colour insulin tape (MO.27)
10) three electric detonators (destroyed)
11) copy of identity card of Aniq (Ex.P40) (Xerox copy) 91 (Lumbini Park)
12) fee receipt No. 186 of Dhoom Technologies in the name of Satish Gaikwad Patil for Rs.2,500/ (Ex.P38 A) (xerox copy)
13) copy of customer card of Venkateshwara Cables in the name of Satish seized from A1 at Banjara Nilayam street No.8, Vivekananda Nagar, Habsiguda (Ex.P32) (Xerox copy) (this original items are marked in SC No.1/2011)
Rental deed (Ex.30) seized from owner Hari Ram (LW.57) under Ex.P43 on 11.02.2009 at 01.20 pm Ex.P50seizure1) Identity card of Akbar (Ex.P23) panchanama2) fee receipt No. 187 of Dhoom (Original marked in SCTechnologies in the name of Vinod NO. 3/2011)Patil for Rs.2,500/ (Ex.P32B)
3) blue colour front frame with dial Seizure at ground floorand glass of prince quartz watch BanjaraNilayam,(MO.13) Habsiguda at the4) working parts of quartz watch with instance of Akbar ontwo white wires (MO.14) 11.02.2009 at 1.50 pm5) working parts of quartz watch with two black wires (MO.15)
6) green colour tester (MO.29)
7) one circuit clock of SAMAI (MO.17)
8) battery connector with black and red wires (MO.18)
9) battery connector with black and brown wires (MO.19)
10) one electric detonator (destroyed) with white wires
11) one orange and black colour paper cutter (MO.22)
12) one old lady white hand curchies with red stains
13) black colour insulation tape seized from A2 (MO.27) (this original items are marked in SC No.1/2011) Ex.P51 seized onVenkateshwara Cable book seized at 11.02.2009 at 02.25the instance of A1 at Street No.8, pmVivekanandaNagar, Habsiguda, Hyderabad. (Ex.P33 (Xerox copy) (this original items are marked in SC No.1/2011)
Copy of enquire form Booklet (Ex.P37), Copy of fee receipt book 92 (Lumbini Park) (Ex.P38) and Rubber Stamp (MO.23 in SC No.1/2011) were seized at Dhoom Technologies, Ameerpet from PW.49 on 11.02.2009 at 4.00 pm
Ex.P36 copy of Register of Azizia lodge at Nampally seized under Ex.P35 panchanama from PW.47 on 12.02.2009 at 11.40 am 2P.YadagiriEx.P82 (Xerox copy)Relevant portion of confessional (PW.71)Confessional statementstatement of Aniq that now I show the of Aniqplace where I purchased the batteries (Original marked asthat were used in Improvised Ex.P44inSCExplosive, portable colour T.V, cell No.1/2011)onphone and sim card. I will also show 16.02.2009 at 7.00 amthe shops where I sold the colour TV and the cell phone after the blasts. (Octopus Office at Begumpet) Ex.P83 (Xerox copy)Relevant portion of confessional confessional statementstatement of Akbar that now I will of Akbarshow the shop, where I purchased the (Original marked asbag that was used for keeping the Ex.P45 in SC No. 1/11)bomb at Dilsukhnagar. on 16.02.2009 at 9.10 am
184.Perusal of the said table coupled with the evidence of prosecution witnesses and the documents, it is goes to show that pursuant to the confession made by the accused the above said items were recovered at the places mentioned in the above said table. The evidence of panchas viz. Pws.58 and 71 is well corroborated by the evidence of Investigating Officers. At this stage, the learned counsel for accused vehemently contended that the local panchas have to be secured under Section 100(4) Cr.P.C and in the present case the panchas viz.,
PWs.58 and 71 are from Secunderabad, and seizure took place at Habsiguda.
Begumpet..
185.Per contra, the learned Special Prosecutor relied upon a decision reported in Section 100 (4) Cr.P.C.,:
93 (Lumbini Park)
It was held in 1998 CRI. L. J. 1638 SUPREME COURT, that:
“In the State of Maharashtra v. P.K. Pathak, AIR 1980 SC 1224:
(1980 (2) SCC 259), the witnesses of the search were the custom officials themselves. The High Court held that as no independent witness of the locality was taken by the custom authorities to witness the search, no reliance could be placed on the searches or the recovery of the smuggled articles. The High Court also rejected the evidence of lone nonofficial witness on the ground that he was not a witness of the locality and on the ground that he had assented to accompany the police and custom officials to witness the various recoveries wherever he was taken by the police. Disapproving the view of the High Court of
Bombay, this Court held that the fact that they were custom officials would be no ground to distrust their evidence; so also the fact that the nonofficial witness was approached by the police and the custom authorities to accompany them to witness the search would not by itself shown that he was an unreliable or interested witness. Observing that his evidence was corroborated by the police officer of the rank of
SubInspector, this Court held that his evidence ought to be believed. It may be noted that the evidence of the witness of search was accepted notwithstanding the fact that he was not of the locality where the search took place and notwithstanding the fact that he was brought by the police along with them for the purposes of search. The evidence, however, can be rejected if it suffers from any serious infirmities or if there is any inherent inconsistency in the testimony. If there is intrinsic merit in the evidence of the witness of search the same cannot be rejected solely on the ground that witness is not from the locality of search or that he was brought by the police with it. We are not persuaded to accept the contention that the evidence of Nandu
Ambadas Jadhav (PW.6) cannot be accepted for the reasons that he was not a witness of the locality and that he was brought from Pune by the investigating Officer to witness the search. He was one of the drivers of the cars in which the investigating team came to Bombay from Pune. For the sake of convenience, he was taken as a witness for search. We do not find any material in the crossexamination to 94 (Lumbini Park) discredit his testimony. The only ground of attack on the evidence of
PW.6 that he was not from the locality as contemplated under sub section (4) of Section 100, Cr.P.C fails because in our view a witness of search other than the one from the locality even if he has been brought by the investigating agencies along with them cannot be disbelieved only on that ground and we do not find anything in his evidence to discredit his testimony.”
186.Even otherwise, perusal of record show that PW.58 MRO is of
Secunderabad Division. He is a local panch witness and can act as panch witness.
The prosecution followed the procedure laid down under Section 100(4) Cr.P.C.
Moreover, PW.42 was previous resident of the Banjara apartment where seizure took place and he also deposed in support of the case of the prosecution. PW.52 resident of Banjara Apartment also supported the same. PW.70 is resident of
Banjara Nilayama and he too supported the seizure. So, there is no force in the contention of the defence that the witnesses are not local witnesses.
187.Confession made to PW66 by accused corroborating the facts discovered at the instance of accused.
i) PW66 visiting Farooq Sharfuddin Tarkash (A5) and staying with him.
ii) Farooq Sharfuddin Tarkash (A5) introducing Anik Shafique
Sayeed (A1) and Akbar Ismail chowdary (A2) to PW30 at Pune.
Iii) Farooq sharfuddin Tarkash(A5) requesting PW66 to help Anik
Shafique Sayeed (A1) who was coming to Hyderabad.
iv Anik Shafique Sayeed (A1) having taken the help of PW66 stayed
back in Hyderabad without intimation to PW66.
188.PW.66 deposed that during September or October, 2007, he went 95 (Lumbini Park) to Pune to finalize his marriage with his cousin. He stayed for 1 or 2 days at Pune and during that time he met Farooq (A5), Anik (A1) and Akber (A2) in the evening and during discussions, A1 Anik told him that after leaving Dilsukhnagar he did not come back to Pune. He said that was he aware about the blasts that happened in Lumbini Park and Gokul chat bhandar. PW.66 replied that the whole world knows about it. Then all of them, A5, A1 and A2 told that the blasts were carried out by them for taking revenge with respect to Macca Masjid blast. They all further informed that Anik (A1) and Akber (A2) took a room in Hyderabad, stayed there and planned and accordingly executed the bombing. A1 Anik further informed that Akber (A2) and also one person by name Riyaz Batkal(A3) joined them at Hyderabad for execution of the said bombing.
189.PW.66 further deposed that he was frightened for the reason of A1
Anik coming to Hyderabad and taking his help at the instance of Farooq (A5).
When A1 Anik came to Hyderabad or when Farooq (A5) called, he did not know about their intentions. He immediately came to Hyderabad and did not reveal anything.
190.PW.66 further deposed that during 2009 he was called by SIT police for the purpose of investigation and A1 Anik was in their custody. In the process of investigation, he was questioned at Hyderabad and also at Mumbai and his statement was recorded for 2 or 3 times.
191.The learned counsel for the accused strenuously argued that the evidence of PW.66 is full omissions and contradictions and he has not given any reason why the accused allegedly informed about the blast claiming the responsibility and even this witness did not give any proper reason why he approached the accused who are residents of far away place. And further contended that the persons who confessed before him are not close to him and this witness kept quiet for two years without informing anybody about the alleged 96 (Lumbini Park) statement to anybody without there being any threat by the accused and hence his evidence cannot be considered. He also relied upon the following citations:
192. (2011) 10 SUPREME COURT CASES 165 Pancho Vs. State of
Haryana
Extra Judicial Confession is weak evidence. Courts look for corroboration from other evidence, whether there are other cogent circumstances on record to support it. Extra – judicial confession made by A1 give months after incident to PW.4, exmember of Panchayat at a distance of 35 to 40 km away from his village. No evidence available that A1 and PW.4 knew each other intimately. A1 denied
before court that he made any such statement. Extra – judicial confession, held,
not credible
193. AIR 1975 SUPREME COURT 258 The State of Punjab Vs. Bhajan
Singh and others, wherein it was held as under:
The evidence of extra judicial confession in the very nature of things is a weak piece of evidence. Suspicion, by itself however strong it may be, is not sufficient to take place of proof and warrant a finding of guilt of accused.
194. 2006 CRI.L.J. 4126 Srikanth and Anr. etc Vs. State
Confession reportedly given, unreliable and untrustworthy. It is totally unsafe to rely upon such doubtful version to return a verdict of conviction
195.Per contra, the learned Public Prosecutor relied upon the following citations:
196. Sole basis of extrajudicial confessions:It was held in (1985) 1 Supreme Court Cases 505 between State of U.P Vs. M.K. Anthony, that:
“If the evidence about extrajudicial confession comes from the mouth of witness/witnesses who appear to be unbiased, not even remotely inimical to the accused, and in respect of whom nothing is brought out which may tend to indicate that he may have a motive for attributing an untruthful statement to the accused, the words spoken to by the witness are clear, unambiguous and unmistakably convey that the accused is the perpetrator of the crime and nothing is omitted by the witness which may militate against it, then after subjecting the evidence of the witness to a rigorous test on the touchstone of 97 (Lumbini Park) credibility, if it passes the test, the extrajudicial confession can be accepted and can be the basis of a conviction. In such a situation to go in search of corroboration itself tends to cast a shadow of doubt over the evidence. If the evidence of extrajudicial confession is reliable, trustworthy and beyond reproach the same can be relied upon and a conviction can be founded thereon.”
197.It was held in (1992) 3 Supreme Court Cases 204 between Madan Gopal
Kakkad Vs Naval Dubey and another, that:
“20. Though it is not necessary for us to enter upon a reappraisal or appreciation of the evidence since the findings of fact of the High Court have not been challenged, yet we after most carefully and closely scrutinizing the galaxy of the proven facts, have no hesitation in agreeing with the High Court that the extrajudicial confession made by the respondent which is not shown to have been obtained by coercion, promise of favour or false hope etc., is plenary in character and voluntary in its nature acknowledging his guilt.”
198.It was held in 2018 (2) ALD (Crl.) 326 Boya Akuthota Nagaraju Vs.
State and another
Extra Judicial confession, if inspires confidence of the Court and the true version of the accused is mentioned in extra judicial confession, conviction can be recorded, if corroborated by other circumstances. But, extra judicial confession itself alone cannot form the basis for conviction and such conviction is illegal. Before touching evidentiary value of extra judicial confession, the court must look into various circumstances like prior acquaintance with the person to whom the accused allegedly gave statement and whether it is voluntary in nature.
From the law declared by the Apex Court in various judgments referred supra, the following guidelines emerged for deciding the evidentiary value of extra judicial confession and rely on such confession to record conviction of the accused:
1) An extrajudicial confession to be admissible in evidence and one to be relied upon must fulfil the requirements of its voluntary character and truthfulness. The latter turns to be more important and the former is read from it in cases of retracted extrajudicial confessions.
2) It is required to be established from the fact and evidence produced as to whether the accused did make the extrajudicial confession or not.
3) The inculpatory statement, when separated from the exculpatory statement of the accused, must constitute the confession when tested on the requirements of Section 4.
4) The veracity of the extrajudicial confession is read from the credibility 98 (Lumbini Park) of the persons to whom made, the circumstances in which made and the explanations of the delay between the receipt of confession by a person and its transmission to the police.
5) Extrajudicial confessions if voluntary and true can be sufficient evidence to base conviction of the accused, but if the same is corroborated with some additional independent evidence, the rule of prudence also gets thereby satisfied. In the case of retracted extrajudicial confession such a corroboration turns to be all the more important to take this rule of prudence, the place of a rule of law.
199.In the present case on hand the extra judicial confession is accepted by this Court against A1 and A2 for the following reasons:
1) The witness appears to be unbiased and not even enemical to the accused because he is none other than the cousin brother of A.5 and who helped in accommodating A1 and A2 on the request of A5.
2)It passed the test of credibility.
3)It is reliable, trustworthy and beyond reproach.
4)It is not shown by the defence that it was obtained by coercion.
200.In so far as the delay in giving the information to the police concerned, it is a tendency of human being avoiding to give the information on commission of the offence to police as to who committed the offence and how they committed the offence and that too when the culprits taken his help; because we cannot expect everybody to be a good Samaritan.
201.It is established beyond reasonable doubt that A1, A2 gave extra judicial confession to PW.66 in the presence of A.5 and it was voluntary. It is corroborated by other proved circumstances stated above against A1 and A2.
202.Common Intention: Section 34 of IPC.
99 (Lumbini Park)
The learned counsel for the accused strenuously argued that Section 34 IPC is not applicable in this case, as there are no overt acts. He relied upon a decision
1969 CRI.L.J. 1224 (Vol. 75, C.N. 336) = AIR 1969 CALCUTTA 481 (V 56 C
85)Ram Raj Singh and others Vs. State of West Bengal, wherein it was held that
Section 34 IPC requires not only common intention but also participation in the crime. When a specific offence is committed by some of the conspirators in pursuance of the conspiracy, the common intention of all would not be enough to fasten the guilt on all of them.
203.Per contra, the learned Public Prosecutor relied upon the following citations:
It was held in (2017) 9 Supreme Court Cases 483 between Rajkishore Purohit Vs State of Madhya Pradesh, that:
“9. Common intention is a state of mind. It is not possible to read a person's mind. There can hardly be direct evidence of common intention. The existence or nonexistence of a common intention amongst the accused has to be deciphered cumulatively from their conduct and behavior in the facts and circumstances of each case. Events prior to the occurrence as also after, and during the occurrence, are all relevant to deduce if there existed any common intention. There can be no straight jacket formula. The absence of any overt act of assault, exhortation or possession of weapon cannot be singularly determinative of absence of common intention.
10. Though judicial precedents with regard to common intention stand well entrenched, it will be sufficient to refer State of Rajasthan vs. Shobha Ram, observing as follows : (SCC P. 736, Para 10) "10. Insofar as common intention is concerned, it is a state of mind of an accused which can be inferred objectively from his conduct displayed in the course of commission of crime and also from prior and subsequent attendant circumstances. As observed in Hari Ram v. State of U.P. (SCC p. 622, para 21), the existence of direct proof of common intention is seldom available and, therefore, such intention can only be inferred from the circumstances appearing from the proved facts of the case and the proved circumstances. Therefore, in order to bring home the charge of common intention, the prosecution has to establish by evidence, whether direct or circumstantial, that there was plan or meeting of mind of all the accused persons to commit the offence before a person can be vicariously 100 (Lumbini Park) convicted for the act of the other." 1971 CRI. L. J. 793 (Vol. 77 C.N. 233) Noor Mohammad Mohd.
Yusuf Momin Vs. The State of Maharashtra, it was held that :
Penal Code (1860), Ss 34, 109 and 120B + Distinction – Under Section 34 participation in the commission of offence necessary – Under S. 109 accused need not be present – Under S. 120B mere agreement is sufficient – Conspiracy need not be proved by direct evidence.
204.In the facts and circumstances of the case, Section 34 IPC is applicable to A2 as there are overt acts against him. It is also applicable to A.3.
In so far as the aspect of common intention is concerned, as has been held by the Hon'ble Courts, the existence or nonexistence of a common intention amongst the accused has to be deciphered cumulatively from their conduct and behavior in the facts and circumstances of each case. Events prior to the occurrence as also after, and during the occurrence, are all relevant to deduce if there existed any common intention. There can be no straight jacket formula.
The circumstances narrated in the penultimate paras, would show the existence of common intention amongst the accused No.1, A2 and absconding accused
No.3, to commit the offence, and their conduct prior to the commission of offence and after the commission of offence and leading to recovery of incriminating material from duct, would only expose the common intention among the accused to commit the offence. Hence, the decisions relied upon the learned Special Public
Prosecutor are aptly applicable to the facts of the present case on hand and the decisions of the defence counsel are not applicable to the present case.
205. Circumstantial Evidence:
The learned counsel for the accused relied upon the following citation:
101 (Lumbini Park)
Navaneethakrishnan Vs. State reported in 2018(2) ALT (Crl) 60 (SC). Wherein it was held that “Each and every incriminating circumstance must be clearly established by reliable and clinching evidence and the circumstances so proved must form a chain of events from which the only irresistible conclusion about the guilt of the accused can be safely drawn and no other hypotheses against the guilt is possible The court must satisfy itself that various circumstances in the chain of events must be such as to rule out a reasonable likelihood of the innocence of the accused.
206.Per contra, the learned Special Public Prosecutor relied upon the following citations.
(2012) 10 Supreme Court Cases 373 between Tulashiram Sahadu
Suryawanshi and Another Vs State of Maharashtra, wherein it was held that:
“23. It is settled law that presumption of fact is a rule in law of evidence that a fact otherwise doubtful may be inferred from certain other proved facts. When inferring the existence of a fact from other set of proved facts, the Court exercises a precise of reasoning and reaches a logical conclusion as the most probable position. The above position is strengthened in view of Section 114 of the Evidence Act, 1872. It empowers the Court to presume the existence of any fact which it thinks likely to have happened. In that process, the Courts shall have regard to the common course of natural events, human conduct etc is useful to quote the following observation in State of West Bengal vs. Mir Mohammed Omar,” addition to the facts of the case. In these circumstances, the principles embodied in Section 106 of the Evidence Act can also be utilized. We make it clear that this Section is not intended to relieve the prosecution of its burden to prove the guilt of the accused beyond reasonable doubt, but it would apply to cases where the prosecution has succeeded in proving facts from which a reasonable inference can be drawn regarding the existence of certain other facts, unless the accused by virtue of his special knowledge regarding such facts, failed to offer any explanation which might drive the Court to draw a different inference. It is useful to quote the following observation in State of West Bengal vs. Mir Mohammed Omar,”
207.It was held in (2010) 6 Supreme Court Cases between Sidhartha
Vashisht alias Manu Sharma Vs. State (NCT of Delhi), that:
“On the other hand, it is clear from the evidence of PW6 that the accused Manu Sharma was very well present at the scene of offence and she correctly identified him. Further, as rightly observed by the High court, though she was not an eyewitness, she is certainly a witness identifying 102 (Lumbini Park)
Manu Sharma along with 4 or 5 persons present at the Tamarind Court who asked her for whisky and later misbehaved with her. We agree with the observation and the ultimate conclusion about PW6 reached by the High Court”.
208.In the present case on hand also, it is clear from the evidence of
Pws.53 and PW.56 that accused No.1 was very well present at the scene of offence
Lumbini Park and was responsible for placing of the bomb at Lumbini Park
Laserium show.
209. Delay in recording 161 Cr.P.C. statement of witnesses:
The learned PP relied upon the following citations, on the aspect of delay in recording S.161 Cr.P.C. statement of the witnesses:
2010 (2) SCC (Cri) 1385 Sidhartha Vashisht Alias Manu Sharma Vs. State (NCT of Delhi), wherein the Hon'ble Apex Court held as under:
“Unlike the said decision, in the present case, there are no concomitant circumstances to suggest that the investigator was deliberately making time with a view to give a particular shape to the case. The details of investigation conducted on each day are very clearly brought out in the evidence of the various witnesses. Furthermore, the identity of the appellant as a suspect in the present case was not the consequence of any delay”.
In Mohd. Khalid Vs State of W.B. this Court held that: (SCC p.349, Para 12) “12..........Mere delay in examination of the witnesses for a few days cannot, in all cases, be termed to be fatal so far as the prosecution is concerned. There may be several reasons. When the delay is explained, whatever be the length of the delay, the court can act on the testimony of the witness if it is found to be cogent and credible”.
The above citations are aptly applicable to the facts of the present case on hand, because the prosecution has explained the reasons for the delay in examining Pws. 53 and PW.56 who are the prime eye witnesses. They clearly stated that on the next date of the incident they went to the place of incident and they were directed to approach CCS Police, and accordingly they went to the CCS 103 (Lumbini Park) police and informed about their seeing a person placing a bag and on their said statement, the police recorded the statement. The delay caused in recording the statements of the said witnesses was reasonably explained by the prosecution.
210. Criminal Conspiracy
On the aspect of criminal conspiracy, the learned counsel for the accused relied upon the following citations:
AIR 2001 SUPREME COURT 175 Saju Appellant Vs. State of Kerala, wherein it was held that:
It is true that a number of witnesses have deposed that they had seen both the accused together on the date of occurrence but it is equally true that such meeting was not unusual as admittedly they were working together in the plantation. Mere meeting would by itself not be sufficient to infer the existence of a criminal conspiracy.
211. 1972 CRI. L J 909 (V 78 C 225) Bhagat Ram Vs. State of Rajasthan
The matter can also be looked at from another angle. The charge under Section 120B IPC related to conspiracy between Bhagat Ram and Ram Swaroop for extorting Rs.2,000/ as illegal gratification from Niranjan Dass. When Ram Swaroop was acquitted of the charge under Section 120B IPC, the basis of the charge against Bhagat Ram for conspiracy between him and Ram Swaroop disappeared. It is not the case of the prosecution that Bhagat Ram had conspired with Ramswaroop to extort Rs.2,0000/ as illegal gratification from Niranjan Dass. Once Ram Swaroop was acquitted in respect of the charge relating to conspiracy, the charge against Bhagat Ram for conspiracy must necessary fail to the ground.
212.Per contra, the learned Special Public Prosecutor relied upon the following citations:
It was held in (2001) 7 Supreme Court Cases 596 between
Firozuddin Basheeruddin and others Vs State of Kerala, that:
“The rationale of conspiracy is that the required objective manifestation of disposition to criminality is provided by the act of agreement.
104 (Lumbini Park)
Conspiracy is a clandestine activity. Persons generally do not form illegal covenants openly. In the interests of security, a person may carry out his part of a conspiracy without even being informed of the identity of his coconspirators. Since an agreement of this kind can rarely be shown by direct proof, it must be inferred from circumstantial evidence of cooperation between the accused.... Para 24.... So far as the mental state is concerned, two elements required by conspiracy are the intent to agree and the intent to promote the unlawful objective of the conspiracy. It is the intention to promote a crime that lends conspiracy its criminal cast. Para 25 The rationale is that criminal acts done in furtherance of a conspiracy may be sufficiently dependent upon the encouragement and support of the group as a whole to warrant treating each member as a causal agent to each act. Under this view, which of the conspirators committed the substantive offence would be less significant in determining the defendant's liability than the fact that the crime was performed as a part of a larger division of labour to which the accused had also contributed his efforts. PARA 29..... Although it is not in doubt that the offence requires some physical manifestation of agreement, it is important to note the limited nature of this proposition. The law does not require that the act of agreement take any particular form and the fact of agreement may be communicated by words or conduct. Thus, it has been said that it is unnecessary to prove that the parties "actually came together and agreed in terms" to pursue the unlawful object : there need never have been an express verbal agreement, it being sufficient that there was "a tacit understanding between conspirators as to what should be done,"......
213.It was held in (2008) 15 Supreme Court Cases 49 between
MOHMED AMIN ALIAS AMIN CHOTELI RAHIM MIYAN SHAIKH AND
ANOTHER V/S CENTRAL BUREAU OF INVESTIGATION, That:
“74. The principles which can be deduced from the above noted judgments are that for proving a charge of conspiracy, it is not necessary that all the conspirators know each and every detail of the conspiracy so long as they are coparticipators in the main object of conspiracy. It is also not necessary that all the conspirators should participate from the inception of conspiracy to its end. If there is unity of object or purpose, all participating at different stages of the crime will be guilty of conspiracy”.
214.It was held in the case of Ram, Narayan Poply Vs. CBI reported in 2003 CRI. L. J. 4801, (SUPREME COURT), that:
105 (Lumbini Park) “349. Privacy and secrecy are more characteristics of a conspiracy, than of a loud discussion in an elevated place open to public view. Direct evidence in proof of a conspiracy is seldom available offence of conspiracy can be proved by either direct or circumstantial evidence. It is not always possible to give affirmative evidence about the date of the formation of the criminal conspiracy, about the persons who took part in the formation of the conspiracy, about the object, which the objectors set before themselves as the object of conspiracy, and about the manner in which the object of conspiracy is to be carried out, all this is necessarily a matter of inference.”
215.There is no dispute with regard to the citations relied upon by the both sides except the first citation relied by the defence counsel which is applicable to the present case on hand for the following reasons:
1) A5 introduced A.1 to PW.66 and requested him to provide accommodation”.
2) A1 stayed in Azizia Lodge with fake name as “Satish Gaikwad”.
3) A1, A2 stayed in Banjara Nilayam in Flat No.302 with fake names as “Satish Gaikwad” and “Vinod Patil” respectively and mean while A3 (Riyaz Bhatakal) visited the said Flat.
4) A1 & A2 joined in Dhoom Technologies with fake names.
5) Subsequent to the twin blasts occurred, A1, A2 & A5 met together in Pune.
215A.The prosecution established each and every circumstance beyond all reasonable doubt as against A1 and A2 as follows:
1) A1 came to Hyderabad at the instance of A5. Stayed at PW66's friends room. Then A1 left the room saying that he is going to Pune.
2) Instead of going to Pune, he stayed at Azizia Lodge, Nampally, Hyderabad for a week.
3) Then, he took a flat No.302, at Banjara Nilayam, Habsiguda, hyderabad after entering into rental deed with different name.
4) Then, A2 joined A1 at Banjara Nilayama, then A1 and A2 joined in Dhoom Technology (computer institute) with different names.
5) A1 & A2 stayed in the maintained above said two places with fake names, A1 as Satis Gaikwad and A2 as Vinod Patil.
6) Then, A1 planted IED Bomb at Lumbini Park with common intention and conspiracy of A2 and A3 on 25.8.2007 at 7.30 p.m.
106 (Lumbini Park)
7) A3 planted IED bomb at Gokul Chat Bhandar on Icecream making machine.
8) A2 hanged bag containing IED to a motor cycle under foot over bridge at Dilsukhnagar. The said bomb was diffused subsequently.
216. Handwriting Expert:
AIR 1977 SUPREME COURT 1091 Magan Bihari Lal Vs. State of
Punjab
It is not well settled that expert opinion must always be received with great caution and perhaps, none so with more caution than the opinion of a handwriting expert. There is a profusion of precedential authority which holds that it is unsafe to base a conviction solely on expert opinion without substantial corroboration. This rule has been universally acted upon and it has almost become a rule of law.
217. AIR 1979 SUPREME COURT 1011 Kanchansingh Dholaksingh
Thakur Vs. State of Gujarat
In the instant case the conviction of the accused has been based mainly on an entry from which it appears that the accused had misappropriated a certain sum. The entire conviction rests on the uncorroborated testimony of the hand writing expert.
218.There is no dispute with regard to the citations relied upon by the defence counsel, but not application to the present case on hand for the reason that there are umpteen number of circumstances as narrated above besides this expert opinion which is going against the accused.
219. Delay in TIP and identification:
107 (Lumbini Park)
PW.73 is the Magistrate who conducted TIP parade deposed that PWs.53 and PW.56 have rightly identified Accused No.1. He conducted TIP proceedings on 9.2.2009. Ex,.P.85 is the proceedings issued by him. Ex.P86 is the statement of the accused No.1. Signatures of PW.53 and PW.56 are marked as Ex.P44 and
P46 respectively.
The learned counsel for the accused relied upon the following citations:
1988 CRI.L.J. 780 The State Vs. Shankar alias Raju, wherein it was held that:
Where the dock identification of the accused by the witnesses was after a long time viz., about 1 ½ years after the incident, and there was no supporting evidence, the conviction of the accused on the basis of such identification held would not be proper.
1988 CRI.L.J. 422 Harinath and another etc., Vs. State of U.P, wherein it was held as under:
The conduct of an identification parade belongs to the realm and is part of the investigation. The evidence of test identification is admissible under S. 9. But the value of the test identification, apart altogether from the other safeguards appropriate to a fair test of identification, depends on the promptitude in point of time with which the suspected persons are put up for test identification. If there is unexplained and unreasonable delay in putting up the accused persons for a test identification, the delay by itself detracts from the credibility of the test.
AIR 1993 SUPREME COURT 2618 Girja Shankar Misra Vs. State of U.P, wherein it was held that:
The test identification parade assumes importance particularly if held within a reasonable time after the commission of the offence. It loses its significance when there is enormous delay in holding it.
AIR 1971 SUPREME COURT 1050 Matru alias Girish Chandra Vs. The
State of U.P, wherein it was held that:
Section 9. Identification tests do not constitute substantive evidence.Identification tests are primarily meant for the purpose of helping the investigating agency with an assurance that their progress with the investigation into the offence is proceeding on right 108 (Lumbini Park) lines.
1979 CRI.L.J. 715 Antar Singh Vs. State of Madhya Pradesh
Accused put to test identification 12 months after occurrence – Identification test of other coaccused held earlier but accused not put up for identification – No reason given by prosecution for delay – Evidence of identifying witness held was rightly rejected by trial court. Judgment of Madhya Pradesh High Court, D/ 1591977, Reversed.
AIR 2004 SUPREME COURT 4965 D. Gopalakrishnan Vs. Sadanand Naik and others, wherein it was held that:
Showing of photographs to witnesses for purpose of identification Witnesses giving identifying features of assailants during course of investigation. Same could be confirmed by Investigating Officer by showing photographs of suspects. However when witness did give description or identifying characteristics of accused. Showing of photograph to such witness would lead Investigating Officer to make wrong conclusion. Also when suspect is available for identification, photograph should never be shown to witness in advance.
AIR 1987 SUPREME COURT 1222 Subash and Shiv Shankar Vs. State of
U.P, it was held that:
Test identification parade held after delay of four months. Witnesses not giving any description of accused either in FIR or in their statements during investigation. Conviction cannot be based solely on such identification. Accused has to be given benefit of doubt.
220.Per contra, the learned Spl.PP relied upon the following citation:
It was held in (2010) 3 Supreme Court Cases 508 between Mulla and another Vs State of Uttar Pradesh, that:
“The necessity for holding an identification parade can arise only when the accused persons are not previously known to the witnesses. The whole idea of a test identification parade is that witnesses who claim to have seen the culprits at the time of occurrence are to identify them from the midst of other persons without any aid or any other source. The test is done to check upon their veracity. In other words, the main object of holding an identification parade, during the investigation stage, is to test the memory of the witnesses based upon first impression and also to enable the prosecution to decide whether all or any of them could be cited as eyewitnesses of the crime.
109 (Lumbini Park)
221.On the aspect of Delay in T.I.P: (Mulla’s case cited supra) “The identification proceedings are in the nature of tests and significantly, therefore, there is no provision for it in the Code and the Evidence Act, 1872. It is desirable that a test identification parade should be conducted as soon as possible after the arrest of the accused. This becomes necessary to eliminate the possibility of the accused being shown to the witnesses prior to the test identification parade. This is a very common plea of the accused and, therefore, the prosecution has to be cautious to ensure that there is no scope for making such allegation. If, however, circumstances are beyond control and there is some delay, it cannot be said to be fatal to the prosecution.”
222. On the aspect of Absence of corroboration in TIP (Mulla’s case cited supra), wherein it was held that:
“In Daya Singh Vs. State of Haryana the test identification parade was held after a period of almost eight years inasmuch as the accused could not be arrested for a period of 7½ years and after the arrest the test identification parade was held after a period of six months. It was pointed out that the purpose of test identification parade is to have the corroboration of the evidence of the eyewitnesses in the form of earlier identification. It was held that the substantive evidence is the evidence given by the witness in the court and if that evidence is found to be reliable then the absence of corroboration by the test identification is not material.”
No rule of early TIP (Mulla’s case cited supra) “In another case of Pramod Mandal V. State of Bihar placing reliance on Anil Kumar this Court observed that: (Pramod case, SCC P. 158, Para 20) “20. It is neither possible nor prudent to lay down any invariable rule as to the period within which a test identification parade must be held, or the number of witnesses who must correctly identify the accused, to sustain his conviction. These matters must be left to the courts of fact to decide in the facts and circumstances of each case. If a rule is laid down prescribing a period within which the test identification parade must be held, it would only benefit the professional criminals in whose cases the arrests are delayed as the police have no clear clue about their identity, they being persons unknown to the victims. They, therefore, have only to avoid their arrest for the prescribed period to avoid conviction.”
224.The prosecution submitted that the Test Identification Parade was conducted after a lapse of nearly 1 ½ years as the accused were not known and 110 (Lumbini Park) only after their arrest from Mumbai, TIP was held to test the correctness of the version of PW92 and PW95, identifying Anik Shafique Sayeed (A1) at Lumbini
Park and also PW84 and PW83 identifying Akbar as the person who placed the bag with bomb at Dilskhnagar.
The incident of bomb blast is of such a nature that the witnesses would recollect the grievance at any point of time due to the impact the incident create.
Both PW53 and PW56 had informed to SIT very three days about the accused
Anik Shafique Sayeed (A1). PW83 had informed about the incident and accused the same day to Police due to fear PW84 kept himself away from Police and later the Police examined him after one or two months. The said delay will not have any bearing on the correctness of the version given by these witnesses. The Test
Identification Parade itself is proof of the version of all the four witnesses i.e.
PW53, PW56, PW.84 and PW.83 stating the truth and their identification corroborates with their statements made at the earlier point of time.
The witnesses who were identified by the Investigation Agency in the course of investigation was at the instance of accused, which fact is admissible under section 8 of Indian Evidence Act.
225This Court accepts the contention of the learned Special PP, as there is no delay in conducting the TIP because the accused were brought on 6th and TIP was conducted on 9th February, 2009. The citations relied upon by the prosecution are aptly applicable to the facts of the present case on hand. The contention of the defence counsel is rejected.
226. Whether the duct is accessible to public?
The contention of the learned counsel for the accused vehemently contended that the property seized from the duct is accessible to public and 111 (Lumbini Park) therefore the seizure cannot be accepted, and they relied upon the following citations:
2017 CRI.L.J. (NOC) 33 (BOM) Amar Ramesh Lohkare Vs. State of
Maharashtra
Recovery of alleged weapons from compound of Medical College and Hospital which was was accessible to parents and public at large Said open space must be one cleaned by sweepers of Medical College and Hospital and it was under the control of Security Guards. In these circumstances it is difficult to digest that for five days after alleged incident recovery is made
227.Even otherwise, it is in the common sense of every one that the ducts are best places for hiding the articles because they are not easily accessible to public. In the present case on hand also, the relevant portion of panchanama is as under:
“As the duct is not accessible to go down manually, the DSP got one of the cardboard cover of the window removed from the bathroom of Flat No.1 on the ground floor and that entrance created led into the duct. We along with the accused entered into the bathroom and accused A1 (Anik) through the window removed entered the duct and came out with a white plastic polythene cover”
In view of the above, there is no possibility of access to the duct by any person and it cannot be treated as an open place access to public .
228.The learned counsel for the accused submitted that the following are marked subject to object and they may be discarded.
1) Ex.P45 Xerox copy of leave and license,
It is to be noted that the original is collected from the Bombay Police, the
Xerox copy is marked. Hence, objection rejected.
2) Ex.P94: Xerox copy of forwarding letter to FSL.
In fact, the original of Ex.P94 was filed with the original charge sheet 112 (Lumbini Park) which was in bounded spiral binding, and the same was misplaced to the knowledge of learned counsel for the accused as well as Public Prosecutor, and they continued the trial without objecting the same. Hence, the said objection is not tenable.
Per contra. The learned PP submitted that ExD5 to D11 which were marked subject to objection may be discarded.
The learned Public Prosecutor objected for marking of Ex.D5 to D11 on the ground that the said photographs, sketch map are pertaining to the period subsequent to the period of incident and that too taken after long period of time and hence the photographs of the present Laserium show are not to be taken for coming to any conclusion. There is a force in the contention of the learned
Special Public Prosecutor. Because the time when those photographs were taken is not mentioned and admittedly the same are pertaining to the long after the incident. Hence, the same cannot be taken into consideration for appreciation of evidence.
Ex.D1 is objected for marking on the ground it it is partially filled. Ex.D2
Named Board of Annapura Block of Aditya Block. The time when it was taken is not mentioned and hence, it cannot be taken into consideration for appreciation of evidence, besides it is a xerox copy.
229. Recovery
The learned counsel for the accused relied upon the following citations:
1983 CRI.L.J. 686 State of Uttar Pradesh Vs. Jageshwar and others.
Prosecution leading large mass of useless evidence, Single circumstance of recovery of pistol from one of the accused. Not safe to act upon for convicting one out of several accused.
This decision is not applicable to the facts of the present case. There are 113 (Lumbini Park) several circumstances connecting the accused to the crime.
230.Per contra, the learned PP relied upon the following citation:
It was held in (1997) 10 Supreme Court Cases 675 between State of Rajasthan Vs Bhup Singh that:
“14. It is clear from the above evidence that PW.12 discovered the fact that the respondent had buried Article 4 the pistol. His statement to the police that he had buried the pistol in the ground near his house, therefore, gets extricated from the ban contained in Sections 25 and 26 of the Evidence Act as it became admissible under Section 27. The conditions prescribed in Section 27 for unwrapping the cover of ban against admissibility of statement of the accused to the police have been satisfied. They are: (1) A fact should have been discovered in consequence of information received from the accused; (2) he should have been accused of an offence; (3) he should have been in the custody of a police officer when he supplied the information; (4) the fact so discovered should have been deposed to by the witness. If these conditions are satisfied, that part of the information given by the accused which led to such discovery gets denuded of the wrapper of prohibition and it becomes admissible in evidence. It is immaterial whether the information was supplied in connection with the same crime or a different crime. Herer the fact discovered by the police is not Article 4 the pistol, but that the accused had buried the said pistol and he knew where it was buried. Of course, discovery of the said fact became complete only when the pistol was recovered by the police”.
It was held in (2015) 1 Supreme Court Cases 253 between Vasanta
Sampat Dupare Vs State of Maharashtra, that:
“It is fallacious to treat the 'fact discovered' within the section as equivalent to the object produced; the fact discovered embraces the place from which the object is produced and the knowledge of the accused as to this, and the information given must relate distinctly to this fact. Information as to past user, or the past history, of the object produced is not related to its discovery in the sitting in which it is discovered. Information supplied by a person in custody that ' I will produce a knife concealed in the roof of my house' does not lead to the discovery of a knife; knives were discovered many years ago. It leads to the discovery of the fact that a knife is concealed in the house of the informant to his knowledge, and if the knife is proved to have been used in the commission of the offence, the fact discovered is very relevant”.
The above citations relied by the prosecution are applicable to the 114 (Lumbini Park) facts of the case, because the material seized at Banjara Nilayam and at the scene of offence are similar as opined by the Expert. The contention of the accused that the material seized are easily available in the market would not survive because there is a presumption under Section 15 and 43(E) of the Unlawful Activities
Presumption Act, which reads as under:
Section 15 in The Unlawful Activities (Prevention) Act, 1967 15 Terrorist act. —Whoever does any act with intent to threaten or likely to threaten the unity, integrity, security or sovereignty of India or with intent to strike terror or likely to strike terror in the people or any section of the people in India or in any foreign country,—
(a) by using bombs, dynamite or other explosive substances or inflammable substances or firearms or other lethal weapons or poisonous or noxious gases or other chemicals or by any other substances (whether biological radioactive, nuclear or otherwise) of a hazardous nature or by any other means of whatever nature to cause or likely to cause—
(i) death of, or injuries to, any person or persons; or
(ii) loss of, or damage to, or destruction of, property; or
(iii) disruption of any supplies or services essential to the life of the community in India or in any foreign country; or
(iv) damage or destruction of any property in India or in a foreign country used or intended to be used for the defence of India or in connection with any other purposes of the Government of India, any State Government or any of their agencies; or
(b) overawes by means of criminal force or the show of criminal force or attempts to do so or causes death of any public functionary or attempts to cause death of any public functionary; or
(c) detains, kidnaps or abducts any person and threatens to kill or injure such person or does any other act in order to compel the Government of India, any State Government or the Government of a foreign country or any other person to do or abstain from doing any act, commits a terrorist act. Explanation. —For the purpose of this section, public functionary means the constitutional authorities and any other functionary notified in the Official Gazette by the Central Government as a public functionary.]
Section 43E in The Unlawful Activities (Prevention) Act, 1967
Presumption as to offences under section 15. —In a prosecution for an offence under section 15, if it is proved—
(a) that the arms or explosives or any other substances specified in the said section were recovered from the possession of the accused and there is reason to believe that such arms or explosives or other substances of a similar nature were used in the commission of such offence; or
(b) that by the evidence of the expert the fingerprints of the accused or any other definitive evidence suggesting the involvement of the accused in the offence were found at the site of the offence or on anything including arms and vehicles used in connection with the commission of such offence, the Court shall presume, unless the contrary is shown, that the accused has 115 (Lumbini Park) committed such offence and it is for the accused to explain how they got into possession of these material, but the accused did not give any explanation, so it can be presumed that they were used in the commission of offence because they are all similar.
231. CONFESSION OF CO ACCUSED
The learned counsel for the accused relied upon the following citation:
1986(1) CRIMES 57 Ashok Kumar Vs. The State and others “ In the present case the confession of Vinod and Ramesh Chand (Accused), as already mentioned, was not admissible and, therefore, the same could not be admissible against Dev Raj Dewan if the said accused were tried jointly with Vinod and Ramesh Chand (Accused).”
This decision is not applicable to the facts and circumstances of the case, because A1 & A2 together stated that the blasts were carried out by them and A3 at Hyderabad Lumbini Park and Gokul Chat Bhander for taking revenge with respect to Mecca Masid Blast.
232. SANCTION TO PROSECUTION:
The learned counsel for the accused relied upon the following decisions:
(1997) 7 SUPREME COURT CASES 744 Rambhai Nathabhai Gadhvi and others Vs. State of Gujarat, wherein it was held that :
Sanction granted by the DGP on the strength of copy of FIR and letter sanctioning permission narrating facts of the case. No other document sent to the DGP nor did not DGP call for any document for his perusal. Sanction was vitiated on ground of non – application of mind.
(1997) 7 SUPREME COURT CASES 622 Mansukhlal Vithaldas Chauhan
Vs. State of Gujarat, wherein It was held that :
Sanction issued by an authority on the directions of the High Court, held, was invalid because there was no independent application of mind by that authority.
116 (Lumbini Park)
233.Perusal of Ex.P112 would go to show that the sanction was granted upon perusing and examining the entire facts of the case. Similarly, Ex.P113 sanction was granted upon perusal of the relevant records pertaining to crime
No.1/2011 of Octopus Police Station and there is no force in the contention of the accused the sanction was accorded without verifying the records.
234.Coming to filing of xerox copy of sanction order, it is to be noted that original of charge sheet along with list of documents which also contained the original sanction order was misplaced and the same was within the knowledge of both the parties and they also issued no objection in that regard and therefore, the action of my predecessor in proceeding with the trial of this case on xerox copy of charge sheet and its listed documents furnished by the prosecution is ratified by the Hon'ble Metropolitan Sessions Judge vide orders in
Dis.No.12502/Admn/MSJ/Hyd/2018, dated 25.8.2018. Even otherwise no prejudice would be caused to either side because they proceeded with the trial having knowledge about the same and did not make any objection for the same.
235. NON EXPLNATION IN SECTION 313 CR.P.C. EXMINATION additional LINK
The learned counsel for the accused relied the following citations and argued that the prosecution cannot rely upon the weakness of the defence and initial burden lies on the prosecution to prove the case.
1993 CRI.L.J. 558 M. Srinivasulu Reddy Vs. State Inspector of Police Anti
Corruption Bureau Nellore Ranga Nellore
Initial burden lies on prosecution to prove. It cannot take advantage of weaknesses of defence or inconsistent stand taken by accused.
117 (Lumbini Park) 2009 CRI. L. J. 4647 Dhanpal Vs. State by Public Prosecutor, Madras
Prosecution has to prove its own case. Court cannot shift burden of proof on accused. AIR 2003 SUPREME COURT 2141 State of U.P Vs. Ram Sewak and others
Benefit of doubt – For imposing punishment on an accused a high standard of proof was required – However, on hypothetical grounds and surmises, prosecution evidence of a sterling character could not be brushed aside and disbelieved to give undue benefit of doubt to accused
236.Per contra, the learned Public prosecutor relied upon the following citations:
It was held in 2002 Law Suit(SC) 867 between Gurpreet Singh Vs
State of Haryana that:
“In view of the aforesaid evidence collected against the appellant, he was put to trial for murder of his wife Kalpna. The entire evidence was put him in his statement under Section 313 of the Code of Criminal Procedure. He mostly claimed ignorance regarding the circumstances in which the death of the deceased took place.”
237.There is no dispute with regard to citations relied upon by both sides. But ultimately the nonexplanation will reduce the heavy onus of proof on the prosecution. In the present case on hand also, the accused did not give any explanation except accused No.1, but the said explanation offered by the accused
No.1 is not acceptable, as the same is not supported by any material to show that he was not present at the time of incident at the scene of offence, and the during the period of his stay at PW.66’s room, and at Banjara Nilayam and also at Azizia lodge etc. So, his explanation taking the plea of alibi cannot be considered as a gospel truth.
238At this stage, the learned counsel for the accused relied upon the 118 (Lumbini Park) following citation, on the aspect of PLEA OF ALIBI:
(2009) 13 SUPREME COURT CASES 565 State of Kerala Vs. Anilachandran
Alias Madhu, wherein it was held that:
Pleading and proof – Held, it is certainly the duty of the persons who plead an alibi to prove it beyond reasonable doubt – But even if plea of alibi set up by accused is discarded that does not take away the duty of the prosecution to prove beyond reasonable doubt that the accused persons were guilty – Merely because the accused was not able to prove his defence, it cannot be presumed that the prosecution case is proved against him – Evidence Act, 1872, Ss. 11 and 106.
239There is no dispute with regard to the above citation. But in the present case on hand, the prosecution established beyond all reasonable doubt the presence of the accused prior to the incident in Hyderabad, on the date of incident, at Lumbini Park, and subsequent to incident in Hyderabad.
240.BENEFIT OF DOUBT,
The learned counsel for the accused relied upon following citation:
AIR 2003 SUPREME COURT 2141 State of U.P Vs. Ram Sewak and others, wherein it was held that:
for imposing punishment on an accused a high standard of proof was required
241.There is no dispute with regard to the ratio laid down in the above said decision. The prosecution produced high standard of proof in this case against A1 and A2, and the role of A5 and A6 is not established by the prosecution in any of the offences as alleged and the benefit of doubt can only be given to accused No.5 and 6. All the learned counsel for the accused raised several contentions with a view to create doubt in the case of the prosecution but those doubts are like the doubts of a doubting Thomas. At the same time, a doubt by 119 (Lumbini Park) the Criminal Court should not be that of doubting Thomas, it should be a real and tangible doubt. A doubt regarding the veracity of the evidence of the witness should be a reasonable doubt and the evidence cannot be simply brushed aside on minor aspects as held in Mallappa Siddappa Alakanur and others Vs. State of
Karnataka Crl.A.No.1055/2002, delivered by Hon’ble Court Supreme Court on 7.7.2009. That’s why, it was held in Dayal Singh and others Vs. State of
Uttaranchal reported in ( 2012) 8 SCC 263, that criminal justice system provides safeguards of fair trial and innocent till proven guilt to an accused.
There it also contemplates that a criminal trial is meant for doing justice to all, the accused, the society and a fair chance to prove to the prosecution. The Courts do not merely discharge the function to ensure that no innocent man is punished, but also that a guilty man does not escape. Both are public duties of the Judge.
During the course of trial the learned Presiding Judge is expected to work objectively and in a correct perspective. Where the prosecution attempts to misdirect the trial on the basis of perfunctory or designedly defective investigation, there the Court is to be deeply cautious and ensure that despite such an attempt, the determinative process is not subserved. For truly attaining this object of a fair trial, the Court should leave no stone unturned to do justice and protect the interest of the society as well”.
242.CONDUCT OF THE ACCUSED:
The learned Special Public Prosecutor further relied upon the following citations in respect of conduct of the accused, absconding , TIP on photo shown, delay in identification of the accused etc, as under:
In Mohd. Khalid Vs. State of West Bengal 120 (Lumbini Park) “232. A criminal trial is not an enquiry into the conduct of an accused for any purpose other than to determine whether he is guilty of the offence charged. In this connection, that piece of conduct can be held to be incriminatory which has no reasonable explanation except on the hypothesis that he is guilty. Conduct which destroys the presumption of innocence can alone be considered as material.”
Absconding of Accused “233. Thus, it has been proved beyond reasonable doubt that accused
Manu Sharma absconded after the incident which is a very relevant conduct under Section 8 of the Evidence Act.”
243.Section 8 of the Evidence Act reads as under:
8. Motive, preparation and previous or subsequent conduct.—Any fact is relevant which shows or constitutes a motive or preparation for any fact in issue or relevant fact. The conduct of any party, or of any agent to any party, to any suit or proceeding, in reference to such suit or proceeding, or in reference to any fact in issue therein or relevant thereto, and the conduct of any person an offence against whom is the subject of any proceeding, is relevant, if such conduct influences or is influenced by any fact in issue or relevant fact, and whether it was previous or subsequent thereto. Explanation 1.—The word “conduct” in this section does not include statements, unless those statements accompany and explain acts other than statements; but this explanation is not to affect the relevancy of statements under any other section of this Act. Explanation 2.—When the conduct of any person is relevant, any statement made to him or in his presence and hearing, which affects such conduct, is relevant. Illustrations
(a) A is tried for the murder of B. The facts that A murdered C, that B knew that A had murdered C, and that B had tried to extort money from A by threatening to make his knowledge public, are relevant.
(b) A sues B upon a bond for the payment of money. B denies the making of the bond. The fact that, at the time when the bond was alleged to be made, B required money for a particular purpose is relevant.
(c) A is tried for the murder of B by poison. The fact that, before the death of B, A procured poison similar to that which was administered to B, is relevant.
(d) The question is, whether a certain document is the Will of A. The facts that, not long before the date of the alleged Will, A made inquiry into matters to which the provisions of the alleged Will relate, that he consulted vakils in reference to making the Will, and that he caused drafts or other Wills to be prepared of which he did not approve, are relevant.
(e) A is accused of a crime. The facts that, either before or at the time of, or after the alleged crime, A provided evidence which would tend to give to the facts of the case an appearance favourable to himself, or that he 121 (Lumbini Park) destroyed or concealed evidence, or prevented the presence or procured the absence of persons who might have been witnesses, or suborned persons to give false evidence respecting it, are relevant.
(f) The question is, whether A robbed B. The facts that, after B was robbed, C said in A’s presence—"the police are coming to look for the man who robbed B”, and that immediately afterwards A ran away, are relevant.
(g) The question is, whether A owes B rupees 10,000. The facts that A asked C to lend him money, and that D said to C in A’s presence and hearing—“I advise you not to trust A, for he owes B 10,000 Rupees”, and that A went away without making any answer, are relevant facts.
(h) The question is, whether A committed a crime. The fact that A absconded after receiving a letter warning him that inquiry was being made for the criminal and the contents of the letter, are relevant.
(i) A is accused of a crime. The facts that, after the commission of the alleged crime, he absconded, or was in possession of property or the proceeds of property acquired by the crime, or attempted to conceal things which were or might have been used in committing it, are relevant.
(j) The question is, whether A was ravished. The facts that, shortly after the alleged rape, she made a complaint relating to the crime, the circumstances under which, and the terms in which, the complaint was made, are relevant. The fact that, without making a complaint, she said that she had been ravished is not relevant as conduct under this section, though it may be relevant as a dying declaration under section 32, clause (1), or as corroborative evidence under section 157.
(k) The question is, whether A was robbed. The fact that, soon after the alleged robbery, he made a complaint relating to the offence, the circumstances under which, and the terms in which, the complaint was made, are relevant. The fact that he said he had been robbed, without making any complaint, is not relevant, as conduct under this section, though it may be relevant as a dying declaration under section 32, clause (1), or as corroborative evidence under section 157.
244.The prosecution relied upon the citation reported in AIR 2017
SUPREME COURT 1761 Chanrandas Swami Vs. State of Gujarat, wherein the
Hon’ble Apex Court held as under:
A discovery of a fact includes the object found, the place from which it is produced and the knowledge of the accused as to its existence.
Section 8 of Evidence Act. The evidence of the investigating officer and PW.s 1, 2, 7 and PW.4 the spot mahazar witness that the accused had taken them to the spot and pointed out the place where the dead body was buried, is an admissible piece of evidence under Section 8 as the conduct of the accused. This view taken by the High Court, in our opinion, is a possible view. It is certainly not a perverse view. As the identity of the dead body of the deceased Gadadharanandji is established, it is a strong circumstance to link it to Accused No.3 who had voluntarily disclosed to the investigating agency about the spot/location where the dead body of the deceased was dumped by him and that being the same place in Barothi village in Rajasthan from where 122 (Lumbini Park) the dead body of an unknown person was recovered earlier by the local police.
245.There is no dispute with regard to the ratio laid down by the Hon’ble
Supreme Court.
246.In the present case on hand also, A1 & A2 absconded from the scene of offence after the blasts. Hence, the above said decision is applicable with regard to the conduct of the accused under Section 8 of the Evidence Act. It is also pertinent to note that the accused had shown the shops from where they purchased the bags and batteries and TV and other material.
247.The learned Special Public Prosecutor further relied upon the following settled laws in respect of TIP on photo shown, delay in identification of the accused etc, as under:
TIP on photo shown:
It was held in Mohd. Khalid Vs State of W.B. this Court held that: (SCC p.
349, Para 12) “Even a TIP before a Magistrate is otherwise hit by Section 162 of the Code. Therefore to say that a photo identification is hit by Section 162 is wrong. It is not a substantive piece of evidence. It is only by virtue of Section 9 of the Evidence Act that the same ie the act of identification becomes admissible in court. The logic behind TIP, which will include photo identification lies in the fact that it is only an aid to investigation, where an accused is not known to the witnesses, the IO conducts a TIP to ensure that he has got the right person as an accused. The practice is not borne out of procedure, but out of prudence. At best it can be brought under Section 8 of the Evidence Act, as evidence of conduct of a witness in photo identifying the accused in the presence of an IO or the
Magistrate, during the course of an investigation.”
This decision is followed in (2010) 6 Supreme Court Cases I between
Sidhartha Vashisht alias Manu Sharma Vs. State (NCT of Delhi).
Photo TIP:
“259. In Mullagiri Vajram Vs State of A.P.. it was held that though the 123 (Lumbini Park) accused was seen by the witness in custody, any infirmity in TIP will not affect the outcome of the case, since the depositions of the witnesses in court were reliable and could sustain a conviction. The photo identification and TIP are only aides in the investigation and does not form substantive evidence. The substantive evidence is the evidence in the court on oath.”
Delay in identification of accused:
It was held in (2001) 3 Supreme Court Cases 468 between Daya Sigh Vs
State of Haryana, that:
“Theoretically in some cases what has been noted by the learned author may be true. For that purpose, the evidence of the witness is required to be appreciated with extra care and caution. But, where evidence is cogent, consistent and without any motive, it is no use to imagine and magnify theoretical possibilities with regard to the state of mind of the witnesses and with regard to their power of memorising the identity of the assailants. Power of perception and memorising differs from man to man and also depends upon situation. It is also depends upon the capacity to recapitulate what has been seen earlier. But that would depend upon the strength or trustworthiness of the witnesses who have identified the accused in the court earlier. Further in the present case, identification in the court was out of 14 persons. That itself would lend credence to identification by the witnesses. For this purpose, learned
Judge has rightly observed to the effect that physical features of the
accused must have been embedded in the memory of Jaswant Kaur. From the evidence and the crossexamination of these two witnesses, it is apparent that they gained enduring impression of the identity of the accused during the incident. Therefore, delay in trial by the Designated
Judge for one reason or the other and thereafter identification of the
accused in the court after seven or eight years would not affect the evidence of these two witnesses.”
In the present case there is no delay in conducting TIP. Due to procedural requirements the PT warrants issued belatedly and immediately within days of securing the accused, the Test Identification parade is conducted. The identification in the trial Court after 8 or 9 years would not effect the evidence of these witnesses.
248.Section 121A IPC: Overawe by means of criminal force.
It was held in (2014) 7 Supreme Court Cases 443 between Mohd.
Jamiluddin Nasir Vs State of West Bengal, that:
“161. After the said decision, we have a recent decision of this Court in Mohd. Ajmal Amir Kasab. Here again this Court had to deal with the offences under Sections 121, 121A read with Sections 122, 120B.
124 (Lumbini Park)
While analysing the concept “waging war” against the Government of India, this Court has explained the concept in the said decision. This Court has expressed as to how the expression “Government of India” should be understood in the context of a charge under Sections 121, 121 A and 122. The relevant paragraphs are paras 537, 538, 540 and 543. We can carefully refer to para 543, which reads as under: (SCC p.206) “543. Coming back to the facts of the case in hand, we find that the primary and the first offence that the appellant and his coconspirators committed was the offence of waging war against the Government of India. It does not matter that the target assigned to the appellant and Abu Ismail was CST Station (according to Mr. Ramachandran, no more than a public building)where they killed a large number of people or that they killed many others on Badruddin Tayabji Marg and in Cama Hospital. What matters is that the attack was aimed at India and Indians. It was by foreign nationals. People were killed for no other reason than they were Indians; in case of foreigners, they were killed because their killing on Indian soil would embarrass India. The conspiracy, in furtherance of which the attack was made, was, inter alia, to hit at India; to hit at its financial centre; to try to give rise to communal tensions and create internal strife and insurgency; to demand that India should withdraw from Kashmir; and to dictate its relations with other countries. It was in furtherance of those objectives that the attack was made, causing the loss of a large number of people and injury to an even greater number of people. Nothing could have been more 'in like manner and by like means as a foreign enemy would do”. “163.1. From the evidence on record, we find that the intention of the accused collectively and individually was a defiant of raging attitude against the State.
163.2. Though the number of accused were not many in number like that of a manpower required in a battlefield, the mindset of each of the accused was loaded with such animosity against the State and its machinery viz., the police force, the act of the assailants at the spot virtually displayed the vicious mindset of all those who were behind it.
163.3. Though the chosen assailants by the conspirators were only two in number the vengeance with which they indulged in the attack at the spot viz., the American Centre towards the police force and the extent of damage they caused demonstrated the diabolic mindset of all the conspirators in committing the crime.
163.4 Though the actual assailants were only two in number at the spot of occurrence, the execution of the assault, which resulted in the killing of five policemen and injury caused to around 13 number of personnel, as described by the eyewitnesses, disclosed the merciless conduct of the whole lot of accused. The scene of occurrence as stated by the witnesses, makes us feel as though it was like a battlefield and a war like situation was created, though no pomp and pageantry usually associated with war was present.
163.5. This is not an offence due to an outcome of a lawlessness of a 125 (Lumbini Park) group of individuals who indulged in such a crime unaware of the damage and destruction it would cause. On the other hand, it was an act committed with all preparation and with a determination to cause damage of unimaginable extent to men and material.
163.6 The act indulged in by the accused cannot be also be attributed to any public cause or public good in order to state that even though the target of attack was towards police force posted at American Centre, there was no Hippocratic mindset behind such attack.
163.7 However much one would attempt to mitigate the acts indulged in by the accused and the assailant it is difficult to comprehend that the accused did not intend to commit an offence of such high magnitude, but only intended to resort to a simple revenge. On the other hand, the intent and purpose of the attack was to create an indelible mark in the mind of the State that their group can go to any extent when it comes to the question of implementing their wrong perceptive jehadi movement.
163.8 The target of attack chosen after considerable deliberation by the conspirators, namely, the American Centre and the police force posted there was sufficient to demonstrate that once the attack is executed, the State machinery should realise the vulnerability of the group committing such offence who cannot be ignored for all times to come.
163.9 We find that the object of the conspirators was to create panic in the mind of the public at large and a horrendous threat to be felt by the State about the accused assailants and all those who are behind such conspiracy. The consequence of such an attack also conveys an impression on the State to be on the alert always to face such and even more intense attacks in future which would pose a constant challenge to the State and the democratic Constitution.
163.10. In the ultimate analysis, the act of the accused assailants was not a mere desperate act of a small group, but was an act of higher magnitude with a clear object and determination to impinge on the SOVEREIGN AUTHORITY of the Nation and its Government.”
249.The above decisions are aptly applicable to the facts of the present case as the consequence of such these two attacks also conveys an impression on the State to be on the alert always to face such and even more intense attacks in future which would pose a constant challenge to the State and the democratic
Constitution.
126 (Lumbini Park)
250.On the aspect of latches on the part of the Investigation Officers, the learned Special Public Prosecutor relied upon the following decision
AIR 2000 SUPREME COURT 185 State of Karnataka Vs. K.
Yarappa Reddy, wherein it is held as under:
it can be a guiding principle that as investigation is not the solitary area for judicial scrutiny in a criminal trial, the conclusion of the court in 243the case cannot be allowed to depend solely on the probity of investigation. It is well nigh settled that even if the investigation is illegal or even suspicious the rest of evidence must be scrutinized independently of the impact of it. Otherwise criminal trial will plummet to the level of the Investigating Officer ruling the roost. The Court must have predominance and preeminence in criminal trials over the action taken by Investigating Officers. Criminal justice should not be made the casualty for the wrongs committed by the Investigating Officers in the case.
251.Perusal of case records viz., Order in Crl.M.P.no.4226/2008 in
Crl.No.97 of 2008 of SIT, passed by the learned XII Additional Chief Metropolitan
Magistrate, Hyderabad, dated 7.11.2008, it was stated that as per the provisions
of MCOC Act and Rules, copy of confession panchanama cannot be issued and the same has been submitted in a sealed cover to the Special Designated Court.
Basing on the letter and earlier letter of Additional Commissioner of Police (Crimes) Bombay, dated 21.10.2008, the police filed the petition for PT warrant.
The learned XII Additional Chief Metropolitan Magistrate, Hyderabad having satisfied that the there was a provision under Section 19 of the MCOC Act for protecting the interests of the witnesses mentioned in the confessional statements recorded therein, and having satisfied with the letter of Additional Commissioner of Police (Crimes) Bombay dated 21.10.2008 that the accused revealing their involvement in the bomb blasts occurred at Hyderabad in the year 2007, had issued PT warrants against the accused. The MCOC Court at Bombay also after receiving the said requisition passed order for transit warrant and therefore there is no illegality in the issuance of PT warrant and arrest of the accused in this case.
Even otherwise, the accused have not challenged the above said orders in any 127 (Lumbini Park)
Court of law. So, the non examination of Additional Commissioner of Police,
Crimes, Mumbai who addressed letter and the Commissioner of Police,
Hyderabad, who received the said letter is not fatal.
252.The next contention of the defence counsel for the accused No.1 is that in three cases xerox copies are filed. There is no force in the said contention.
When original is filed in one case, the xerox copy is filed in another two cases, and there were marked without objection.
253. The further contention of the defence is that Pws. 53 and PW.56 are planted witnesses as they did not immediately gave any statement nor sustained injuries nor furnished laser show tickets to show their presence at the place of offence. On this learned Special Public Prosecutor submitted that that
Criminal courts should not expect a set reaction from any eyewitness on seeing an incident like murder. If five persons witness one incident there could be five different types of reactions from each of them. It is neither a tutored impact not a structured reaction which the eye witness can make. It is fallacious to suggest that PW.11 would have done this or that on seeing the incident. Unless the reaction demonstrated by an eyewitness is so improbable or so inconceivable for any human being pitted in such a situation it is unfair to dub his reactions as unnatural, and in supportof the same he relied upon the following citations:
2017 (1) ALT (Crl.) 188 (SC) Yogesh Singh Vs. Mahabeer Singh and others
254.There is no force in the submission of the learned defense counsel .
Moreover, PW.56 stated that “After blasting we were shocked and our ears were blocked. After I reached my house I came to know through news in TV that the bomb blasts were occurred in Gokulchat and Lumbini Park” 128 (Lumbini Park)
255.There is a general procedure in parks that whenever a person enters into park, the ticket will be received from him by the Watch Man and it will be torned into two pieces. So, it cannot be expected that the witnesses were required to retain the tickets. So, their presence cannot be doubted at Lumbini Park.
256The learned defence counsel further contended that the property seized are not sealed by the Investigating Officer. Therefore there is every possibility of tampering the same before sending to the FSL. He drew my attention to the cross examination of PW.42 and PW.88, where it was mentioned that the police did not seal the property seized from Banjara Nilayam.
257.Whereas perusal of FSL report shows that they received sealed box from I Additional Chief Metropolitan Magistrate Court, Hyderabad. Moreover the items mentioned in the panchanama and the FSL report are one and the same.
Hence, the latches,. if any on the part of the Investigating Officer do not go to the root of the case.
258. Minor Omissions & Contradictions
It needs no special emphasis to state that every omission cannot take place of a material omission and therefore, minor contradictions, inconsistencies or insignificant embellishments do not affect the core of the prosecution case and should not be taken to be a ground to reject the prosecution evidence. The omission should create a serious doubt about the truthfulness or creditworthiness of a witness. It is only the serious contradictions and omissions which materially affect the case of the prosecution but not every contradiction or omission.
259. Defects of I.O 129 (Lumbini Park)
There may be highly defective investigation in a case. However, it is to be examined as to whether there is any lapse by the IO and whether there is any lapse by the IO and whether due to such lapse any benefit should be given to the accused. The law on this issue is well settled that the defect in the investigation by itself cannot be a ground for acquittal.
260.Having considered the oral and documentary evidence, this Court has no hesitation to hold that the prosecution established all these above said circumstances beyond all reasonable doubt which lead to irresistible conclusion that A1, A2 and A3 (Absconding accused) carried out blasts at Hyderabad on 25082007 with common intention and conspiracy.
261.Keeping in mind the above discussion, let me make discussion on the points (III) to (XV).
262.III) Does the prosecution prove that accused No.1 (Anik)
with the common intention and conspiracy of A2, abetment and conspiracy
of A5 and A6 and other absconding accused, caused the death of the
persons mentioned in the table No.1 by exploding bomb at Lumbini Park,
punishable under Section 302 IPC?
and
IV) Does the prosecution prove that accused No.1 (Anik) with the
common intention and conspiracy of A2, abetment and conspiracy of A5
and A6 and other absconding accused, attempted to commit murder of the
persons mentioned in the table No.2 by planting bomb at Lumbini Park,
with such an intention or knowledge and under such circumstances that if by
that act caused the death of persons mentioned in table No.2, they would
have been guilty of murder, punishable under Section 307 of Indian Penal
Code?
130 (Lumbini Park)
265.In order to appreciate points, it would be useful to refer to section 300 IPC which reads as: Section 300 of Indian Penal Code: Murder — Except in the cases hereinafter excepted, culpable homicide is murder, if the act by which the death is caused is done with the intention of causing death, or
Secondly — If it is done with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused, or
Thirdly — If it is done with the intention of causing bodily injury to any person and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death, or
Fourthly — If the person committing the act knows that it is so imminently dangerous that it must, in all probability, cause death or such bodily injury as is likely to cause death, and commits such act without any excuse for incurring the risk of causing death or such injury as aforesaid.
268.Section 307 of Indian Penal Code: Attempt to murder —
Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty or murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and if hurt is caused to any person by such act, the offender shall be liable either to imprisonment for life.
269.Section 107 of Indian Penal Code: Abetment of a thing — A person abets the doing of a thing, who— First — Instigates any person to do that thing; or Secondly — Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or Thirdly — Intentionally aids, by any act or illegal omission, the doing of that thing.
131 (Lumbini Park)
Explanation 1 — A person who by willful misrepresentation, or by willful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing.
270..To prove the charge of abetment, the prosecution is required to prove that the abettor had instigated for the doing of a particular thing or engaged with one or more other person or persons in any conspiracy for the doing of that thing or intentional aided by an act of illegal omission, doing of that thing.
271.As per the evidence of PW. 56 the accused No.1 was the person who came with a black colour bag hitting (trampling) his legs and then went and sat on the same row in the middle along with his bag in the Laserium Show at
Lumbini Park. PW.53 and PW.56 observed the accused No.1 who ikept the bag on the seat and went away. PW.56 thought that accused No.1 was reserving his seat.
The show started within 15 minutes of the show, and they heard a big blast sound in the same row. In the said blast so many people received injuries and they didn’t receive any injuries but their ears were blocked due to the said blast.
Both these witnesses identified the accused as the person who kept the bag..
272.On these aspects, I have already discussed in the previous part of the
Judgment that there are 12 deaths mentioned in table No.1 and sustaining of injuries to the persons mentioned in Table No.2 and this Court gave a specific finding that all the twelve deaths are homicidal deaths and all the injures were voluntarily caused due to bomb blast. The prosecution established beyond all reasonable doubt that 12 deceased persons had died due to bomb blasts injuries and prosecution further established beyond all reasonable doubt that the accused
No.1 was the person who planted bomb at Lumbini Park, in furtherance of 132 (Lumbini Park) common intention of Accused no.2 abetted and conspired by absconding accused
273.Further, the prosecution established beyond all reasonable doubt the injuries received to 21 persons due to the bomb blast planted by accused No.1 in furtherance of common intention of accused No.2, in conspiracy with other absconding accused.
274.It is also an established circumstance that A1 caused IED bomb blast at Lumbini Park, and thereby intentionally caused the deaths of deceased and committed murder of 12 deceased . Therefore this Court has no hesitation to hold that the accused No.1 is guilty of the offence punishable
U/Sec.302 IPC. The accused No.2 is found guilty of offence punishable U/Sec.302 r/w 34 r/w 120B IPC
275.It is also an established circumstance that A1 caused IED bomb blast at Lumbini Park, and thereby attempted to cause death of 21 persons by voluntarily causing to the injured and thereby the accused No.1 attempted to murder of 21 persons mentioned in the table No.2 with the common intention of
Accused No.2. Therefore this Court has no hesitation to hold that the accused
No.1 is guilty of the offence punishable U/Sec.307 IPC. The accused No.2 is found guilty of offence punishable U/Sec.307 r/w 34 r/w 120B IPC. In so far as, A5 &
A6 are concerned, the prosecution failed to establish their involvement in the said offences beyond all reasonable doubt. Points (III) & (Iv) are answered affirmatively in favour of prosecution and against A1 & A2.
276.V) Does the prosecution prove that accused No.1 (Anik)
with the common intention and conspiracy of A2, abetment and conspiracy
of A5 and A6 and other absconding accused committed mischief by exploding
bomb inside the lazerium, Lumbini Park,Hyderabad intending to cause
133 (Lumbini Park)
destruction of the Lumbini Park's property punishable under Section 436 of
Indian Penal Code ?
277.On this aspect, the photographs of the scenes coupled with material objects viz. Mo. 21 & MO.25 and scene of offence panchanama and rough sketch of the scene, per se disclose the damage caused to the chairs at Laserium
Show which is wellcorroborated by photographer and panch for scene of offences and investigating officers as discussed in the previous portion of the
Judgment. This aspect was already decided that it is bomb blast. Therefore the prosecution established beyond all reasonable doubt that the accused No.1 caused destruction of the buildings and property in the Laserium Show at Lumbini Park, that A2 shared the common intention of the accused No.1, abetted by absconding accused in commission of destruction of the building and property.
Therefore this Court holds that the accused No.1 is found guilty of the offence punishable U/Sec.436 of Indian Penal Code and the accused No.2 is found guilty of offence punishable U/Sec.436 r/w 34 r/w 120B IPC. In so far as, A5 & A6 are concerned, the prosecution failed to establish their involvement in the said offences beyond all reasonable doubt. Point (V) is answered affirmatively in favour of prosecution and against A1 & A2.
278.VI)Does the prosecution prove that accused No.1 along with
common intention of A2, abetted by A5 & A6 and other absconding accused
within or without India conspired to overawe by means of criminal force or
show of criminal force, the Central Government and the State Government,
punishable under Section 121A of Indian Penal Code ?
279.On this aspect, the following circumstances (i) the accused No.1 & 134 (Lumbini Park) 2 and absconding accused collected Improvised Explosive Device which comes within the definition of arms and ammunition at Hyderabad sent from Mumbai through bus and then A1 & A2 joined hands with A3 (absconding) in preparation of bombs and planting of bombs at Lumbi Park , and the same is supported by eye witnesses, and it is clinchingly established the fact that their intention is only to wage war against the Government of India thereby to target the innocent people under the following circumstances (i) the accused collected Improvised
Explosive Device which comes within the definition of arms and ammunition and brought the same to Hyderabad and the remnants of the same recovered at their instance from Banjara Nilayam Habsiguda Hyderabad would only show their intention to wage war against the Government of India they decided to threaten the unity, integrity, security or sovereignty of India, wage war against the
Government of India by carrying out series of blasts, and in consequence of the same, A1 planted IED (time bomb) at near Foot Over Bridge, JC Brothers,
Dilsukhnagar, with the common intention and conspiracy of A2 and absconding accused No.3, and caused death innocent persons (mentioned in SC 2/2011, SC 3/2011), with intent that the same would create disharmony among the groups of religions against each other, and thereby they committed the above said offences. Therefore under section 121A of IPC there can never be any direct evidence regarding the fact of waging war against the Government of India or attempt to wage such a war. The offence can only be proved by the circumstantial evidence and oral testimony of the witnesses. In the present case, the circumstances are explained in penultimate paras establishes role of A1 and A2 along with absconding Accused No.3. Therefore this Court has no hesitation to hold that the accused No.1, A2 have committed the offence U/Sec.121A IPC. The omission to mention Sections 34 and 109 IPC in the charge has only an academic significance and has not in any way misled the accused. This Court holds that the 135 (Lumbini Park) accused No.1 is found guilty for the offence Section 121A IPC, and accused No.2 is found guilty for the offence under Section 121A r/w 34 r/w 120B IPC. In so far as, A5 & A6 are concerned, the prosecution failed to establish their involvement in the said offences beyond all reasonable doubt. Point (VI) is answered affirmatively in favour of prosecution and against A1 & A2.
280.VII) Does the prosecution prove that accused No.1 (Anik) with the
common intention and conspiracy of A2, abetment and conspiracy of A5
and A6 and other absconding accused promoted feelings of enmity or hatred
between the groups viz., prejudicial to maintenance of harmony between the
said groups, disturbed or likely to disturb public tranquility on 25.8.2007 by
exploding a bomb inside the Laserium Lumbini Park, Hyderabad, punishable
under Section 153A of Indian Penal Code?
281.On this aspect, the learned counsel for the accused relied upon citation in 2007 CRI.L.J. 2959 (SUPREME COURT) Manzar Sayeed Khan Vs.
State of Maharashtra and Anr., wherein it was held as under:
“The intention to cause disorder or incite the people to violence is the sine qua non of the offence under Section 153A of IPC and the prosecution has to prove prima facie the existence of mens rea on the part of the accused. The intention has to be judged primarily by the language of the book and the circumstances in which the book was written and published. The matter complained of within the ambit of Section 153A must be read as a whole. One cannot rely on strongly worded and isolated passages for proving the charge nor indeed can take a sentence here and a sentence there and connect them by a meticulous process of inferential reasoning.”
282.Section 153A of IPC reads as under:
153A. Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony.— (1) Whoever—
(a) by words, either spoken or written, or by signs or by visible representations or otherwise, promotes or attempts to promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, 136 (Lumbini Park) disharmony or feelings of enmity, hatred or illwill between different religious, racial, language or regional groups or castes or communities, or
(b) commits any act which is prejudicial to the maintenance of harmony between different religious, racial, language or regional groups or castes or communities, and which disturbs or is likely to disturb the public tranquility, 2[or] 2[(c) organizes any exercise, movement, drill or other similar activity intending that the participants in such activity shall use or be trained to use criminal force or violence or knowing it to be likely that the participants in such activity will use or be trained to use criminal force or violence, or participates in such activity intending to use or be trained to use criminal force or violence or knowing it to be likely that the participants in such activity will use or be trained to use criminal force or violence, against any religious, racial, language or regional group or caste or community and such activity for any reason whatsoever causes or is likely to cause fear or alarm or a feeling of insecurity amongst members of such religious, racial, language or regional group or caste or community,] shall be punished with imprisonment which may extend to three years, or with fine, or with both. Offence committed in place of worship, etc.—(2) Whoever commits an offence specified in subsection (1) in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies, shall be punished with imprisonment which may extend to five years and shall also be liable to fine.]
283.The place where accused No.1 planted the bomb was crowed with the persons who belonging to Hindu community and the place chosen by the accused would only go to show that they chosen the said place to incite and promote disturbance to the maintenance of harmony between the Hindus and
Muslims and disturb the public tranquility on 25.8.2007 by exploding the bomb inside Laserium Show, and that the involvement of accused No.1 and A2 is clearly established for the offence under Section 153A of IPC. Thus, A1 is found guilty for the offence under Section 153A IPC, and since the said act was with the common intention of A2, A2 is found guilty for the offence under Section 1 153
A r/w 34 r/w 120B IPC. In so far as, A5 & A6 are concerned, the prosecution failed to establish their involvement in the said offences beyond all reasonable doubt. Point VII is answered affirmatively in favour of prosecution and against
A1 & A2.
284. VIII Does the prosecution prove that accused No.1 with the common 137 (Lumbini Park)
intention of A2 abetted and along with A2, A5, A6 and other absconding
accused were party to a criminal conspiracy to wage war against the Govt.of
India and to commit other offences i.e.offences punishable u/s punishable
U/Sec.302 of Indian Penal Code (murder), U/Sec.307 of Indian Penal Code
(attempt to murder), U/Sec.436 of Indian Penal Code (mischief by fire or
explosive substances with intend to destroy property at Lumbini Park,
Hyderabad and Section 3 of the Explosive Substances Act (unlawful causing
explosion), Section 5 of Explosive Substances Act (possession of Improved
Explosive Devices unlawfully), Section 13(1)(b) of Unlawful Activities
(Prevention) Act, 1967 (advocating or inciting the commission of unlawful
activity), Section 16(a)(b) of the Unlawful Activities (Prevention) Act, 1967
(to threat the unity, integrity, security or soverghnity of India or with intent to strike terror or likely to strike in the people or any section of the people of
India or in any foreign country), and Section 18 of the Unlawful Activities
(Prevention) Act, 1967 (conspired and attempted to commit terrorists act
viz., exploding a bomb inside the Lazerium Lumbini Park, Hyderabad),
Section 20 of Unlawful Activities (Prevention) Act, 1967 (being member of
unlawful association and committing an act relating to its membership),
punishable U/Sec.120B of Indian Penal Code?
285.Whereas the learned Special Public Prosecutor submitted that the evidence adduced by the prosecution clearly establishes the complicity of each of the accused which makes them as conspirators of the crime.
286.In cases of criminal conspiracy, the evidence would attract if there is an agreement between two or more persons to do or cause to be done an illegal act by illegal means. A criminal conspiracy would continue as long as the 138 (Lumbini Park) members of such conspiracy do acts in furtherance of the object of the conspirators: Under Section 10 of Indian Evidence Act the offence of criminal conspiracy is complete, where the conspirators have agreed to do an act, or in furtherance of their common intention such acts done by any one of them which in itself would be evidence and no specific overt acts need to be established as against each and every accused. In Ramnarayanam Popli Vs State reported in 2003 Supreme Court cases (criminal) page 869 the Hon’ble Supreme court held that the elements of criminal conspiracy are:
a)An object to be accomplished. b)A plan or scheme embodying means to accomplish such object. c)An agreement to commit such acts by affective means and d)An overt act if required by statute.
287, For an offence punishable under 120 B of IPC it would not be necessary to give direct evidence of the agreement of conspirators but can be proved by necessary implications and inferences can be drawn from the acts of the perpetrators. The conspiracy can be proved from the circumstances of the case indicating the meeting of minds. The Hon’ble Supreme Court in Mohammad
Khalid Vs State reported in 2002 the Supreme Court cases (Crl) page 734 held that no overt act need be proved to establish criminal conspiracy when existence of an agreement to commit an act can be shown from circumstances of the case.
In the judgment reported in 2001 SCC (Cri) 1341 FIROZUDDIN BASHEERUDDIN
V/S STATE OF KERALA, the Hon’ble Supreme Court observed at Para 23... The rationale of conspiracy is that the required objective manifestation of disposition to criminality is provided by the act of agreement. Conspiracy is a clandestine activity. Persons generally do not form illegal covenants openly. In the interests of security, a person may carry out his part of a conspiracy without even being informed of the identity of his coconspirators. The law does not require that the act of agreement take any particular form and the fact of agreement may be 139 (Lumbini Park) communicated by words or conduct. Thus, it has been said that it is unnecessary to prove that the parties "actually came together and agreed in terms" to pursue the unlawful object: there need never have been an express verbal agreement, it being sufficient that there was "a tacit understanding between conspirators as to what should be done,".
288,The circumstances explained in the penultimate paras and the involvement of accused in ghastly act would only show their conspiracy against the State and accused were party to a criminal conspiracy to wage war against the Govt.of India and to commit other offences i.e.offences punishable u/s punishable U/Sec.302 of
Indian Penal Code (murder), U/Sec.307 of Indian Penal Code (attempt to murder), U/Sec.436 of Indian Penal Code (mischief by fire or explosive substances with intend to destroy property at Lumbini Park, Hyderabad and
Section 3 of the Explosive Substances Act (unlawful causing explosion), Section 5 of Explosive Substances Act (possession of Improved Explosive Devices unlawfully), Section 13(1)(b) of Unlawful Activities (Prevention) Act, 1967 (advocating or inciting the commission of unlawful activity), Section 16(a)(b) of the Unlawful Activities (Prevention) Act, 1967 (to threat the unity, integrity, security or soveri8ghnity of India or with intent to strike terror or likely to strike in the people or any section of the people of India or in any foreign country), and Section 18 of the Unlawful Activities (Prevention) Act, 1967 (conspired and attempted to commit terrorists act viz., exploding a bomb inside the Lazerium
Lumbini Park, Hyderabad), Section 20 of Unlawful Activities (Prevention) Act, 1967 (being member of unlawful association and committing an act relating to its membership), punishable U/Sec.120B of Indian Penal Code.
289.Thus it is established the guilt of the accused No.1 & 2 for the offence under Section 120B IPC. A1 & A2 are found guilty for the offence under
Section 120B r/w 302 IPC. In so far as A5 & A6 are concerned, the prosecution 140 (Lumbini Park) failed to establish their guilt for the offence under Section 120B IPC beyond all reasonable doubt. This Point VIII is answered affirmatively in favour of prosecution and against A1 & A2. In so far as A5 & A6 are concerned, it is answered negatively.
290.IX) Does the prosecution prove that accused No.1 (Anik) with the
common intention and conspiracy of A2, abetment and conspiracy of A5
and A6 and other absconding accused, unlawfully exploded a bomb inside
the Lazerium, Lumbini Park, Hyderabad, punishable under Section 3 of the
Explosives Substances Act, 1908?
291.PW.89 is the Inspector of Police, Bomb Disposal Squad, and he deposed that as per the orders of Hon'ble I ACMM, Hyderabad dated 9.3.2009 (Ex.P119), the police have handed over sealed box containing seized property from the accused and he along with PW.88 shifted the seized material to
Premavathi firing range and after taking all precautionary measures, opened the box and found flour electrical detonators, and they were defused and destroyed.
He collected the remnants of the said items and handed over to PW.88.
292.PW.91 Head Constable, Bomb Detection Technician in City Security
Wing deposed that on 25.8.2007 he received call from head quarters CCS and directed him to attend at Dilsukhnagar and there was a suspecting bag found at
Dilshuknagar foot over bridge. The local police already shifted the said bag to an isolated area near the place ie, road running Dilsukhnagar to Moosrambagh. By the time he reached there, police took precautions to public. He opened the said bag and it was black colour pack and found a gift pack with gold colour tin foil claim over mine it is called as IED (Improved Explosive Device). First he cut the power sources thereafter, second precaution he cut detonator wires and separated the detonators from the explosives. He identified Mos. 1 to 11 marked 141 (Lumbini Park) in SC 1/2011 as the said material objects. He gave Ex.P120 certificate.
293.PW.92 on 12.09.2007 their office received a sealed parcel in Crime
No.255/2007 of PS Malakpet with forwarding letter No. 1259/OW/MKP
DIVN/2007, dt.26.08.2007. Wherein 13 items of defused bomb were received which are marked as MO.s 1 to 11. In the item No.3 and 3(A) of his opinion is destroyed by him in the interest of public safety. Ex.P121 (original marked in SC
No.1/2011 as Ex.P48) is the report and opinion given by PW.76. Based on
Ex.P121, he offered his opinion that the items coupled with chemical analysis report, item No.3 is Ammonium Nitrate emulsion explosive of ClassII, connected to ClassVI division – 3 electric detonators, items No. 5, 6 and 9 are related to clock mechanism with two wires connected to alarm buzzer, item No.s 7 and 8 are 9V flat batteries, item 4 metal balls, item No.2 a wooden box and item No.1 is a carry bag. The above items forms an Improvised Explosive Device known as Time bomb in which chain of detonation includes, 1) Explosive Charge (item No.3), 2)
Detonators, electrical (Item No.3(A)), 3) power source (Item No.7 and 8), 4)
Clock Mechanism (Item No.5, 6 and 9), 5) Container (Item No.2), 6) Metal Balls (Item No.4), 7) bomb carrier (Item No.1), 8) bomb consealers (Item No.s 10, 11 and 13), 9) Explosive Wraper (Item No.12) (Items No.1 to 13 referred herein correspond to MO.s 1 to 11). the above type of IED can endanger human life on explosion. The items are found to be similar mentioned in Ex.P121. After he formed his opinion the same was approved and forwarded by Joint Director,
APFSL. My opinion forms part of Ex.P121 which is marked as Ex.P121A. Ex.s P1 to P15 (original photos in SC No.1/2011) are the photographs of items received under items No.1 to 13 as mentioned in Ex.P121. a sealed cardboard box on 11.09.2007 by their office in Crime No.97/2007, CCS, DD, Hyderabad with letter
No. 97/CR/CCS, DD/2007 dt.11.09.2007. MO.s 21 to 26 (marked in SC
No.3/2011) were examined by chemical analysis department and forwarded the 142 (Lumbini Park) report to him for offering my opinion. He examined the items at crime scene in
Lumbini Park on 25.08.2007, on the basis of material received in the office he offered his opinion in Ex.P91. Opinion is Item No.s 1 to 5, 7 to 14 are affected by the explosion of Improvised Explosive Devise (Time bomb) in which chain of detonation includes Ammonium Nitrate Emulsion as explosive charge, electric detonator as initiator, metallic balls as splinters (Item No.2, 7a to 7f), container pieces (item No.7g, 5), clock mechanism (Item No.5), concealer (Item No.5), IED carrier, black colour bag pieces (item No.4), power source (Item No.3). The above items are similar to the materials in our report CHE/378/2007 and
CHE/386/2007 (Items No.1 to 14 referred herein are corresponding to MO.s 21 to 26 marked in SC.No.3/2011).
294.Perusal of Ex.P95 would show that, items No.1 to 18 viz.(marked as
Mos. In SC 1/2011) are analysed under physical examination and chemical tests, and it was found to contain “Ammonium Nitrate” a chemical substance is found in items No.1,2,3,5,6,8,9,10,11.12,13,17 and 18. Perusal of Ex.P21 also says about presence of Ammonium Nitrate. Ex.P121A gives an opinion, that item No.3, item No.3A, item No.7 & 8, Item Nos.5,6,9, item No.2 (container) Item
No.4 (metall balls splinters), Item No.1(bomb carrier), itemNos.10, 11 and 13 (bomb consealers), item No.14 explsoive wrapper) would show the type of IEC can endanger human life on explosion. The chemical detonators item No.3A are destroyed and items in found (other two cases) are found with similar type of IED
Explosion. Thus it is clear that an IED explosion is used in the commission of blasting at Lumbini Park. The accused No.1 unlawfully exploded in furtherance of common intention of A2 and other absconding accused No.3, a bomb inside the
Lazerium, Lumbini Park, Hyderabad, punishable under Section 3 of the Explosives
Substances Act, 1908. Thus A1 is found guilty for the offence under Section 3 of the Explosives Substance Act. A2 is found guilty for the offence under Section 3 143 (Lumbini Park) of the Explosive Substance Act r/w 34 r/w 120B IPC. Point IX is answered affirmatively in favour of prosecution and against A1 & A2. In so far as A5 & A6 are concerned, the point is answered negatively.
295.X)Does the prosecution prove that accused No.1 (Anik) with the
common intention and conspiracy of A2, abetment and conspiracy of A5
and A6 and other absconding accused were in unlawful possession of
Explosive Substances punishable under Section 5 of the Explosives Substances
Act, 1908?
296.From the seizure of material objects viz., mentioned in Table
No.4, at instance of the accused No.1 & 2, and possession of IED bomb prior to blasting at Lumbini Park by A1, as seen by eye witnesses Pws.53 and PW.56, and the circumstances narrated in the penultimate paras and discussion made on the aspect whether it was a low explosive or high explosive, would show that the accused No.1 was in possession of high explosive.
297.The learned counsel for the accused raised contention that the charge under Explosive Substance Act is not maintainable because the detonators come within the definition of Explosives Act. Per contra, the learned
Special PP submitted that though the detonators come within the definition of
Explosives Act, but the cumulative of material used for preparation of IED definitely comes under the Explosive Substance Act. There is force in the submission of the learned Public Prosecutor. As per the opinions of the Experts, the bomb was an IED. Hence, the accused is liable for the possession of Explosive
Substance. A1 is found guilty for the offence under Section 5 of the Explosive
Substance Act. In so far as A2 is concerned, the “possession” used in the section is not confined only to actual physical possession but also includes constructive possession. The Hon'ble Supreme Court while explaining the term “possession” 144 (Lumbini Park) with the aid of illustration in the case of Gunawant Lal Vs. State of M.P. observed as under:
“the possession of a firearm under the Arms Act in our view must have firstly the element of consciousness or knowledge of that possession in the person charged with such offence and secondly where he has not the actual physical possession, he has nonetheless a power or control over that weapon, so that his possession thereon continues despite physical possession being in someone else. If this were not so, then an owner of a house who leaves an unlicensed gun in that house but he is not present when it was recovered by the police can plead that he was not in position of it even though he had himself possession of it consciously kept it there when he went out.”
From the above, it is clear that in furtherance of their common intention and conspiracy, the accused No.1 was in possession of IED Bomb at Dilsukhnagar near Foot over bridge and that such possession was in conscious possession of
Accused No.2 also because parts of the IED were purchased jointly, and therefore the accused No.2 is also liable for constructive possession of IED (unexploded) and therefore, he is liable for the offence under Section 5 r/w 34 r/w 120B IPC of the Explosives Act. In so far as A5 and A6, the evidence is not sufficient. The
Point No.X is answered affirmatively in favour of prosecution and against A1 &2.
In so far as A5 & A6 are concerned, it is answered negatively. The Point No.X is answered affirmatively in favour of prosecution and against A1. In so far as A2,
A5 & A6 are concerned, it is answered negatively.
298.XI)Does the prosecution prove that accused No.1 (Anik) with the
common intention and conspiracy of A2, abetment and conspiracy of A5
and A6 and other absconding accused and absconding accused, advocated or
incited the commission of unlawful activity by exploding a bomb inside the
145 (Lumbini Park)
Lazerium, Lumbini Park, Hyderabad, punishable under Section 13(1)(a) and
(b) of the Unlawful Activities (Prevention) Act, 1967?
XII)Does the prosecution prove that accused No.1 (Anik) with the
common intention and conspiracy of A2, abetment and conspiracy of A5
and A6 and other absconding accused committed terrorist act by exploding a bomb inside the Lazerium, Lumbini Park, Hyderabad, to threaten the unity, integrity, security or sovereignty of India or with intent to strike terror or likely to strike in the people of any section of the people in India or in any foreign country , punishable under Section 16(a) and (b) of the Unlawful Activities (Prevention) Act, 1967?
XIII)Does the prosecution prove that accused No.1 (Anik) with the
common intention and conspiracy of A2, abetment and conspiracy of A5
and A6 and other absconding accused, conspired and attempted to commit commission of terrorist act viz., exploding a bomb inside the Lazerium, Lumbini
Park, Hyderabad, to threaten the unity, integrity, security or sovereignty of India or with intent to strike terror or likely to strike in the people of any section of the people in India or in any foreign country , punishable under Section 18 of the
Unlawful Activities (Prevention) Act, 1967?
XIV)Does the prosecution prove that the accused No.1,2, A5 & A6 were members of terrorists gang, viz., Indian Mujahidden to commit terrorist act by exploding a bomb inside the Lazerium, Lumbini Park, Hyderabad,. Punishable under Section 20 of the Unlawful Activities (Prevention) Act, 1967?
299.On these points, it is stated that the chain of circumstances narrated above and proved would clearly establish that the accused No.1 on 25.8.2007 at 7.30 p.m, exploded bomb inside the Laserium, Lumbini Park, Hyderabad with the common intention and conspiracy of accused No.2 & absconding Accused No.3 146 (Lumbini Park) (absconding) and the said act of the accused were to advocate or incite the commission of unlawful activity and with that intention only they murdered the persons mentioned in table No.1 besides causing injuries to the persons mentioned in table No.2, and the same was committed by them to threat the unity, integrity, security and soverignity of India and with that intent only strike terror , and attempted to commit terrorist act in other place, at Dilsukhnagar and thus committed offences punishable Unlawful Activities (Prevention ) Act, 1967, but the prosecution failed to prove that the Indian Mujahidden is a banned organization as on the date of commission of offence. Hence, they cannot be treated as members of banned organization on the date of offence. Thus, A1 committed the offence Sections 13(1)(a) and (b), 16(a) and (b) and 18 of the
Unlawful Activities (Prevention) Act, 1967. A2 committed offence Sections 13(1)
(a) and (b) r/w 34 r/w 120B IPC, 16(a) and (b) r/w 34 r/w 120B IPC and 18 of the Unlawful Activities (Prevention) Act, 1967 r/w 34 r/w 120B IPC. The points XI, XII & XIII are answered affirmatively in favour of prosecution and against A1 & A2. In so far as A5 & A6 are concerned, these points viz., XI, XII &XIII are answered negatively and against the prosecution. In so far as Point
No.IV is concerned, it is answered negatively against A1, A2, A5 & A6 negatively.
300.XV)Does the prosecution prove that the accused No.1,2, A5 &
A6 committed damage of the property of Lazerium, Lumbini Park,
Hyderabad, punishable under Section 4 of the Prevention of Damage to
Public Property Act, 1984?
301.It is an undisputed fact that a blast occurred at Lumbini Park on 25.8.2007 at 7.30 p.m, and the property was damage in that blast and the accused
No.1 was the person who planted and blasted the bomb at the Lumbini Park, with the abetment of other accused. Thus, the accused No.1 found guilty for the 147 (Lumbini Park) offence under of the Prevention of Damage to Public Property Act, 1984. A2 is found guilty for the offence under of the Prevention of Damage to Public Property
Act, 1984 r/w 34, r/w 120B IPC. The point No.XV is answered affirmatively in favour of prosecution and against A1 & A2. In so far as A5 & A6 is concerned, this point is answered negatively.
302. As far as the involvement of absconding accused No.3 whose name has been figured in the confessional statements of accused No.1 & A2 is concerned, this Court has only considered his involvement in the conspiracy. This Court cannot give any verdict against the absconding accused No.3 because he is not tried so far. Therefore the involvement of the absconding accused No.3 to the extent of offence U/Sec.120B, 121A, of IPC is proved.
303.The prosecution failed to prove role of A5 in carrying out the bomb blast in this case. However, it established only once circumstance against him, i.e,
A.5 asked PW.66 to take care of A1 in Hyderabad, as A1 was coming from Pune to Hyderabad. There are several missing links in this case so far A5 is concerned and the chain of circumstance is not complete and it further failed to establish the prior meeting of minds or conspiracy of A5 with other accused. Though the presence of A5 stated by PW.66 when A1 and A2 gave extra judicial confession but they did not refer his name as one of the conspirator. Though PW.66 stated in his chief examination about the role of A5 also, but during course of cross examination he admitted that he did not state in any of his statements about involvement of A5. Of course PW.66 denied suggestion by the learned counsel for the accused that A5 has no nexus with other accused, but the same by itself cannot be taken into consideration without independent corroboration by the other witnesses. The Court also cannot ignore that in case the accused No.5 is convicted of the offence of conspiracy, He will be visited with serious 148 (Lumbini Park) consequences in the nature of severe punishment. I do not think such fragile piece of evidence is sufficient to prove the charges against A5.
304. In so far as A6 is concerned, there is no whisper with regard to role of A6 and the prosecution failed to establish that he has any criminal conspiracy or common intention with that of A1, A2 & A3 in carrying out the blasts.
305Summary:In this case the prosecution established that there is common intention and conspiracy between A1 and A2 and absconding accused No.3 to take revenge against the blasts of Mecca Masjid and in pursuance of the same, they decided to wage war against the Government of India by carrying out series of blasts and in consequence of the same, A1 planted IED (time bomb) at
Lasereium Show, at Lumbini Park, with the common intention and conspiracy of
A2 and absconding accused No.3, and caused death of 12 innocent persons and attempted to cause death of 21 persons, (who had received simple and grievous injuries) besides causing damage to the property at Lubmini Park, with a intent that the same would create disharmony among the groups of religions against each other, and thereby they committed the above said offences. The prosecution established the charges against A1 & A2 with which they are charged. The accused No.5 & A6 are found not guilty for the charges framed against them.
Crl. MP. No. 377 of 2018 filed by Prosecution is allowed vide separate order.
Miscellaneous applications, if any, pending in this case, shall stand closed.
306.In the result, the Accused No.1 is found guilty for the offences punishable under Sections 120(B), 302, 307, 436, 121A and 153A of IPC, Sections 3 & 5 of Explosives Substances Act, 1908 and Sections 13(1)(a)(b), 16, and 18 of the
Unlawful Activities (Prevention) Act, 1967, Section 4 of Prevention of Damage to
Public Property Act, 1984 and accordingly he is convicted for the said offences 149 (Lumbini Park) under Section 235(2) Cr.P.C.
A2 is found guilty for the offences punishable under Sections 120(B), 302 r/w 34, r/w 120B IPC, 307 r/w 34, r/w 120B IPC, 436r/w 34, r/w 120B IPC , 121A r/w 34, r/w 120B IPC and 153A r/w 34, r/w 120B IPC, Sections 3 & 5 of Explosive Substances Act, 1908 r/w 34, r/w 120B IPC, and Sections 13(1)(a)
(b) r/w 34, r/w 120B IPC, 16 r/w 34, r/w 120B IPC, and 18 of the Unlawful Activities (Prevention) Act, 1967 r/w 34, r/w 120B IPC and Section 4of Prevention of Damage to Public Property Act, 1984 r/w 34, r/w 120B IPC and accordingly he is convicted for the said offences under Section 235(2) Cr.P.C. However, A1 & A2 are found not guilty for the offence under Section 20 of the Unlawful Activities (Prevention) Act and they are acquitted under Section 235(1) CrP.C for the said offence. The accused No.5 & A6 are found not guilty for the offences punishable under Sections 120(B), 302, 307, 436, 121A and 153A of IPC, Sections 3 & 5 of Explosive Substances Act, 1908 and Sections 13(1)(a)(b), 16, 18 and 20 of the Unlawful Activities (Prevention) Act, 1967 and Section 4 of Prevention of Damage to Public Property Act, 1984 and accordingly A5 & A6 are acquitted for the said offences under Section 235(1) Cr.P.C. A5 & A6 shall be set at liberty if they are not required in any other case or cases. Directly typed to my dictation by Stenographer – Gr.1, corrected and
pronounced by me in the open court on this the 4th day of September, 2018.
FAC. II Addl Metropolitan Sessions Judge at Hyderabad for trial of Cases filed Counter Terrorist Operations (OCTOPUS P.S.)
COURT RESUMED ON 10TH DAY OF SEPTEMBER, 2018 (SC 3/2011)
307.SENTENCE ORDER:
01.Learned Special Public Prosecutor and the denfence counsel are heard on the point of sentence. This Court heard the accused individually on the point of sentence.
02.In this case there are four offences U/Sec.120B r/w.302 IPC, 302
IPC, Section 3 of Explosive Substances Act, U/Sec.16 of Unlawful Activities (Prevention) Act for which the accused may be visited with death sentence or life imprisonment with fine.
03.The accused are examined on quantum of sentence and they 150 (Lumbini Park) submitted as follows:
Accused Anik Shafique Sayeed @ Anique @ Khaled stated that I have
already completed 10 years in the jail. Basing on fabricated documents I
have been prosecuted. During the 10 years period of my remand, I have
behaved properly in the jail. Apart from that as I mentioned in my S.313
Cr.P.C. examination by my written statement, I have been falsely implicated
in the case. The real persons who perpetrated the offence have to be
brought to the justice. I am also victim along with 43 persons who have
died. We need to go into the root cause.
Accused Mohd. Akabar Ismail Chowdhari @ Sayeed @ Yakub@ Vinod
Patil, stated that I have already completed 10 years in the jail. I have old
aged parents. My parents are suffering from cancer. I am also victim in this
case. I may be awarded lesser punishment.
A2:
04.The learned Special Public Prosecutor submitted common arguments in all the three cases contending that these case come under the category of "rarest of rare cases". 44 persons have died. Several injuries persons are stilling suffering with amputations and some are bedridden and depending upon the mercy of their parents and other family members for attending even for their nature calls. The accused are responsible for planning and carrying out several bomb blasts throughout India over the years resulting in several hundred deaths of innocent Indians, women children and men leaving apart several others injured. Absolutely they do not deserve any leniency. They acted like killing machines on innocent people. There are aggravating circumstances. There are no mitigating circumstances except age of the accused which cannot be considered in view of the decision of the case of Mukesh and another vs State of
NCT, Delhi and others reported in (2017) 6 Supreme Court Cases. Even if there 151 (Lumbini Park) are any mitigating circumstances that like young age of victims, dependents and ailing parents, post crime remorse and good behaviour in jail and absence of criminal antecedents, aggravating circumstances outweighed them and warranting death sentence.
05.The learned Special Public Prosecutor relied upon a decision reported in 2012 (3) SCC (Cri) 481 Mohammed Ajmal Mohammed Amir Kasab @
Abu Mujahid Vs. State of Maharashtra wherein it was held that "the preparation and training for the execution was as thorough as the execution was ruthless. In terms of loss of life and property, and more importantly in its traumatizing effect, this case stands alone, or it is at least the very rarest of rare before this Court since the birth of the Republic. Therefore, it should also attract the rarest of rare punishment." and prayed for capital punishment.
06.He relied upon another decision reported in 2011 (2) SCC (Cri) 626
Md.Mannan @ Abdul Mannan Vs. State of Bihar wherein it was held that "When the crime is committed in an extremely brutal, grotesque, diabolical, revolting or dastardly manner so as to arouse intense and extreme indignation of the community and when collective conscience of the community is petrified, one has to lean towards the death sentence." In the present case on hand also certainly the crime is committed in an extremely brutal, grotesque, diabolical, revolting or dastardly manner, hence this decision is applicable to the present case on hand.
07.He also relied upon another decision reported in 1994 SCC (Cri) 555, Bheru Kalyan wherein it was observed that in Dhananjoy Chatterjee Vs. West
Bengal State the Hon'ble Supreme Court observed that "Justice demands that courts should impose punishment befitting the crime so that the Courts reflect public abhorrence of the crime. The courts must not only keep in view the rights of the criminal but also the rights of the victims of crime and the society at large while considering imposition of appropriate punishment." There is no dispute 152 (Lumbini Park) with regard to the ratio laid down in this decision.
08.He also relied upon another decision reported in 2012 (2) SCC (Cri) 766, Mohd Arif @ Ashfaq Vs. State of NCT of Delhi wherein it was held that "It was a thought out insult offered to question the sovereignty of this great nation by foreign nationals. Therefore, this case becomes a rarest of rare case. This was nothing but an undeclared war by some foreign mercenaries like the present appellant and his other partner in conspiracy Abu Shamal and some others who either got killed or escaped. In conspiring to bring about such kind of attack and then carrying out their nefarious activities in systematic manner to make an attack possible was nothing but an attempt to question the sovereignty of India.
Therefore, even without any reference to any other case law, we held this case to be the rarest of rare case." In the present case on hand also the accused developed the mindset of foreign terrorists who became enemies to the society.
09.He also relied upon a decision reported in 2009 (1) SCC (Cri) 353
Bantu Vs. State of Uttar Pradesh wherein it was held that "What is culled out from the decisions noted above is that while deciding the question as to whether the extreme penalty of death sentence is to be awarded, a balance sheet of aggravating and mitigating circumstances has to be drawn up." There is no dispute with regard to the ratio laid down in this decision.
10.At this stage it is settled law to decide whether to impose the extreme penalty of death sentence or to give alternative punishment of life imprisonment, one has to consider both mitigating and aggravating circumstances:
11.On this aspect, the Hon'ble Supreme Court in Bachan Singh Vs. State of Punjab reported at AIR 1980 S.C. 898 held that “204. Dr.Chitaley has suggested these mitigating factors : “Mitigating circumstances: In the exercise of its discretion in the above cases, the Court shall take into account the following 153 (Lumbini Park) circumstances: (1) That the offence was committed under the influence of extreme mental or emotional disturbance.
(2)The age of the accused. If the accused is young or old, he shall not be sentenced to death.
(3) The probability that the accused would not commit criminal acts of violence as would constitute a continuing threat to society.
(4) The probability that the accused can be reformed and rehabilitated. The State shall by evidence prove that the accused does not satisfy the conditions 3 and 4 above.
(5) That in the facts and circumstances of the case the accused believed that he was morally justified in committing the offence.
(6) That the accused acted under the duress or domination of another person.
(7) That the condition of the accused showed that he was mentally defective and that the said defect impaired his capacity to appreciate the criminality of his conduct.”
12.Per contra, the learned counsel for the accused Sri Gurumurthy submitted common arguments in all the three cases, that when the accused are acquitted under Section 20 of the Unlawful Activities (Prevention) Act, the accused are not terrorists and therefore the accused cannot be meted out with death penalty, and that they had no intention to commit the offence and keeping in view the age of the accused, there are mitigating circumstances to award lesser punishment and it is not a rarest of rare cases, and in fact the accused are also victims and the prosecution produced weak piece of evidence on which death penalty cannot be awarded. The father of accused worked in Postal Department and there was no previous or subsequent misconduct of the accused even prior to 2009 or after 2009 to till their arrest no material against the accused is shown.
154 (Lumbini Park)
He relied upon the following citations.
1) Mulla and another reported in (2010) 2 Supreme Court Cases (Cri) 1150, wherein it was held that “It is settled legal position that the punishment must fit the crime. It is the duty of the court to impose proper punishment depending upon the degree of criminality and desirability to impose such punishment” and in the above citation, Bacchan Singh and Macchi Singh cases are referred.
2) 1972 Crl.L.J. 291 Balwant Singh Vs. State of Punjab, that “On the facts of this case, it is true that the appellant had a motive to commit the murder and his intention to kill the deceased . His conviction under
Section 302 IPC was justified but the facts found were not such as to enable the
Court to say that there were special reasons for passing the sentence of death in this case.”
But in the present case on hand, there is motive on the part of the accused to take revenge for the blasts of Mecca Masjid.
3)1979 Crl.L.J 8141, Bishnu Deo Shaw Vs. State, “We have examined the facts of the case. We find some vague evidence to the effect that the appellant suspected that the deceased was not his own son and that he used to get angry with the deceased for not obeying him. There is also vague evidence that he had killed the mother of the deceased and had suffered sentence of imprisonment for that offence.
But in the present case in hand, the evidence is not vague. In all the three cases, the accused persons and the absconding accused Riyaz Bhatkal who planted the bag contained IED which is high explosive and comes under the special category, were identified by the witnesses and therefore the above decision is not applicable. All the circumstances established beyond all reasonable doubt about the guilt of the accused.
155 (Lumbini Park)
At this stage, the learned counsel for accused Anif vehemently contended that if the absconding accused Riyaz Bhatkal arrested and admits guilty that he alone committed the offence, then what would be the fate of these two accused persons Anik and Akber.
But in the present case on hand, eye witnesses have categorically identified the accused who planted the IED high explosive bombs,i.e, Riyaz Bhatka at Gokul
Chat on icre cream making machine, Anik in the Lumbini Park and Akber near
Foot over Bridge, Dilsukhnagar. In view of the above, the said argument of the counsel for the accused has no legs to stand.
4)AIR 1976 CRI.L.J 1716, Ambaram Vs. The state, wherein it was held tha “Life imprisonment is a a rule and the death sentence is an exception.
There is no dispute with regard to the above citation, but this case comes under an exception but these two cases are rarest of rare cases.
5)Ramnaresh Vs. State of Chattisgarh, 2012 Law Suits (SC 143) wherein, it relied upon Macchi Singh case.
12.In the present case on hand, this offence was not committed under the influence of extreme mental or emotional disturbance but it was committed with perplanning by choosing the places where more number of people are gathered so that the damage to the lives and property more and more, and that too after making Recce.
13.In so far as the age of the accused is concerned, even though they are young but this circumstance alone could not come to their rescue after balancing aggravating circumstances because their ideology of taking revenge on the innocent persons of a particular community is very dangerous to the society.
14.In so far as the conduct of the accused is concerned, they are 156 (Lumbini Park) involved in several crimes of similar nature, therefore there is probability that the accused could commit the similar crime, if they are given a chance of life imprisonment.
15.In so far as the reformation and rehabilitation of the accused is concerned, the defence counsel Sri Raji Reddy submitted that the accused had no intention to commit the offences but they acted like robos and they were directed by the external influence.
16.In so far as fifth point is concerned, there is no material to show that the accused are justified in killing 44 persons and causing simple and grievous injuries to several persons and there is no material to show that the accused acted under duress or domination of another person and their mentality is to kill the innocent persons under the guise of taking revenge for the Mecca Masjid blasts.
17.Hon'ble Supreme Court of India in Machhisingh Vs. State of Punajb reported at AIR 1983 S.C. 957 held that that a balancesheet of aggravating and mitigating circumstances shall be drawn before taking any decision on the point of sentence. However, in the present case there are no mitigating except the age, circumstances which may call for preparing a balance sheet of aggravating and mitigating circumstances. The observations made by the Hon'ble Supreme Court in that case at para32 are also worth noting which reads as under : “32. The reasons why the community as a whole does not endorse the humanistic approach reflected in "death sentence in no case" doctrine are not far to seek. . In the first place, The very humanistic edifice is constructed on the foundation of "reverence for life" principle. When a member of the community violates this very principle by killing another member, the society may not feel itself bound by the shackles of this doctrine. Secondly, it has to be realised that every member of the community is able to live with safety without his or her own life being endangered because of 157 (Lumbini Park) the protective arm of the community and on account of the rule of law enforced by it. The very existence of the rule of law and the fear of being brought to book operates as a deterrent to those who have no scruples in killing others if it suits their ends. Every member of the community owes a debt to the community for this protection. When ingratitude is shown instead of gratitude by 'killing' a member of the community which protects the murderer himself from being killed, or when the community feels that for the sake of self preservation the killer has to be killed, the community may well withdraw the protection by sanctioning the death penalty. But the community will not do so in every case. It may do so (in rarest of rare cases) when its collective conscience is so shocked that it will expect the holders of the judicial power centre to inflict death penalty irrespective of their personal opinion as regards desirability or otherwise of retaining death penalty. The community may entertain such a sentiment when the crime is viewed from the platform of the motive for, or the manner of commission of the crime, or the antisocial or abhorrent nature of the crime, such as for instance:
I. Manner of Commission of Murder, When the murder is committed in an
extremely brutal, grotesque, diabolical, revolting, or dastardly manner so as
to arouse intense and extreme indignation of the community. For instance.(i)
When the house of the victim is set aflame with the end in view to roast him alive in the house,
(ii) When the victim is subjected to inhuman acts of torture or cruelty in order to bring about his or her death.
(iii) When the body of the victim is cut into pieces or his body is dismembered in a fiendish manner.
II. Motive for commission of murder: When the murder is committed for a motive which evinces total depravity and meanness. for instance when (a) a hired assassin commits murder for the sake of money or reward; (b) a coldblooded 158 (Lumbini Park) murder is committed with a deliberate design in order to inherit property or to gain control over property of a ward or a person under the control of the murderer or visavis whom the murderer is in a dominating position or in a position of trust; (c) a murder is committed in the course for betrayal of the motherland.
III. Antisocial or socially abhorrent nature of the crime. (a) When murder of a member of a Scheduled Caste or minority community etc., is committed not for personal reasons but in circumstances which arouse social wrath. For instance when such a crime is committed in order to terrorize such persons and frighten them into fleeing from a place or in order to deprive them of, or make them surrender, lands or benefits conferred on them with a view to reverse past injustices and in order to restore the social balance.
(b) In cases of 'bride burning' and what are known as 'dowrydeaths' or when murder is committed in order to remarry for the sake of extracting dowry once again or to marry another woman on account of infatuation.
IV.Magnitude of crime: When the crime is enormous in proportion. For instance when multiple murders say of all or almost all the members of a family or a large number of persons of a particular caste, community, or locality, are committed.
V.Personality of victim of murder: When the victim of murder is (a) an innocent child who could not have or has not provided even an excuse, much less a provocation, for murder. (b) a helpless woman or a person rendered helpless by old age or infirmity. (c) when the victim is a person visavis whom the murderer is in a position of domination or trust, (d) when the victim is a public figure generally loved and respected by the community for the services rendered by him and the murder is committed for political or similar reasons other than personal reasons.
159 (Lumbini Park)
18.In the present case on hand also the crime is committed in an extremely brutal, grotesque, diabolical, revolting, or dastardly manner so as to arouse intense and extreme indignation of the community. There is motive to the accused persons to commit this crime under the guise of taking revenge for the
Mecca Masjid blasts and the said crime is antisocially abhorrent nature and the crime is enormous in proportion causing multiple murders of 43 persons and and injures to several persons and all the victims are innocent they have never might have seen these accused persons and there was no provocation for commission of this crime. Therefore the above decision is applicable to this case.
19.Hon'ble Supreme Court in Ankush Maruti Shinde Vs. State of
Maharashtra reported at AIR 2009 2609, para14 observed that "The law regulates a social interests, arbitrates conflicting claims and demands. Security of persons and property of the people is an essential function of the State. It could be achieved through instrumentality of criminal law. Undoubtedly, there is a cross cultural conflict where living law must find answer to the new challenges and the courts are required to mould the sentencing system to meet the challenges. The contagion of lawlessness would undermine social order and lay it in ruins.
Protection of society and stamping out criminal proclivity must be the object of law which must be achieved by imposing appropriate sentence. Therefore, law as a cornerstone of the edifice of "order" should meet the challenges confronting the society. Friedman in his "Law in Changing Society" stated that, "State of criminal law continues to be as it should be a decisive reflection of social consciousness of society". Therefore, in operating the sentencing system, law should adopt the corrective machinery or the deterrence based on factual matrix. By deft modulation sentencing process be stern where it should be, and tempered with mercy where it warrants to be. The facts and given circumstances in each case,
the nature of the crime, the manner in which it was planned and committed,
160 (Lumbini Park)
the motive for commission of the crime, the conduct of the accused, the
nature of weapons used and all other attending circumstances are relevant
facts which would enter into the area of consideration. For instance a
murder committed due to deepseated mutual and personal rivalry may not
call for penalty of death. But an organised crime or mass murders of
innocent people would call for imposition of death sentence as deterrence.
In the present case on hand also the crime is a preplanned with motive and in so far as conduct of the accused is concerned, and the place of offence where they chose is a densely populated place attracting attention of the people countrywide.
The accused used metallic balls in the IED (time bomb) preparation and choosing of the said mettalic balls was that the each metallic ball would splinter like bullets from machine gun and those balls went into the bodies of innocent persons at different parts of their bodies, aggravating the damage to body. The selection of metallic balls by the accused while exploding explosive would go to show that they had evil intention of kill innocent persons without their sin and the ultimately their aim was to murder more number of innocent persons and cause huge loss to the property and persons. Therefore, sentence of extreme penalty of death is warranted.
20.In Mahesh v. State of M.P. (1987) 2 SCR 710, this Court while refusing to reduce the death sentence observed thus :AIR 1987 SC 1346, Para 6 "It will be a mockery of justice to permit the accused to escape the extreme penalty of law when faced with such evidence and such cruel acts. To give the lesser
punishment for the accused would be to render the justicing system of the
country suspect. The common man will lose faith in courts. In such cases, he
understands and appreciates the language of deterrence more than the
reformative jargon." In addition to this, one may also take note of observations of Apex Court in the matter of Dhananjay Chatterjee @ Dhana Vs. State of W.B.
161 (Lumbini Park) reported at 1994 (2) S.C.Cases 626, para15: “15. In our opinion, the measure of punishment in a given case must depend upon the atrocity of the crime; the conduct of the criminal and the defenceless and unprotected state of the victim.
Imposition of appropriate punishment is the manner in which the courts respond to the society's cry for justice against the criminals. Justice demands that courts should impose punishment fitting to the crime so that the courts reflect public abhorrence of the crime. The courts must not only keep in view the rights of the criminal but also the rights of the victim of crime and the society at large while considering imposition of appropriate punishment.” (Emphasis supplied). In the present case on hand also in the interest of justice from the angle of the society death punishment is inevitable.
21.It was held by Hon'ble Supreme Court of India in Gurvail Singh @
Gala And Anr vs State Of Punjab on 7 February, 2013 that “To award death
sentence, the aggravating circumstances (crime test) have to be fully
satisfied and there should be no mitigating circumstance (criminal test)
favouring the accused. Even if both the tests are satisfied as against the
accused, even then the Court has to finally apply the Rarest of Rare Cases
test (RR Test), which depends on the perception of the society and not
judgecentric, that is whether the society will approve the awarding of death
sentence to certain types of crime or not. While applying this test, the Court
has to look into variety of factors like society's abhorrence, extreme
indignation and antipathy to certain types of crimes like rape and murder of minor girls, especially intellectually challenged minor girls, minor girls with physical disability, old and infirm women with those disabilities etc. examples are only illustrative and not exhaustive. Courts award death sentence, because situation demands, due to constitutional compulsion, reflected by the will of the people, and not Judge centric. ” In the present case on hand also there are several 162 (Lumbini Park) aggravating circumstances to cause death penality and the mitigating circumstance is the age of the accused which does not overcome the aggravating circumstances.
22.Hon'ble Supreme Court of India held in Sangeet & Anr vs State Of
Haryana on 20 November, 2012 that 22. The Constitution Bench observed that under the old Code, both the sentence of death and the sentence of imprisonment for life provided under Section 302 of the IPC could be imposed after weighing the aggravating and mitigating circumstances of the particular case. However, in view of Section 354(3) of the Cr.P.C. a punishment of imprisonment for life should normally be imposed under Section 302 of the IPC but a sentence of death could be imposed as an exception. Additionally, as per the legislative requirement if a sentence of death is to be awarded, special reasons need to be recorded. In a sense, the legislative policy now virtually obviated the necessity of balancing the aggravating and mitigating circumstances of the crime for the award of punishment in respect of an offence of murder (although aggravating and mitigating circumstances are repeatedly referred to in the judgment, including as relevant circumstances that must be given great weight). Therefore, the
Constitution Bench (after a discussion in paragraphs 161 and 162 of the Report) adjusted and attuned proposition (iv)(a) by deleting the reference to balancing all the aggravating and mitigating circumstances of the crime to read as follows: (a)
The normal rule is that the offence of murder shall be punished with the
sentence of life imprisonment. The court can depart from that rule and
impose the sentence of death only if there are special reasons for doing so.
Such reasons must be recorded in writing before imposing the death
sentence. In the present case on hand also after balancing the aggravating and mitigating circumstances no prudent person will impose a lesser punishment of life imprisonment because of life imprisonment is foreclosed.
163 (Lumbini Park)
23.Hon'ble Supreme Court of India in Om Prakash vs State Of Haryana on 22 February, 1999 held that “Hence it is settled law that sentence of death should be reserved for rarest of the rare cases where sentence of imprisonment of life would be inadequate. In each case for finding out whether it is rarest of the rare cases, the Court has to balance the aggravating and mitigating circumstances.
From the evidence on record, it is apparent that the accused had committed
gruesome murders of innocent persons. There is no doubt that it is pre
meditated and in a well thought out manner. In the present cases on hand also the twin blasts committed by the accused is a premeditated and well thought manner. If IED bomb placed at Dilsukhnagar was exploded, more number of deaths would have caused.
24.Hon'ble Supreme Court of India in Mohan & Ors vs State Of Tamil
Nadu on 12 May, 1998 held that “In Bachan Singh etc. etc. vs. State of Punjab etc.
etc. (1980) 2 SCC 684, the Constitution Bench while upholding the constitutional validity of imposition of death penalty for murder came to hold that it is not possible to lay down standards and norms for imposition of death penalty as the degree of culpability cannot be measured in each case; and secondly, criminal cases cannot be categorised, there being infinite unpredictable and unforeseeable variations, and thirdly, on such categorisation, the sentencing process will cease to be judicial; and fourthly, such standardisation or sentencing discretion is a policy matter belonging to the legislature beyond the court's function. Yet what could be reasonably culled out to be guidelines from the aforesaid decision:
(i) The extreme penalty of death need not be inflicted except in gravest cases of extreme culpability.
(ii) Before opting for the death penalty the circumstances of the `offender'
also require to be taken into consideration along with the circumstances of
the `crime'.
164 (Lumbini Park)
(iii) Life imprisonment is the rule and death sentence is an exception. Death sentence must be imposed only when life imprisonment appears to be an altogether inadequate punishment having regard to the relevant circumstances of the crime, and provided, and only provided, the option to impose sentence of imprisonment for life cannot be conscientiously exercised having regard to the nature and circumstances of the crime and all the relevant circumstances.
(iv) A balancesheet of aggravating and mitigating circumstances has to be drawn up and in doing so the mitigating circumstances have to be accorded full weightage and a just balance has to be struck between the aggravating and the mitigating circumstances before the option is exercised. In Machhi Singh and others vs. State of Punjab (1983) 3 Supreme Court Cases 470, three learned
judges of this Court came to hold that the observation of the Constitution Bench
in Bachan Singh's case (supra) that the death sentence should be given in rarest of rare cases has to be examined in the facts of the individual case in the context of relevant guidelines. Their Lordships indicated that when the murder is
committed in an extremely brutal, grotesque, diabolical, revolting, or
dastardly manner so as to arouse intense and extreme indignation of the
community it would be a rarest of rare cases. This case also comes under gravest cases of extreme culpability.
25.Nobody on this Earth is above the rule of Law and nobody has right to take away the life of another human being because he cannot create the same person as easily as destroyed. The principle of India is “live and let live” which is contrary to the principle of terrorism. Therefore such offences have to be punished with extreme penalty.
26.In the present case only mitigating circumstance is age of the accused. But the only one mitigating circumstance cannot weigh against numerous aggravating circumstances. It hardly can tilt the balance in favour of 165 (Lumbini Park) the accused. The crimes committed by the accused are barbaric or inhuman, diabolic and in my view the accused have shown extreme depravity while committing the twin blasts. The court has already given a finding that the offences have been committed with common intention and conspiracy, that too after conducting recce. In so far as the argument of the defence counsel that the accused No.1, is concerned, when the accused are acquitted under Section 20 of the Unlawful Activites (prevention) Act, the accused can be taken lenient view because they are not terrorists nor belong to any terrorist outfit. It is true that the accused are acquitted under Section 20 of the unlawful Activities (Prevention)
Act, but it is not because they do not belong to any terrorist gang the offence on which date was committed, Indian Mujahidden was not declared as banned organised terrorist outfit. Even otherwise, the acts of the accused constitute terrorist act because it called several persons.
27.Moreover the accused have similar mindset with that of other absconding accused. The modus operandi of the accused would disclose that they were well trained for waging war against this Country. In this case the accused did not act on provocation and nor did they act in spur of the moment but meticulously executed a deliberately planned crimes in spite of understanding the probable consequence of their act, the death sentence shall be the most appropriate punishment. This Court also considered the preplanned and barbaric nature of the crime, the diabolical manner in which it was committed and the extreme brutality involved as aggravating circumstances against the accused. I am of the sincere opinion that only the maximum punishment will send the right message to society and also to likeminded persons. To show leniency or mercy in a case of such henious crime and upon the accused, who have shown no repentance or remorse after exhibiting extreme depraved mentality. Therefore 166 (Lumbini Park) this Court has to award death penalty to the accused as they do no deserve any sympathy for the offences U/Sec.120B r/w.302, 302 of Indian Penal Code and
U/Sec.3 (b) of Explosive Substances Act, Under Section 16 of Unlawful Activities (Prevention) Act, 1967 as this case comes within the ambit of rarest of rare cases and the alternative option for life imprisonment is unquestionably foreclosed.
28.In so far as the disposal of the property under section 452 Cr.P.C is concerned, the case against the absconding accused is still pending, hence all the material objects shall be preserved.
:: SENTENCE ORDER ::
29.The Accused No.1 Anik Shafique Sayeed @ Anique @ Khaled @
Ashfaq, S/o. Shafique Sayeed, is sentenced to Death and further sentenced to pay fine of Rs.10,000/ in default to suffer Simple Imprisonment for one month for the offence punishable U/Sec.120B r/w.302 Indian Penal Code. He shall be hanged by neck till he is dead.
He is further sentenced to Death and further sentenced to pay fine of
Rs.10,000/ in default to suffer Simple Imprisonment for one month for the offence punishable U/Sec.302 Indian Penal Code. He shall be hanged by neck till he is dead
He is further sentenced to undergo Imprisonment for Life and further sentenced to pay fine of Rs.10,000/ in default to suffer SI for one month for the offence punishable U/Sec.121A of Indian Penal Code.
He is further sentenced to undergo Imprisonment for Life and further sentenced to pay fine of Rs.10,000/ id SI for one month for for the offence punishable U/Sec.307Indian Penal Code .
He is further sentenced to undergo Imprisonment for Life and further 167 (Lumbini Park) sentenced to pay fine of Rs.10,000/ in default to suffer SI for one month for the offence punishable U/Sec.436 Indian Penal Code.
He is further sentenced to undergo Rigorous Imprisonment for three years and further sentenced to pay fine of Rs.10,000/ in default to suffer SI for one month for the offence punishable U/Sec.153A Indian Penal Code.
He is further sentenced to Death and further sentenced to pay fine of
Rs.10,000/ in default to suffer Simple Imprisonment for one month for the offence punishable U/Sec.3 (b) of Explosive Substances Act. He shall be hanged by neck till he is dead.
He is further sentenced to undergo Imprisonment for Life and further sentenced to pay fine of Rs.10,000/ in default to suffer SI for one month for the offence punishable U/Sec.5 of Explosive Substances Act.
He is further sentenced to undergo Rigorous Imprisonment for seven years and further sentenced to pay fine of Rs.10,000/ in default to suffer SI for one month for the offence punishable under Section 13 (1)(a)(b) of the Unlawful
Activities (Prevention) Act.
He is further sentenced to undergo Death and further sentenced to pay fine of Rs.10,000/ I/d SI for one month for the offence punishable U/Sec.16 of
Unlawful Activities (Prevention) Act, 1967 He shall be hanged by neck till he is dead.
He is further sentenced to undergo Imprisonment for life and further sentenced to pay fine of Rs.10,000/ I/d SI for one month for the offence punishable U/Sec.18 of Unlawful Activities (Prevention) Act, 1967.
He is further sentenced to undergo Rigorous Imprisonment for 2 years and further sentenced to pay fine of Rs.10,000/ in default SI for one month for the offence punishable U/Sec.4 of Public Property Damages Act r/w.34 of Indian 168 (Lumbini Park)
Penal Code.
30. A2 Mohd. Akabar Ismail Chowdhari @ Sayeed @ Vinod Patil, is sentenced to Death and further sentenced to pay fine of Rs.10,000/ in default to suffer Simple Imprisonment for one month for the offence punishable
U/Sec.120B r/w.302 r/w 34 Indian Penal Code. He shall be hanged by neck till he is dead.
He is further sentenced to Death and further sentenced to pay fine of
Rs.10,000/ in default to suffer Simple Imprisonment for one month for the offence punishable U/Sec.302 r/w 34 and 120B Indian Penal Code. He shall be hanged by neck till he is dead
He is further sentenced to undergo Imprisonment for Life and further sentenced to pay fine of Rs.10,000/ in default to suffer SI for one month for the offence punishable U/Sec.121A r/w 34 and 120B IPC of Indian Penal Code.
He is further sentenced to undergo Imprisonment for Life and further sentenced to pay fine of Rs.10,000/ id SI for one month for for the offence punishable U/Sec.307 r/w 34 and 120B Indian Penal Code .
He is further sentenced to undergo Imprisonment for Life and further sentenced to pay fine of Rs.10,000/ in default to suffer SI for one month for the offence punishable U/Sec.436 r/w 34 and 120B Indian Penal Code.
He is further sentenced to undergo Rigorous Imprisonment for three years and further sentenced to pay fine of Rs.10,000/ in default to suffer SI for one month for the offence punishable U/Sec.153A r/w 34 and 120B Indian Penal
Code.
He is further sentenced to Death and further sentenced to pay fine of
Rs.10,000/ in default to suffer Simple Imprisonment for one month for the offence punishable U/Sec.3 (b) of Explosive Substances Act r/w 34 and 120B 169 (Lumbini Park)
IPC. He shall be hanged by neck till he is dead punishable
He is further sentenced to undergo Imprisonment for Life and further sentenced to pay fine of Rs.10,000/ in default to suffer SI for one month for the offence punishable U/Sec.5 of Explosive Substances Act r/w 34 and 120B IPC.
He is further sentenced to undergo Rigorous Imprisonment for seven years and further sentenced to pay fine of Rs.10,000/ in default to suffer SI for one month for the offence punishable under Section 13 (1)(a)(b) of the Unlawful
Activities (Prevention) Act r/w 34 and 120B IPC.
He is further sentenced to undergo Death and further sentenced to pay fine of Rs.10,000/ I/d SI for one month for the offence punishable U/Sec.16 of
Unlawful Activities (Prevention) Act, 1967 r/w 34 and 120B IPC. He shall be hanged by neck till he is dead.
He is further sentenced to undergo Imprisonment for life and further sentenced to pay fine of Rs.10,000/ I/d SI for one month for the offence punishable U/Sec.18 of Unlawful Activities (Prevention) Act, 1967 r/w 34 and 120B IPC.
He is further sentenced to undergo Rigorous Imprisonment for 2 years and further sentenced to pay fine of Rs.10,000/ IDSI for one month for the offence punishable U/Sec.4 of Public Property Damages Act r/w 34 and 120B IPC.
All the sentences viz., in SC No.1/2011, 2/2011 and SC 3/2011 shall run concurrently.
VICTIM COMPENSATION
34.It is brought to my notice that the injured persons did not receive sufficient compensation from the Government, hence sufficient compensation may be granted for them.
170 (Lumbini Park)
35.In this case there are 21 victims out of which 17 are victims who sustained grevious injuries are entitled for compensation from District Legal
Services Authority. Therefore, the Metropolitan Legal Services Authority is requested to decide the quantum of compensation to be awarded under the scheme referred to in SubSection 1 of section 357A of Cr.P.C. The fine amount paid by the accused also can be utilized for compensation of the victims. The list of victims of greviously injured who are entitled for compensation from District
Legal Services Authority is given below:
S.No.Name of the injuredNature of Injury Place of injury
1.Vikram Singh ChowanGrievous Lazerium, Lumbini Park,Hyd.
2.Anirudh KumarGrievousLazerium, Lumbini Park,Hyd.
3.P.M. ArunGrievousLazerium, Lumbini Park,Hyd.
4.Ashwin KumarsimpleLazerium, Lumbini Park,Hyd.
5.Swapnil RamachandraGrievousLazerium, Lumbini Park,Hyd. Gadekar
6.Mukund M. MarataGrievousLazerium, Lumbini Park,Hyd.
7.ChiragPradeepGrievousLazerium, Lumbini Park,Hyd. Deshmuk
8.Krishna Nandan SinghGrievousLazerium, Lumbini Park,Hyd.
9.Miss MayurisimpleLazerium, Lumbini Park,Hyd.
10.Sumit DasGrievousLazerium, Lumbini Park,Hyd.
11.Alk RanjanGrievousLazerium, Lumbini Park,Hyd.
12.Anurag KumarGrievousLazerium, Lumbini Park,Hyd.
13.Gotta Shiva Shiva NataGrievousLazerium, Lumbini Park,Hyd. Sekhar
14.J.K. ChowdaryGrievousLazerium, Lumbini Park,Hyd.
15.P.K. ShuklaSimple Lazerium, Lumbini Park,Hyd.
16.G.S. SagarGrievousLazerium, Lumbini Park,Hyd.
171 (Lumbini Park)
17.Dr.K.V. SrikanthGrievousLazerium, Lumbini Park,Hyd.
18.BalakrishnaGrievousLazerium, Lumbini Park,Hyd.
19,.Md. Riyaz KhanGrievousLazerium, Lumbini Park,Hyd.
20.M.P.MathurGrievousLazerium, Lumbini Park,Hyd. Peedikauyil Mani
21.M.L. Khan Simple Lazerium, Lumbini Park,Hyd.
36.Out of the fine amount, Rs.1,00,000/ shall be given to the
Laserium, Lumbini Park, Hyderabad towards compensation for damage of the property U/Sec.357 (1) Cr.P.C The rest of the amount shall be sent to the fund of the District Legal Services Authority after appeal time is over.
37.The proceedings shall be submitted to the Hon'ble High Court and sentence of death shall not be executed until it is confirmed by the Hon'ble High
Court.
38.A copy of the Judgment and sentence order shall be given to accused no.1 & 2 free of cost.
39.While concluding the judgment, it is the duty of this Court to mark and record the appreciatgion for the valuable assitance rendered by Sri Sesha
Reddy Challa, Sri K. Surender, learned Special Public Prosecutors, and the learned counsel for the accused Sri Guru Murthy, Sri D. Raji Reddy Advocate, Sri
M.A. Azeem and Sri Shaik Saifullah, Advocates and the concerned Police viz.,Sri J.
Sukhdev Singh, Inspector, Sri Panduranga Rao, SubInspector, Sri Surender
Reddy, Sri Shiva Prasad, Srikanth and their team, Jail Superintendent
Cherlapally, in conducting the proceedings smoothly. Further it is the duty of 172 (Lumbini Park) this Court to mark and record the valuable services rendered by my staff Sri R.
Chandra Sekhar, Stenographer – Grade I, Smt. Naga Susheeala, Stenographer
Gr.1, Smt. Ch. Kavitha, Bench Clerk, Sri.B. Rathan Kumar, Typist, and the entire team of the office, and other staff members of the Court for conducting the proceedings and pronouncing the judgment. It must also appreciate the wholehearted support of the stafft by not availing even their casual leaves and by remaining present even on holidays. Right to appeal is informed to accused for which they stated to have means to engage counsel to prefer appeal.
Directly typed to my dictation by Stenographer – Gr.1, corrected and
pronounced by me in the open court on this the 10th day of September, 2018.
FAC. II Addl Metropolitan Sessions Judge at Hyderabad for trial of Cases filed Counter Terrorist Operations (OCTOPUS P.S.)
APPENDIX OF EVIDENCE
For Prosecution
PW.1K. Shashank Reddy (LW.1), Complainant;
PW.2P. K. Shukla (LW.3), Injured;
PW.3K.K. Soni (LW.4), Circumstantial witness;
PW.4C.K Namdev (LW.5), Circumstantial witness;
PW.5Karunesh Kumar (LW.8), Circumstantial witness;
PW.6Aryak Goutham (LW.9), Circumstantial witness/Injured;
PW.7J.V Sridhar (LW.12), Circumstantial witness;
PW.8K. Kalyan (LW.11), Circumstantial witness;
PW.9Dr. Rajaram Mohan Rao (LW.10), Circumstantial witness;
PW.10Haji Barkathullah Khan (LW.7), Circumstantial witness;
PW.11Mohd Musthaq Khan (LW.6), Witness for inquest; 173 (Lumbini Park)
PW.12Vikranth Singh Chowhan (LW.13), Circumstantial witness
PW.13Krishna Nandan Singh (LW.14), Circumstantial witness
PW.14Ashwin Kumar (LW.16), Circumstantial witness
PW.15Mohd Riyaz Khan (LW.39), Circumstantial witness
PW.16Bala Krishna (LW.38), Circumstantial witness
PW.17P.M. Arun (LW.17), Circumstantial witness
PW.18Anurag Kumar (LW.18), Circumstantial witness
PW.19Smt. Mayuri (LW.20), Circumstantial witness
PW.20Swapnil Ramachandra Gadekar (LW.19), Circumstantial witness
PW.21Sumit Das (LW.21), Circumstantial witness
PW.22Alok Ranjan (LW.22), Circumstantial witness
PW.23Sharalhpedi Shilaja Velayudhan (LW.24), Circumstantial witness
PW.24M.P. Mathur Peedikayil Mani (LW.25), Circumstantial witness
PW.25Mohd Saleem (LW.54), Circumstantial witness
PW.26Mohd Jaffar (LW.30), Circumstantial witness
PW.27K. Laxmi Narayana (LW.33), Circumstantial witness
PW.28Gouthi Laxminarayana (LW.31), Circumstantial witness
PW.29Alavala Satyam (LW.32), Circumstantial witness
PW.30 R.B. Sonavane (LW.100), Circumstantial witness
PW.31V.R. Marathe (LW.101), Circumstantial witness
PW.32Adil Rassawala (LW.106), Circumstantial witness
PW.33Vasanth Bhai (LW.108), Panch witness;
PW.34Dr.R.B. Chauhan (LW.125), Medical Officer;
PW.35Dr.G.Sada Shivudu (LW.102), Panch Witness;
PW.36J.K. Chowdary (LW.2), Circumstantial witness/Injured;
PW.37Babulal (LW.34), Circumstantial witness;
PW.38M.I Khan (LW.41), Circumstantial witness/Injured;
PW.39
PW.40
PW.41
PW.42
PW.43Dr.K.V. Srikanth (LW.37), Circumstantial witness;
PW.44Golla Shiva Nata Sekhar (LW.37), Circumstantial witness/Injured;
PW.45G.S. Sagar (LW.36), Circumstantial witness/Injured;
PW.46Shruthi Ambade Dinakar (LW.49), Circumstantial witness; 174 (Lumbini Park)
PW.47M. Krishna (LW.58), Circumstantial Witness;
PW.48
PW.49
PW.50
PW.51
PW.52
PW.53
PW.54Reza Nebatian (LW.78), Circumstantial witness;
PW.55Rajendra Kumar Sharma (LW.80), Circumstantial witness;
PW.56
PW.57Palanki Rama Chaitanya (LW.73), Circumstantial witness
PW.58
PW.59B. Chalapathi Rao (LW.96), Panch witness;
PW.60Mohd Ashwaq Hussain (LW.99), Panch witness;
PW.61Dr.K. Raj Kumar (LW.115), Treated the injured;
PW.62P. Veerappa(LW.142), Inspector, Issued FIR Cr.No.97/07 of PS CCS
PW.63Dr. Anand Kumar (LW.118), Treated the injured;
PW.64Dr. Rajeev K. Reddy (LW.121), Treated the injured;
PW.65Dr.K. Janardhan (LW.123), Medical Officer;
PW.66
PW.67Dr.W.Sandhya Manohar (LW.122), Medical Officer;
PW.68M.K. Parmar (LW.144), PSI, Conducted Inquest;
PW.69Mohd Rafi, Eye witness;
PW.70Anil Kumar, Panch witness;
PW.71P. Yadagiri, VRO, Panch witness;
PW.72
PW.73K. Ajith Simha Rao (LW.135), VII MM, Cyberabad, Conducted TIP;
PW.74T. Suresh (LW.126), Clues Team Officer, Assisted I.O;
PW.75P. Rajini (LW.131), Scientific Officer, FSL;
PW.76Md. Moinuddin Hasan Khan (LW.76), Asst. Director, FSL;
PW.77Bollam Shiva Kanya (LW.55), Circumstantial witness;
PW.78V. Muralidhar, Asst. Director, FSL;
PW.79Shaik Bahadur (LW.147), ACP, I.O in Cr.No.97/2007 of PS CCS;
PW.80Dr.T.J.C. Raj Kumar (LW.113), Medical Supdt, Treated the injured;
PW.81B. Wilson (LW.148), ACP, I.O in Cr.No.97/2007 of PS CCS; 175 (Lumbini Park)
PW.82S. Ramachandra Reddy (LW.136), Issued FIR in Cr.No.582/07 of PS
Saifabad;
PW.83Dr.G.V. Jagadamba (LW.130), Asst. Director, FSL;
PW.84Madhukar Swamy (LW.143), Inspector of Police, Conducted Inquest;
PW.85S. John Wesley (LW.156), Inspector of Police, Assisted I.O;
PW.86Navin Mittal, IAS, Issued Sanction orders;
PW.87K.P. Laxmi Narsamamba, Section Officer, Secretariat;
PW.88V.N.V.Satyanarayana (LW.159), Dy.S.P, I.O & filed charge sheet;
PW.89A. Bhanu Murthy (LW.127), Inspector of Police, Defused electric detonators;
PW.90K.V. Ram Narsimha Reddy (LW.137), I.O & recorded statements;
PW.91Ch. Appa Rao, Bomb Detection Technician;
PW.92U. Ram Mohan (LW.129), Explosive Expert, FSL;
PW.93M. Dayananda Reddy (LW.158), Inspector of Police, Assisted I.O;
For Defence: Nil.
EXHIBITS MARKED FOR PROSECUTION:
Ex.P.1Statement of PW.1;
Ex.P.2Inquest panchanama of D7;
Ex.P.3Inquest Panchanama of D10;
Ex.P.4Inquest Panchanama of D9;
Ex.P.5 Inquest panchanama of D2;
Ex.P.6Inquest panchanama of D11;
Ex.P.7Inquest panchanama of D12;
Ex.P.8Translation of Ex.P.7 Panchanama;
Ex.P.9PME report of D12;
Ex.P.10Inquest panchanama of D8;
Ex.P.11 to Photographs of M.Os 1 to 11; Ex.P.26
Ex.P.27Signature on the copy of TIP Statement of PW.40;
Ex.P.28Signature on the copy of TIP Statement of PW.41;
Ex.P.29Copy of identity card in the name of Vinod Patil;
Ex.P.30Original rental deed;
Ex.P.31Copy of original fee receipt of Dhoom technologies in the name of 176 (Lumbini Park)
Vinod Patil;
Ex.P.32Copy of cable connection card;
Ex.P.33Xerox copy of Note Book;
Ex.P.34Copy of signature on seizure panchanama at Venkateshwara Cables;
Ex.P.35Seizure panchanama at Azizia Lodge;
Ex.P.36Copy of Register of Azizia lodge;
Ex.P.37Copy of enquiry form booklet;
Ex.P.37(a) Copy of enquiry form Sl. No.264;
Ex.P.37(b) Copy of enquiry form Sl. No.265;
Ex.P.38Copy of fee receipt book;
Ex.P.38(a) Copy of fee receipt Sl. No. 186;
Ex.P.38(b) Copy of fee receipt Sl. No. 187;
Ex.P.39Copy of fee receipt in the name of Satish Gaikwad;
Ex.P.40Copy of identity card issued in the name of Satish Gaikwad;
Ex.P.41Seizure panchanama at Dhoom Technologies;
Ex.P.42Seizure panchanama at Banjara Nilayam, Habsiguda;
Ex.P.43Seizure panchanama of rental deed;
Ex.P.44Signature on TIP statement of PW.44 recorded by the Magistrate;
Ex.P.45Xerox copy of Agreement of leave and license;
Ex.P.46Signature on TIP statement of PW.56 recorded by the Magistrate;
Ex.P.47Admissible portion in confessional statement of A1;
Ex.P.48Admissible portion in confessional statement of A2;
Ex.P.49Seizure panchanama at the instance of A1 at Banjara Nilayam;
Ex.P.50Seizure panchanama at the instance of A2 at Banjara Nilayam;
Ex.P.51Seizure panchanama at Venkateshwara Cables;
Ex.P.52Inquest Panchanama of D3;
Ex.P.53Inquest Panchanama of D1;
Ex.P.54Inquest Panchanama of D5;
Ex.P.55Inquest Panchanama of D4;
Ex.P.56Inquest Panchanama of D6;
Ex.P.57Medical certificate of PW.21;
Ex.P.58Medical certificate of LW.38 P.Bala Krishna;
Ex.P.59Medical certificate of LW.39 Mohd Riyaz Khan;
Ex.P.60FIR in Cr.No.97/2007 of PS.CCS;
Ex.P.61Medical Certificate of PW.44; 177 (Lumbini Park)
Ex.P.62Medical certificate of Mani;
Ex.P.63Attested copy of Case sheet;
Ex.P.64PME report of D8;
Ex.P.65PME report and requisition of D1;
Ex.P.66PME report and requisition of D2;
Ex.P.67PME report and requisition of D3;
Ex.P.68PME report and requisition of D4;
Ex.P.69PME report and requisition of D5;
Ex.P.70PME report and requisition of D6;
Ex.P.71PME report and requisition of D7;
Ex.P.72PME report and requisition of D9;
Ex.P.73PME report and requisition of D10;
Ex.P.74PME report and requisition of D11;
Ex.P.75Attested copy of requisition to doctor for PME of Yash;
Ex.P.76Translated copy of Ex.P75;
Ex.P.77Police report for PME in Gujarati Language;
Ex.P.78Translated copy of Ex.P77;
Ex.P.79PSO report from Gandhigram PS regarding death of Yash;
Ex.P.80Translation copy of Ex.P79;
Ex.P.81Photo copy of seizure panchanama at Banjara Nilayam= Ex.P.49 original;
Ex.P.82Relevant portion of confessional statement of A1 (original misplaced);
Ex.P.83Relevant portion of confessional statement of A2 (original misplaced);
Ex.P.84Proceedings of TIP of A1;
Ex.P.85Proceedings pertaining to identification of suspect;
Ex.P.86Statement of A1 recorded by learned Magistrate before conducting
TIP;
Ex.P.87Bunch of 54 photographs of Lumbini Park;
Ex.P.88FSL report;
Ex.P.89Xerox copy of Round stamp impression S1 on a paper;
Ex.P.90Xerox copy of Round stamp impressions S2 & S3 on a paper;
Ex.P.91FSL Report;
Ex.P.92Original specimen writings and signatures (35) sheets of A1;
Ex.P.93FSL report;
Ex.P.94Xerox copy of Forwarding letter to FSL; 178 (Lumbini Park)
Ex.P.95Accident report
Ex.P.96Medical certificate of PW.12;
Ex.P.97Medical certificate of PW.13;
Ex.P.98Medical certificate of PW.14;
Ex.P.99Medical certificate of PW.17;
Ex.P.100Medical certificate of PW.18;
Ex.P.101Medical certificate of PW.45;
Ex.P.102Medical certificate of PW.20;
Ex.P.103Medical certificate of PW.19;
Ex.P.104Medical certificate of PW.22;
Ex.P.105Injury certificate of LW.15 Anirudh Kumar;
Ex.P.106Injury certificate of PW.31;
Ex.P.107Injury certificate of LW.44 Chirag Pradeep Deshmukh;
Ex.P.108Memo for adding section of law;
Ex.P.109Attested copy of letter addressed to CP;
Ex.P.110FIR in Cr.No.582/2007 of PS Saifabad;
Ex.P.111Scene of offence observation cum seizure panchanama;
Ex.P.112Sanction order issued by PW.86;
Ex.P.113Sanction order issued by G. Srinivas;
Ex.P.114FIR in Cr.No.1/2008;
Ex.P.115Order of Mumbai Special Court, dt. 20022009;
Ex.P.116Statement of PW.66 U/Sec. 164 Cr.P.C;
Ex.P.117Proceedings and Opinion issued by PW.89;
Ex.P.118Orders of MCOCA court dt.24.03.2009;
Ex.P.119Copy of Orders of I ACMM Court, dtd. 09032009;
Ex.P.120Copy of certificate issued by PW.91 (original marked in SC 1/11);
Ex.P.121Opinion and report issued by PW.76 (original marked in SC 1/11);
Ex.P.121APart of opinion in Ex.P121 (original marked in SC 1/11);
Ex.P.122Opinion and report issued by PW.91 (original marked in SC 2/11);
Ex.P.122APart of opinion in Ex.P122 (original marked in SC 2/11);
Ex.P.123Sanction order issued by Gowtham Kumar, principal Secretary;
EXHIBITS MARKED FOR DEFENCE:
Ex.D.1Relevant portion of Sec. 161 CrPC statement of PW.39; 179 (Lumbini Park)
Ex.D.2Dhoom Technologies Enquiry Form Sl. No. 263;
Ex.D.3Annapurna Block a board is fixed by showing the shops in different flats;
Ex.D.4Owners name plate;
Ex.D.5present security system at Lumbini Park;
Ex.D.6Photographs;
Ex.D.73 photographs;
Ex.D.84 photographs;
Ex.D.9Photograph:
Ex.D.102 photographs;
Ex.D.11Sketch map of the present laser show;
MATERIAL OBJECTS:
MO.1Underwear;
MO.2White Shirt;
MO.3Pant;
MO.4Shirt;
MO.5Pant;
MO.6Dark Colour Shirt;
MO.7Purple colour pant;
MO.8Black colour T Shirt;
MO.9Grey colour pant;
MO.10Pant;
MO.11Shirt;
MO.12Belt;
MO.13Jeans pant;
MO.14Shirt;
MO.15Pant;
MO.16Shirt;
MO.17Baniyan;
MO.18Underwear;
MO.19Baniyan;
MO.20Underwear;
MO.21Pieces of Fibre Chair;
MO.22Metalic balls;
MO.23Pieces of 9 volts battery; 180 (Lumbini Park)
MO.24Pieces of Black Bag;
MO.25Melted plastic pieces;
MO.26Metal balls (7a to 7g, seven items);
MO.27black colour T shirt;
MO.28Black colour pant;
MO.29white colour cut baniyan;
MO.30Musted colour cut drawer;
FAC. II Addl Metropolitan Sessions Judge at Hyderabad for trial of Cases filed Counter Terrorist Operations (OCTOPUS P.S.)
Note: As per orders in Crl.MP.No.381/2018, dt.10.09.2018, the names of
PW.s 39 to 42, PW.s 48 to 53, PW.56, PW.58, PW.66 & PW.72 are hidden.
1 SC 1/2011 (Dilsukhnagar)
IN THE COURT OF THE II ADDITIONAL METROPOLITAN SESSIONS JUDGE,
AT HYDERABAD FOR TRIAL OF CASES FILED BY COUNTER TERRORIST
OPERATIONS (OCTOPUS P.S.) IN THE STATE
Present: Dr. T. SRINIVASA RAO,
FAC. II Addl Metropolitan Sessions Judge, at Hyderabad for trial of Cases filed by Counter Terrorist Operations (OCTOPUS P.S.) in the State. IV Additional Metropolitan Sessions Judge, Hyderabad Dated this the 4th day of September, 2018
SESSION CASE No.1 of 2011
Crime Number and Police Crime No. 2/2008 of Octopus P.S., Hyderabad.
Name and description of the accusedA1:Mohd. Akabar Ismail Chowdhari @ personSayeed @ Yakub @ Vinod Patil, S./o. Ismail Chowdhari, age 26 years, Occ: Mobile Repairer, r/o. Flat No.3, Manisha Complex, Meeta Nagar, Kondwa, Khurd, Pune, Maharashtra State.
A2: Anik Shafique Sayeed @ Anique @ Khaled @ Ashfaq, S/o. Shafique Sayeed, age 26 years, Occ: Acme Computers, Shop No.10, Mayfair Complex, Modi Khana, Camp Pune, R/o. II Floor, Jainab House, Bhagyodaya Nagar, Pune, Maharastra State.
A5: Farooq Sharfuddin Tarkash @ Abdullah, S/o. Sharfuddin Tarkash, age 26 years, Occ: Advertising, add agency “T” caption outdoor, Camp area, Pune, R/o. Survey No.52, Nehru Park, Baghyodaya Nagar, Kandwa, Pune, Maharastra State.
A6: Mohd. Sadiq Israr Ahmed, @ Yaseer @ Imran, S/o. Israr Ahmed, age 33 years, Occ: Desktop Engineer in CMS computers, Seepz. Andheri (east), Mumbai R/o. Flat No.C/I/ 19, Cheetah Camp, Trombay, Mumbai, Maharastra State. (This case is against A1, A2, A5 and A6 only).
( A3 Riyaz Bhatkal @ Roshan Khan @ Aziz @ Ahmed Bai S/o. Akrami Bhatkal, A4: Iqbal Bhatkal @ Mohammed Bhai, 2 SC 1/2011 (Dilsukhnagar)
A7: Amir Reza Kyhan @ Muttaki were shown as absconding)
Prosecution conducted by1. Sri. Shesha Reddy Challa
2. Sri. K. Surender
Accused defended by1. Sri. G. Gurumurthy, Advocate for A2
2. Sri. D. Raji Reddy, Advocate for A1
3. Sri. M.A. Azeem & Sri Saifullah, Advocates for A5 & A6 Offences chargedSections 120(B) r/w Sections 307, 121A and 153A of IPC, Sections 4 & 5 of Explosive Substances Act, 1908 and Sections 13(1)(a)
(b), 16(1)(b),18, 20 of Unlawful Activities (Prevention) Act, 1967 Plea of the accusedNot Guilty
Finding of the CourtA1 and A2 found guilty A5 and A6 found not guilty
RESULTIn the result, the Accused No.1 is found guilty for the offences punishable under Sections 120(B), 307, 121A and 153A of IPC, Sections 4 & 5 of Explosive Substances Act, 1908 and Sections 13(1)(a)(b), 16(1)(a)(b), and 18 of the Unlawful Activities (Prevention) Act, 1967, and accordingly he is convicted for the said offences under Section 235(2) Cr.P.C. A2 is found guilty for the offences punishable under Sections 120(B), 307 r/w 34, r/w 120B IPC, 121A r/w 34, r/w 120B IPC and 153A r/w 34, r/w 120B IPC of IPC, Sections 4 & 5 of Explosive Substances Act, 1908 r/w 34, r/w 120B IPC, and Sections 13(1)(a)(b) r/w 34, r/w 120B IPC, 16(1)(a) & (b) r/w 34, r/w 120B IPC, and 18 of the Unlawful Activities (Prevention) Act, 1967 r/w 34, r/w 120B IPC and accordingly he is convicted for the said offences under Section 235(2) Cr.P.C. However, A1 & A2 are found not guilty for the offence under Section 20 of the Unlawful Activities (Prevention) Act and they are acquitted under Section 235(1) CrP.C for the said offence. The accused No.5 & A6 are found not guilty for the offences punishable under Sections 120(B), 307, 121A and 153A of IPC, Sections 4 & 5 of Explosives Substances Act, 1908 and Sections 13(1)(a)(b), 16, 18 3 SC 1/2011 (Dilsukhnagar) and 20 of the Unlawful Activities (Prevention) Act, 1967 and accordingly A5 & A6 are acquitted for the said offences under Section 235(1) Cr.P.C. A5 & A6 shall be set at liberty if they are not required in any other case or cases.
FOR SENTENCE PART REFER TO
PAGE Nos. 151 to 154 OF THIS JUDGMENT
: J U D G M E N T :
1.The accused No.1, A2, A5 and A6 stand charged for the offence punishable under Sections 120(B) r/w Sections 302, 307, 436, 121A and 153A of IPC, Sections 3 & 5 of Explosive Substances Act, 1908 and Sections 13(1)(a)
(b), 16(1)(b),18,20 of Unlawful Activities (Prevention) Act, 1967 and Section 4 of Prevention of Damage to Public Property Act, 1984.
2.The brief facts of the case of the prosecution are that the Indian
Mujahidden terrorists, accused No.3 Riyaz Bhatkal @ Roshan Khan @ Aziz @
Ahmed Bhai, Accused No.4 Iqbal Bhatkal @ Mohammed Bhai, and Accused No.7
Amir Reza Khan who are presently absconding and wanted by Indian Police; provided leadership, direction and logistical support, entered into criminal conspiracy during the period from July, 2007 to August, 2007 at Pune, Hyderabad and other places, with the accused No.2 Anik Shafique Sayeed @ Anique @
Khaled @ Ashfaq, Accused No.1 Mohd. Akbar Ismail Chowdhari @ Sayeed @
Yakub @ Vinod Patil and Accused No.5 Farookh Sharfuddin Tarkash @ Abdullah,
Accused No.6 Mohd. Saidque Israr Ahmed Shaik @ Yasree @ Imran to wage war against State and create disharmony among the communities by carrying out series of bomb blasts in crowded places of Hyderabad such as at Gokul Chat
Bhandar, Koti, Hyderabad, 2) Lumbini Park, and attempted at 3) 4 SC 1/2011 (Dilsukhnagar)
Dilsukhnagar, Hyderabad in order to take revenge against Hindu community whom they suspected to be responsible for the blasts in Mecca Mosque that occurred during May,2007. In pursuance of their conspiracy the accused No.1 to 3 assembled improved explosive devices and the accused No.1 kept an
Improved Explosive Device, i.,e bomb in front of J.C. Brothers Shopping Mall located near Foot over bridge at Dilsukhnagar Hyderabad on 25.8.2007 at 7.30
P.M., but it did not explode due to its mechanical failure. A1 to A7 are the founder/members of the outfit Indian Mujahidden. A7 founded Indian
Mujahidden along with A3, A4 and A6, A.1, A2 and A.5 are close associates of
A3, A4 and A6 and therefore they are interested in each other. A3 is the kingpin for the bomb blasts that occurred in Hyderabad on 25.8.2007 at Lumbini Park,
Gokul Chat and the recovery of unexploded IED at Dilsukhnagar. The terror outfit by name “Indian Mujahidden” has come to light for the first time in
November, 2007 immediately after bomb blasts in the courts of Lucknow,
Faizabad and Varanasi in Uttar Pradesh. Through an email released to the media, they claimed responsibility for the blasts. In the same email they also claimed the responsibility for the Hyderabad Twin Blasts at Gokul Chat and
Lumbini Park of August,2007. The identity of the operatives of the Indian
Mujahidden (for the sake of brevity referred as “IM”) remained absolutely unknown till the day on which (19.9.2008) the Delhi Police had an exchange of fire with the IM operatives. The leads were further followed which resulted in the arrest of large number of operatives by Delhi and Mumbai police in various parts of the country. Their interrogation revealed the involvement of the IM in bomb blasts in the country from as early as February, 2005 including the twin blasts that occurred at Hyderabad on 25th of August, 2007. The accused No.3 and A4 clearly confessed about commission of the blasts in Hyderabad, namely Gokul Chat, 5 SC 1/2011 (Dilsukhnagar)
Lumbini Park, in the Emails released to press vide document No.110. Further the said emails disclosed insult and humiliation to the Hindu community arousing bitter feelings among Hindus. The Student Islamic Movement of India (SIMI) was established in 1977 in Aligarh and the objectives of SIMI were governing human life on the basis of quran, propagation of Islam, “Jehaad” (religious war) for the cause of Islam, destruction of Nationalism and establishment of Islamic rule or caliphate. The accused A3, A4 and A6 were active members of SIMI.
A7, A4 and A3 are the founder members of the IM which was built as an off shoot of LeT (LakshareToiba).
During the period from July, 2007 to August, 2007 at Pune, Hyderabad and other places, the accused entered into criminal conspiracy, agreeing to cause large scale murders of innocent people, setting fire to the furniture of Laserium theater by explosion of bombs and also conspiring to wage war against the state, abetting waging of war etc, promoting enmity between groups on the ground of religion prejudicial to maintenance of harmony, violating provisions of Prevention of Damage to Public Property Act, 1984 by using explosive substances, advocating or inciting the commission of any unlawful activity etc. In pursuance of the said conspiracy, the accused committed the following overt acts.
a)In July, 2007, A3, A4 called Accused No.1, A2, A5 to the flat of Dr.
Anwar Abdul Bagwan (who is accused No.21 in Crime No.152 of 2008 of DCB,
CID, Mumbai, MCOCA No.4/2009) at Kamal Deep Apartments, Pune, and told
A.1 and A.2 that they wanted to take revenge for Mecca Mosque blast of
Hyderabad on suspicion that it was the work of Hindu Terrorists. They further instructed A1 first to go to Hyderabad, take a flat on rent in Hyderabad in Hindu locality by falsely telling a Hindu name without taking help of any local person in
Hyderabad. On request of A2, A5 telephoned to PW.30 who is relative in 6 SC 1/2011 (Dilsukhnagar)
Hyderabad, informed him that A.2 intended to go to Hyderabad on some work and asked him to provide shelter and logistic support at Hyderabad. Around 20th or 21st July, 2007, A.2 telephoned to PW.30 to receive him at Dilsukhnagar bus stop and accordingly PW.30 received A2, took him to his room, introduced him to his room mates viz., PW.31, S. Srinivasa Reddy (LW.28), Jangam Mallikarjun (LW.30) with whom A2 stayed for two days. A2 asked PW.31 to show well known and historical places worth seeing in Hyderabad and also asked for route map of Hyderabad city, but PW.31 told him that he had no idea about availability of route map of Hyderabad. Then on the request of A2, PW.31 took him to
Golconda Fort, Ameerpet and showed Dhoom Technologies computer Institute, and then to Jagadish Market in Abids where A2 purchased one second hand
Nokia mobile cell phone for a sum of Rs.500/. On the request, PW.30 gave xerox copy of his identity card, black and white photos to accused No.2 who in turn produced the same and purchased one SIM Card of Hutch company. In the evening, A2 left PW.30's room stating that he was going back to Pune, but A.2 did not go to Pune.
b)After leaving the room of PW.30, on 23.7.2007 itself, A.2 took a room in
Azizia Lodge Nampally, belonging to PW.10, entered his particulars in Register of visitors in his own handwriting and signed. A.2 stayed there upto 30.7.2007 till 4.00 p.m Basing on classifieds in Deccan Chronicle News Paper, A2 contacted G.
Hariram (LW.14), took his flat No.302, at Banjara Nilayan Apartments,
Habsiguda, Hyderabad on a rent of Rs.4,000/ per month on 30.7.2007 by executing a rental deed and paying advance of Rs.10,000/ by specifying therein a false name as “Satish Gaikwad” and signed on rental deed as Satish.
c)After taking the flat on rent at Habsiguda, A2 telephoned to A3, 7 SC 1/2011 (Dilsukhnagar) informed him about taking a rented house. After 3 days, A3 sent A1 to
Hyderabad from Pune. A1 told A2 that A3 wanted them to identify the places where huge congregation of people would be there. A2, A1 took admission in the institute of PW.49 viz., Dhoom Technologies at Ameerpet with false names as “Satish Gaikwad” and “Vinod Patil” respectively by paying Rs.2,500/ each as fee for the course. Fee receipts and identity cards were issued to them in the names of “Satish Gaikwad” and “Vinod Patil” respectively.
d)After 7 or 8 days, A3 came to Hyderabad, A2 and A1 took A3 to
Lumbini Park, Dilshukhnagar, Gokul Chat, Secunderabad, Ameerpet, and
Charminar. A1 to A3 also had a boat ride in the Hussain Sagar Lake starting from Lumbini Park. A3 Riyaz Bhatkal stayed with A1, A2 for 2 days and went away. While going, A3 asked them to buy a TV. Accordingly A1 purchased a
T.V. at shop of PW.14. One week before the blast, A3 Riyaz Bhatkal telephoned to A2 and informed him that he was sending one parcel through a driver of a bus and asked him to collect that parcel from Chaderghat area by informing cell phone number of bus driver. Accordingly, A2 collected the parcel and kept it in the flat at Habsiguda.
e)Three days before the blast, once again A3 Riyaz Bhatkal came to
Hyderabad. A3 instructed A2 to keep a bomb in the boat at Lumbini Park and
A1 Akbar to keep a bomb in Dilsukhnagar. He also offered to keep another bomb in Gokul Chat, Koti. All the places were selected by A3; A1 and A2 purchased three bags at the shop of Tajuddin, and A1 and A2 purchased square batteries at the shop of (PW.12).
f)One day before the blast, i.e, on 24.8.2007, A3 Riyaz Bhatkal opened the parcel. There were four wooden boxes containing explosives which were cellotaped, detonators, multimeters and six watches. In that parcel, other 8 SC 1/2011 (Dilsukhnagar) circuits were also found. A3 assembled the bombs by connecting the detonators, batteries and the timer clocks. He did not fix batteries to the timer clocks. After assembling the bombs, A3 kept one bomb in each bag, he gave pencil cells to A 1, A2 and asked them to keep the pencil cells in the watches 20 or 30 minutes
before keeping the bombs at the places specified to them. The rawmaterials
including the electronic testers which were left over after assembling of the bombs were kept in polythene bags and thrown in the duct in the flat at Banjara
Nilayam.
g)As per their plan, A2 went to Lumbini Park to plant the bomb in the boat, however, the boat had left by that time. A2 had already placed the battery in the bomb. Consequently he was not having much time to place the bomb in the boat.
He went to the Laserium show at Lubmini Park and planted the bomb. A3 Riyas
Bhatkal planted the bomb at Gokul Chat, Both bombs exploded. A1 kept the bomb near foot over bridge in Dilsukhnagar and it did not explode.
h)On 25.8.2007 at about 7.30 P.M, while PW.2, Inspector of Police,
Traffic Police Station, Malakpet along with his staff was removing encroachments on foot paths and approach roads as part of his duty. One motor cyclist, PW.5 handed over one black colour shoulder bag to PW.3 informing that it was hanging to his motor cycle handle and it does not belong to him. Then, PW.3 in turn handed over the said bag to PW.2 who noticed it contained one parcel packed in gold colour plastic paper like a gift packet with some wires connected to the parcel. He suspected it to be a bomb and so he informed the same to his superior officers and traffic control room with a request to direct the bomb disposal squad to take charge of the same. Immediately he shifted the parcel to a lonely place between Gaddi Annaram and Moosrambagh junctions. Soon after the arrival of bomb disposal squad comprising of PW.25 and LW.57, the said bomb was defused 9 SC 1/2011 (Dilsukhnagar) by them.
i)On receipt of a complaint touching the above contents from PW.2, LW.66 registered a case in Crime No.255/207 under Section 4(b) of Explosive
Substances Act and took up investigation. During course of investigation, he visited the scene of offence, where the accused hanged the said bag containing
IED to a motor cycle located near foot over bridge in front of J.C. Brothers shopping mall at Dilsukhnagar, secured presence of witnesses (LW.53 and PW.24) and seized 1) black coloured rexine bag bearing a label printed as “Cool Dog” 2)
Reverse boat shaped wooden box with metal sheet at the bottom and top 3)
Explosive substance, 4) Iron balls weighing about 2 kgs, 5) While and red colour clock covers printed as “PRINCE”, 6) Clock machine printed as “Samay” 7) A 9V
Panasonic Neo Battery, 8) A 9V battery printed as “HW HiWatt”, 9) A 1.5 V battery printed as “Eveready”, 10(Gold colour gift wrapper, 11) Pieces of black colour insulated tape, 12) Pieces of brown coloured oil paper printed as “NEOGEL90, AMIN Explosives Pvt Ltd., Nagpur, 13) Two electric detonators and 14)Torn news paper of Deccan Chronicle of 20th August, 2007, under cover of panchanamas before the said mediators. He also got diffused bomb photographed with the help of PW.26.
j)LW.66 examined the defactocomplainant, eye witnesses, PW.6, PW.7 and recorded their statements, prepared letter of adcvice and forwarded components of defused IED to FSL, Hyderabad through Asst. Commissioner of Police for examination and report. PW.27 examined the material objects and gave his report that “Ammonium Nitrate along with Emulsifier a high explosive composition found in the material objects”. Basing on the report of PW.27, the explosive expert, PW.45 gave his opinion that the said items form an Improved
Explosive Device (IED) known as “Time Bomb”, and stated that the said type of 10 SC 1/2011 (Dilsukhnagar)
IED can endanger human life on explosion.
k)Subsequently the case was reregistered as Crime No.98 of 2007 of CCS and investigation taken up by ACP, Special Investigation Team, Hyderabad. He examined and recorded the statements of witnesses. He secured presence of
PW.5 and Pw.1, examined them and recorded their statements afresh. PW.3, 4, 5 stated in their statements before LW.66 (Madhava Reddy), PW.37 that on 25.8.207 at about 17.05 hours they had observed one person aged about 25 years hanging a black colour bag to the handle of the motorcycle of PW.5 which was parked on service road near Foot Over Bridge in front of J.C. Brothers Shopping
Mall, Dilsukhnagar. They also stated that the person who hung the said bag to the motor cycle handle was clad in jeans pant and full sleeves shirt, that he was of medium complexion, medium built and oval face, he was tall about 5”.9 feet height and having trimmed beard, they observed him closely and noticed his physical features and they can identify the said person if they see him again.
l)While the investigation was in progress on 21.10.2008, a written information was received from Additional Commissioner of Police (Crimes)
Mumbai vide letter OW No.498/2008, dated 21.10.2008 addressed to the
Commissioner of Police, Hyderabad informing that the accused No.1 to A4 in that case, were arrested in Crime No.152/2008 under Sections 295(A), 505(2), 507, 506(ii), 120(B), 121, 122 and 286 IPC r./w Sections 3, 25 of Arms Act r/w S.6 & 9(B) of the Explosive Act r/w Sections 4 & 5 of Explosive Substance Act, 1908,
Sections 10, 13 of Unlawful Activities (Prevention) Act, 1967 r/w Section 66 of the Information Technology Act, Section 3(1)(ii), 3(2), 3(4) of MCOC Act, 1999 of DCB, Mumbai, and that were in the custody of Special Designated Court,
Mumbai. While the investigation was in progress by SIT, Hyderabad, the government declared the office of OCTOPUS (Organisation for counter Terrorist 11 SC 1/2011 (Dilsukhnagar)
Operations) as Police Station with entire State as its jurisdiction, vide GO
Ms.No.272 (home PSC) Department dated 15.11.2008, and followed by orders of
Hon'ble High Court, this Court is designated as Court for trial and disposal of the
cases filed by OCTOPUS Police Station, Hyderabad, as committed by I ACMM,
Hyderabad. Thus, the case was transferred to SHO, OCTOPUS,Hyderabad, and it was reregistered as Crime No.2/2008, and LW.79 M. Mahesh, took up investigation, verified the investigation done by LW.66, PW.37, PW.38, and found it on correct lines. PW.43 secured presence of witnesses, examined them and rerecorded their statements.
m)Three of the above four accused, viz., A1, A2 and Ansar Ahmed Badshah “Shaik, were brought on transfer warrant from Mumbai Central Prison to
Hyderabad in Crime No.1/2008 of OCTOPUS PS, by PW.46, and produced before the learned I Additional Chief Metropolitan Magistrate on 31.1.2009 and after regularizing their arrest in Crime No.1/2008, they were remanded to judicial custody. Since the acused involved in Crime No.2/2008, PW.43 filed a memo
before the Chief Metropolitan Magistrate Court, Hyderabad praying to address a
letter to Hon'ble Special Designated Court, under MCOCA, to accord permission to produce the accused No.1, A2, Ansar Ahmed for further necessary investigation in this case. MCOCA Court accorded permission, and accused were lodged in Central Prison, Cherlapally, Hyderabad. On requisition by PW.43, the learned I ACMM, Hyderabad issued production warrants and their attendance were reguarlised . Pws. 3, 4 and PW.5 reiterated their earlier statements, as such
PW.43 filed memo to nominate Magistrate to conduct test identification parade in respect of accused No.1, and the learned VII Metropolitan Magistrate, Cyberabad was nominated to conduct Test identification parade. He conducted the test identification parade of A1 on 9.2.2009, and PW.4 and PW.5 identified the 12 SC 1/2011 (Dilsukhnagar) accused No.1 as the person who hanged the bag containing the bomb to the motor cycle of PW.5 which was parked on the service road in front of J.C.
Brothers Shopping Mall in Dilsukhnagar. On requisition by PW.46, the police custody of A1, A2 and Answar Ahmed Badshah was granted and on interrogation the accused persons confessed the offence.
n) In pursuance to the confession, A1 and A2 led PW.22, LW.49 V. Srinivas and team of PW.46 to Banjara Nilayam Road No.8, Habsiguda, Hyderabad where he stayed during and prior to the execution of the blast. He also took
PW.46 along with mediators to the terrace, showed duct in which he threw one polythene cover containing the remnants of the bombs and left over material after preparation of bombs. A polythene cover containing remnants of the material like detonators, alarm time piece parts, ID card of Dhoom Technologies with false name of Satish Gaikwad, fee receipt of Dhoom technologies and other material were seized at the instance of accused No.2 under seizure report. A2 also showed the owner of the flat No.302, with whom he had entered into rental deed agreement for the flat on 30.7.2007, and the original rental deed was seized at his instance from the possession of witness (examined as PW.34 in SC 2/2011).
o)In pursuance of the confession made by A1, on reaching Banjara Nilayam, he pointed one door on the ground floor which led to the duct in which he threw one old electric meter case box with polythene cover containing the remnants of bomb and left over material after preparation of bombs. The electric meter case box containing a polythene cover in which the remnants of the material like detonators, 9v battery, battery connector, multimeter, electric tester, Id card of
Dhoom technologies with the false name of Vinod Patil, fee receipt of Dhoom
Technologies were seized at the instance of A1 under cover of seizure panchanama in the presence of mediators in this crime. A2 took PW.46 along 13 SC 1/2011 (Dilsukhnagar) with mediators to the terrace and showed the duct in which he threw one polythene cover containing the remnants of the bombs and left over material from the preparations of bombs. A polythene cover containing remnants of the material like detonators, alarm timepiece parts, ID card of Dhoom Technologies in the false name of Satish Gaikwad, fee receipt of Dhoom Technologies and other material were seized at the instance of A2.
p)A.2 also led PW.46 and his team to Chilkur Venkateswara cables at street
Noo.8, Habisguda, Hyderabad from whom he took cable connection for his flat
No.302, during his stay, and the customer's payment book containing the particulars of the accused entered in the name of Satish, was seized at the instance of A2 from the possession of Manager of Venkateswara cables under the seizure report.
q)A.2 also led PW.46 and his team to Dhoom Technologies, where book containing admission particulars of A2 and A1 in the names of “Satish
Gaikwad” and “Vinod Patil” respectively, the book containing counterfoil of the fee paid by the accused, raised in the name of ”Satish Gaikwad” and “Vinod Patil” and rubber stamp used on the identity cards of the accused issued at the time of their admission, were seized under cover of seizure panchanams at the instance of
A2 from the possession of owner of Dhoom Technologies.
r)A.2 also lead PW.46 and his team to Azizia Lodge at Nampally where he stayed for one week i.e, from 230707 to 30.07.2007 before taking the flat at Habsiguda on rent and at his instance the Visitors Register containing the particulars of A2, entered in his own handwriting was seized from the possession of owner of Azizia Lodge) under cover of seizure report.
s)In pursuance of confession made by the accused No.1 and 2, led police and mediators to the shops of Lws.22 and LW.23 and PW.13 where they 14 SC 1/2011 (Dilsukhnagar) purchased the back packs for keeping the bombs. A1 led the police and mediators to the shops PW.12 and PW.14 where he purchased batteries and TV respectively and they respectively identified A2. Later on 16.2.2009, PW.43 filed alteration memo before the I Additional Chief Metropolitan Magistrate Court, adding
Sections 120(B) r/w Ss.307, 435 & 153A IPC and Section 7 of Criminal
Amendment Act to Section 4(b) of Explosive Substance Act.
t)PW.43 secured presence of witnesses LW.28, PW.31, LW.30, PW.17,
PW.30, LW.31, recorded their statements, and he filed memo before learned
Chief Metropolitan Magitrate, Hyderabad to nominate Judicial Officer to record statement of PW.30, under Section 164 Cr.P.C., before whom the accused No.1 & 2 made extra judicial confession, and II Metropolitan Magistrate, Secunderabad was nominated as the Magistrate to recorded the statement of PW.30, and he recorded the statement. Later PW.46 sent the material objects seized at the instance of A1, A2 separately at Flat No.302, Banjara Nilayam, along with letter of advice through I Addl. CMM Court, to FSL, Hyderabad for examination and report, and the material objects seized at Dhoom Technologies through Court, to
FSL,Hyderabad. Subsequently A5 & A6 were brought on PT warrant, and their arrest was regularized. Their confession was recorded.
u) Thus, after completion of investigation, it is established that A1 to A7 during the period from July, 2007 to August,2007 at Pune, Hyderabad and other places, entered into criminal conspiracy agreeing to cause large scale murders of innocent people by exploding bombs. They conspired to wage war against the
State, promote enmity between groups on grounds of religion prejudicial to maintenance of harmony, advocating or inciting the commission of any unlawful activity etc. Thus, all the accused, conspired and committed the offences under
Sections 120(B) r/w Sections 307, 121A and 153A IPC, Sections 4 & 5 of 15 SC 1/2011 (Dilsukhnagar)
Explosive Substances Act, 1908 and Sections 13(1)(a)(b), 16,18,19,20 of
Unlawful Activities (Prevention) Act, 1967 requesting to take cognizance against
A1, A2, A5 and A6 and reserving their right to file separate charge sheet against
A3, A4 and A7.
3.The learned I Additional Chief Metropolitan Magistrate, Hyderabad took the case on file under Sections 307, 121A, 153A r/w 120(B)of IPC, Sections 4 & 5 of Explosive Substances Act, 1908 and Sections 13(1)(a)(b), 16,18,19,20 of
Unlawful Activities (Prevention) Act, 1967 against A1, A2, A5 and A.6. vide
PRC No. 16/2009, complied with the provisions of Section 207 Cr.P.C., and committed the case for disposal in accordance with law.
4.On production of the accused from jail, before this Court and on hearing both sides, the following are the charges framed against A1, A2, A5 and
A6, as under:
“Charge No.1:
That, you (A1, A2, A5 and A6) along with A3, A4, A7 on 2582007 at 7.30 pm hanged black sack bag containing IED bomb to a motor cycle belonging to (LW.4) in front of J.C Brothers Shopping Mall located near Foot over bridge at
Dilsukhnagar, Hyderabad, to cause large scale murders of innocent people by exploding the bomb and that you thereby committed an offence punishable under
Section 307 of the Indian Penal Code and within my cognizance.
Charge No.2:
That, you (A1, A2, A5 and A6) along with A3, A4, A7 on or before 258 16 SC 1/2011 (Dilsukhnagar) 2007 conspired to commit any of the offence punishable under Section 121, or to overawe, by means of criminal force or show of criminal force, on 2582007 at 7.30 pm you hanged black sack bag containing IED bomb to a motor cycle belonging to (LW.4) which was parked in front of J.C Brothers Shopping Mall located near Foot over Bridge at Dilsukhnagar, Hyderabad to cause large scale murders of innocent people by exploding a bomb, to wage war against the state and that you thereby committed an offence punishable under Section 121A of the
Indian Penal Code and within my cognizance.
Charge No.3:
That, you (A1, A2, A5 and A6) along with A3, A4, A7 on or before 258 2007 promoted feelings of enmity or hatred between the groups viz., prejudicial to maintenance of harmony between the said groups, disturbed or like to disturb public tranquility on 2582007 at 730 pm you hanged black sack bag containing
IED bomb to a motor cycle belonging to (LW.4) which was parked in front of J.C
Brothers Shopping Mall located near Foot over Bridge at Dilsukhnagar,
Hyderabad and thereby committed an offence punishable under Section 153A of the Indian Penal Code and within my cognizance.
Charge No.4:
That, you (A1, A2, A5 and A6) along with A3, A4, A7 on or before 258 2007 agreed to do an illegal act or an act by illegal means viz., entered into criminal conspiracy, agreeing to cause large scale murder of innocent people by explosion of bombs, conspiring to wage war against the state, abetting waging of war etc., promoting enmity between groups on the grounds of religion prejudicial to maintenance of harmony by using explosive substances and in pursuance of the 17 SC 1/2011 (Dilsukhnagar) said conspiracy, on 2582007 at 730 pm you hanged black sack bag containing
IED bomb to a motor cycle belonging to (LW.4) which was parked in front of J.C
Brothers Shopping Mall located near Foot over Bridge at Dilsukhnagar,
Hyderabad and that you thereby committed an offence punishable under Section 120B of Indian Penal Code and with my cognizance.
Charge No.5:
That, you (A1, A2, A5 and A6) along with A3, A4, A7 on or before 258 2007 you made IED bomb and attempted to cause explosion, accordingly hanged black sack bag containing IED bomb on 2582007 at 730 pm to a motor cycle belong to (LW.4) which was parked in front of J.C Brothers Shopping Mall located near Foot over Bridge at Dilsukhnagar, Hyderabad, to cause harm to large scale murders of innocent people by exploding a bomb with an intention to endanger life and property and that you thereby committed an offence punishable under
Section 4 of The Explosive Substances Act, 1908 and within my cognizance.
Charge No.6:
That, you (A1, A2, A5 and A6) along with A3, A4, A7 on or before 258 2007 made IED bomb to cause explosion viz., hanged black sack bag containing
IED bomb on 2582007 at 730 pm to a motor cycle belonging to (LW.4) which was parked in front of J.C Brothers Shopping Mall located near Foot over Bridge at Dilsukhnagar, Hyderabad, to cause harm to large scale murders of innocent people by exploding a bomb with an intention to endanger life and property and that you thereby committed an offence punishable under Section 5 of The
Explosive Substances Act, 1908 and within my cognizance.
Charge No.7:
18 SC 1/2011 (Dilsukhnagar)
That, you (A1, A2, A5 and A6) along with A3, A4, A7 on or before 258 2007 you have taken part to make IED bomb to cause explosion viz., hanged black sack bag containing IED bomb on 2582007 at 7.30 pm to a motor cycle belonging to (LW.4) which was parked in front of J.C Brothers Shopping Mall located near Foot over Bridge at Dilsukhnagar, Hyderabad, advocating or inciting the commission of unlawful activity and that you thereby committed an offence punishable under Sectioon 13(1)(a) and (b) of Unlawful Activities (Prevention)
Act, 1967 and within my cognizance.
Charge No.8:
That, you (A1, A2, A5 and A6) along with A3, A4, A7 on 2582007 at 730 pm committed terrorist act viz., hanged black sack bag containing IED bomb to a motor cycle belonging to (Lw.4) which was parked in front of J.C Brothers
Shopping Mall located near Foot over Bridge at Dilsukhnagar, Hyderabad, to threaten the unity, integrity, security or sovereignty of India or with intent to strike terror or likely to strike in the people or any section of the people in India or in any foreign country and that you thereby committed an offence punishable under Section 16(b) Unlawful Activities (Prevention) Act, 1967 and within my cognizance.
Charge No.9:
That, you (A1, A2, A5 and A6) along with A3, A4, A7 on 2582007 at 7 30 pm conspired and attempted to commit commission of a terrorist act viz., hanged black sack bag containing IED bomb to a motor cycle belonging to (LW.4) which was parked in front of J.C Brothers Shopping Mall located near Foot over
Bridge at Dilsukhnagar, Hyderabad, to threaten the unity, integrity, security or 19 SC 1/2011 (Dilsukhnagar) sovereignty of India or with intent to strike terror or likely to strike in the people or any section of the people in India or in any foreign country and that you thereby committed an offence punishable under Section 18 of Unlawful Activities (Prevention) Act, 1967 and within my cognizance.
Charge No.10:
That, you (A1, A2, A5 and A6) along with A3, A4, A7 on 2582007 at 7 30 PM being a member of terrorist act, hanged black sack bag containing IED bomb to a motor cycle belonging to (LW.4) which was parked in front of J.C.
Brothers Shopping Mall located near Foot over Bridge at Dilsukhnagar,
Hyderabad, to threaten the unity, integrity, security or sovereignty of India or with intent to strike terror or likely to strike in the people or any section of the people in India or in any foreign country and that you thereby committed an offence punishable under Section 20 Unlawful Activities (Prevention) Act, 1967 and within my cognizance”
5.All the above charges were read over and explained to the respective accused in vernacular language and they denied the said charges and claimed to be tried.
6.The above charges against the accused were framed by my predecessor’s predecessor and while framing charges, instead of stating that “you
A1 shared common intention and conspiracy with A2 and in conspiracy and abetment of A5 &A6 and other absconding accused did….” ; inadvertently framed charges as “you A1,A2, A5 & A6 along with other absconding did…_ and thus omitted to frame charges under Sections 34 and 109 IPC, and the omission 20 SC 1/2011 (Dilsukhnagar) would not in any way cause prejudice to the accused, as has been explained in the case of State of Uttar Pradesh Vs Paras Nath Singh, report (2009) 6
Supreme Court Cases 372, wherein it was held as under:
“As the provision itself mandates that no finding, sanction or order by a court of competent jurisdiction becomes invalid unless it is so that a failure of justice has in fact been occasioned because of any error, omission or irregularity in the charge including in misjoinder of charge, obviously, the burden is on the accused to show that in fact a failure of justice has been occasioned.”
Added to this, the substance of the allegations of common intention, abetment and conspiracy under Section 34, 109 and Section 120B IPC has already been brought to the notice of the accused which is evident from the charge sheet wherein it can be seen the role attributed to each accused and the substance of allegations of each offence.
7.To prove the case of the prosecution, the prosecution got examined
Pw. 1 to .PW.46 and got marked Ex.P1 to 70 and got marked material objects 1 to 33. The accused were examined under Section 313 Cr.P.C, explaining to them the incriminating material available on record and they denied the evidence of the prosecution witnesses by giving written answers after obtaining permission from this Court and also filed common written statement by accused No.2 (Anif).
The defence got marked Ex.D1 to D4 during the course of trial through the prosecution witnesses on behalf of the accused and did not adduce any oral evidence.
8.Heard the learned Special Public Prosecutor and the learned Counsel for the accused No.1, A2, A5 and A6. The common written arguments is filed by counsel for A2 (Anik Shafique Sayeed), and same is adopted by counsel for 21 SC 1/2011 (Dilsukhnagar) accused A1 (Mohd. Aikber Ismail Chowdary). The counsel for A5 & A6 also filed written arguments.
9.The learned Special Public Prosecutor submitted that the accused No.2 (Anik Shaafique), Akbar Ismal Chowdary (A1), Farooq Sharufddin Tarkash (A5),
Sadiq Israr Shaik (A6) and absconding accused belong to banned Organization “Indian Mujahiddin” and in order to take revenge for the Mecca Masjid blast in
Hyderabad and with their motive to establish Islamic rule, the accused planned to carry out series of blasts at Hyderabad, and two blasts, was carried at Lumbini
Park (pertaining to this case in SC No.3/2011) and Gokul Chat (SC No.2/2011) and attempted to carry blast at Dilsukhnagar near JC brothers (in this case), and that if any infirmity in framing of charges that cannot go to the benefit of accused, and that motive of the accused established because all the circumstances are leading to irresistible conclusion that the accused carried out blasts at Hyderabad and the gory of injuries are in the nature of flesh and blood detached from the bodies, splinters lodged in the body of individuals etc, and the sufferings inflicted by these killing machines on innocent people include completely able bodied persons becoming bedridden for life, a liability and a painful sight for their loved ones, parents losing their children, loss of sole earning members of families plunging them into despair and penury, just to count a few. He further submitted that all the circumstances are proved beyond all reasonable doubt showing finger towards the accused and absconding accused alone. Therefore they may be convicted for all the charges.
10.The learned counsel for the accused No.2 (Anik Shafique Sayyed) submitted that till 30.11.2008 there is no any incriminating evidence against the accused and basing on the letter of Additional Commissioner of Police, Mumbai, 22 SC 1/2011 (Dilsukhnagar)
P.T. warrant was issued against the accused, and the confessional statement of the accused in Crime No.152/2008 of P.S. Maatunga is not submitted for perusal of Hon'ble CMM Court, and the prosecution failed to establish the involvement of the accused in any bomb blast in any place such as Mumbai, Hyderabad,
Allahabad, Surat, Pune, Bangalore and other places, and Ex.P64 also did not reveal any allegations or sending any material evidence to the Hon'ble CMM, except an order dated 5.2.2009. Ex.P64 does not have any iota of allegations against the accused till 5.2.2009, and the investigating Officers also admitted that there is no any incriminating evidence against accused till 30.11.2008 or 6.2.2009 when they were taken into custody from the central prison, Mumbai. Ex.P60 has no value or legal sanctity in the three cases. The nonexamination of material and official witnesses at Bombay and parents, neighbours of accused is fatal. The accused never confessed the causing of explosive at any place. PW.34 who is alleged to be father of Vasundara as a owner in SC No.2/2011 does not identify the accused but identified as A5. Ex.P24 is rental deed got marked as Q4 and
Q5, signatures of Satish, examined with S1 to S57 not proved by handwriting exper, the open terrace and duct on the ground floor are accessible to any persons, the seized objects are subject to natural decay, and the recovery after 1 ½ year at the open place is not acceptable under Section 24 of the Evidence Act.
The seizure is planted for purpose of this case. The theory of absconding belongs to banned organisation “Indian Mujahiddin” is totally false and baseless. The circumstance of involvement of (PW.30) is invented, he was in wrongful custody for a period of 56 days. The accused No.2 Anik Shafique Sayed never stayed at
Azizia lodge, the original register was not sent to handwriting expert. PW.34 wrongfully identified accused A5 instead of A.2, and by not proving Q4 and Q5 with Ex.P24 chain link of circumstance is broken. PW.87 in SC 2/2011 stated 23 SC 1/2011 (Dilsukhnagar)
before the Court that the original register is with him. Three xerox copies of
register sent to expert. The accused never came to Hyderabad till he was brought from Bombay on 6.2.2009, and the prosecution case is invented. PW.17 and
PW20 kept silent for a period of 3 days after the incident and there is no proof of examining them in the month of February, 2009 by PW.88 (SC 3/2011). There was no possibility of seeing the assailant in dark night when the lights are switched off before laser show. The allegation of conspiracy and discovery under
Section 27 of the Evidence Act invented, created. Handwriting expert must mention reasons with opinion. If there are no reasons mentioned, it is not conclusive evidence as held in 2017 Crl.C.L. 537 (SC) (D). Nonexamination of
Addl. C.P, Crimes, Mumbai, Joint Commissioner of Police, Mumbai, Addl.
C.P.Ashok Durphe IO in Cr.No.152/2008 of Matunga P.s., Crime No.162/2002
P.S. Chamber, Witness in SC 3/2011, Security Staff & Administrative Offficer who were on duty on 25.8.2007 at Lumbini Park & Laser Show, scribe of Ex.P29,
P.40, Ex.P37, Ex.P37A, Ex.P37B, Ex.P38, Ex.P38A, Ex.P38B and Ex.P39, neighbours, parents of Anik at Pune, alleged owner of flat, Banjara Nilayam, scribe/author of documents at Dhoom Technology, is fatal to the case of the prosecution. There is no evidence of conspiracy for the offences under Sections 120(B), 121A, 153A IPC. Recovery is not reliable as it was recovered 5 days after the incident. There was delay in recording 161 Cr.P.C statements after the incident. Witnesses were planted. There is no proof of presence of Pws. 53 and
PW.56 (in SC 3/2011) at Laser show viz., entry ticket. The medical officers who treated and conducted autopsy did not send swabs of injury or recovered foreign material from the body of the deceased and injured and the same was not sent to
FSL to know the components of the blast explosive. The evidence of PW.45 and
Pw.27 is contrary to each other and to the evidence of PW.34 and 36.
24 SC 1/2011 (Dilsukhnagar)
11.The learned counsel for the accused No.5 & 6 submitted that no explosive substance is seized from the possession or at the instance of accused as per the prosecution story, and recovery of one detonator at the instance of A.2 and A1 from air duct of Banjara Nilayam is contrary to the evidence of witnesses, panch witnesses, IO and other circumstantial witnesses, and so recovery is not proved. The detonator is not explosive substance. There is no evidence to show that the explosive substance is brought to the scene of offence, the main source of said explosive substance not proved. Mere recovery of RDX from the accused itself is not sufficient to infer the accused indulged in terrorist act as defined under Section 15 of the Act. There is no evidence connecting the accused preparing bomb and helping other accused to use for commission of offence of terrorist act. Sanction granted in casual manner without application of mind.
The evidence of (PW.30) is full of omissions and contradictions, and he did not give reason as to why accused allegedly informed him about the blast claiming responsibility. He did not give proper reasons why he approached the accused who are residents of faraway place. There was no reason for him to visit for marriage alliance again. The alleged extra judicial confession statement was given by the accused in the month of September, or October, 2007 but PW.30 kept quiet for two long years without informing anybody about the alleged statement though as per his own version it was a very serious issue and it is not the case of
Pw.30 that he was given any threat not to disclose their statement to any third person. The alleged incidents are pertained to 2007 and the story of this witness, that of after coming out of the house he started residing with his friends, there one of the accused visited and subsequently blast took place cannot be taken into consideration as the alleged incident of blast was taken place in the year 2007 25 SC 1/2011 (Dilsukhnagar) itself and the evidence of PW30 cannot be a typographical mistake as he deposed the same statement in three cases. This witness was called number of times and kept in custody and it can be inferred that this witness is a stock witness tutored by police to give statement against the accused, and the same is untrustworthy as held in I) 2011 10 SC 165 Pancho Vs. State of Harayana, iii)AIR 1975 SC 258 and iii) 2006 Crl.L. 4126 Srikanth and another Vs. State. The alleged property seized from Banjara Nilayam was not sealed and the place where it was seized was not under exclusive possession of the accused, there is a gap of nearly two years from the alleged placing the articles and their recovery, and the accused is entitled to benefit of doubt as per decisions in 2003 SCC (Cri) 1999 Salim Akthar
Alias Mota Vs. State of UP , ii) 1997 SCC (Cri) 315 Saheb Singh Vs. State of
Punjab. The duct was not sealed by the investigating Officer. When incriminating material not sealed on the spot raised considerable doubt regarding the factum of recovery. When the recovery at the instance of accused is not proved then the discovery of fact also is not proved by prosecution. Mos. 12 to 22 are easily available in market. Mere knowledge does not amount to possession.
Belated discovery raises a question about its evidentiary value. The burden is not on the accused to prove a fact under Section 106 of the Evidence Act. Merely because the accused not able to prove his defence it cannot be presumed that the prosecution case is proved against the accused. There is inordinate delay in recording the statement of witnesses, and there is no proper explanation for the said delay. The accused need not give any explanation or statement during
Section 313 Cr.P.C. statement. There is material contradictions in the evidence of eye witnesses with regard to ID particulars of the accused apart from considerable delay. There is no evidence to prove charge of conspiracy. There is no evidence against A.6. The only evidence of PW.30 against A.5 cannot be taken into 26 SC 1/2011 (Dilsukhnagar) consideration.
12.Now the points for consideration are :
I) Does the prosecution prove that accused No.1 (Akber) with the
common intention and conspiracy of A2, abetment and conspiracy of A5
and A6 and other absconding accused, attempted to commit murder of
innocent persons by planting bomb in front of J.C. brothers shopping
mall, located near Foot Over bridge, at Dilsukhnagar, Hyderabad with such
an intention or knowledge and under such circumstances that if by that act
caused the death of innocent persons, they would have been guilty of
murder, punishable under Section 307 of Indian Penal Code?
II) Does the prosecution prove that accused No.1 (Akber) with the
common intention and conspiracy of A2, abetment and conspiracy of A5
and A6 and other absconding accused, within or without India conspired to
overawe by means of criminal force or show of criminal force, the Central
Government and the State Government, punishable under Section 121A of
Indian Penal Code ?
III) Does the prosecution prove that accused No.1 (Akber) with the
common intention and conspiracy of A2, abetment and conspiracy of A5
and A6 and other absconding accused promoted feelings of enmity or hatred
between the groups viz., prejudicial to maintenance of harmony between the
said groups, disturbed or likely to disturb public tranquility on 25.8.2007 by
placing in front of J.C. brothers shopping mall, located near Foot Over
bridge, at Dilsukhnagar, Hyderabad, punishable under Section 153A of
Indian Penal Code?
27 SC 1/2011 (Dilsukhnagar)
IV) Does the prosecution prove that accused No.1 (Akber) with the
common intention and conspiracy of A2, abetment and conspiracy of A5
and A6 and other absconding accused were party to a criminal conspiracy to
wage war against the Govt. of India and to commit other offences i.e.offences
punishable u/s punishable U/Sec.307 of Indian Penal Code (attempt to
murder), Section 4 of the Explosive Substances Act (unlawful attempted to
explode), Section 5 of Explosive Substances Act (possession of Improved
Explosive Devices unlawfully), Section 13(1)(a)(b) of Unlawful Activities
(Prevention) Act, 1967 (advocating or inciting the commission of unlawful
activity), Section 16(b) of the Unlawful Activities (Prevention) Act, 1967 (to
threat the unity, integrity, security or soverignity of India or with intent to
strike terror or likely to strike in the people or any section of the people of
India or in any foreign country), and Section 18 of the Unlawful Activities
(Prevention) Act, 1967 (conspired and attempted to commit terrorists act
viz., by placing IED bomb near Footover bridge, JC Brothers, Dilsukhnagar),
Section 20 of Unlawful Activities (Prevention) Act, 1967 (being member of
unlawful association or gang and committing an act relating to its
membership), punishable U/Sec.120B of Indian Penal Code?
V) Does the prosecution prove that accused No.1 (Akber) with the
common intention and conspiracy of A2, abetment and conspiracy of A5
and A6 and other absconding accused unlawfully attempted to explode a
bomb near the Footover bridge, near JC borthers shopping mall,
Dilsukhnagar, Hyderabad, punishable under Section 4 of the Explosive
Substances Act, 1908?
VI) Does the prosecution prove that accused No.1 (Akber) with the
28 SC 1/2011 (Dilsukhnagar)
common intention and conspiracy of A2, abetment and conspiracy of A5
and A6 and other absconding accused were in unlawful possession of
explosive under suspicious circumstances, punishable under Section 5 of the
Explosive Substances Act, 1908?
VII) Does the prosecution prove that accused No.1 (Akber) with the
common intention and conspiracy of A2, abetment and conspiracy of A5
and A6 and other absconding accused, advocated or incited the commission
of unlawful activity to explode a bomb inside the Lazerium, Lumbini Park,
Hyderabad, punishable under Section 13(1)(a) and (b) of the Unlawful
Activities (Prevention) Act, 1967?
VIII) Does the prosecution prove that accused No.1 (Akber) with the
common intention and conspiracy of A2, abetment and conspiracy of A5
and A6 and other absconding accused, committed terrorist act by
attempting to explode by hanging a bomb to a motor cycle which was
parked in front of J.C. brothers shopping mall, located near Foot Over
bridge, Diluskhnagar, Hyderabad, to threaten the unity, integrity, security or
sovereignty of India or with intent to strike terror or likely to strike in the
people of any section of the people in India or in any foreign country ,
punishable under Section 16(1) (b) of the Unlawful Activities (Prevention)
Act, 1967?
IX) Does the prosecution prove that accused No.1 (Akber) with the
common intention and conspiracy of A2, abetment and conspiracy of A5
and A6 and other absconding accused, conspired and attempted to commit
commission of terrorist act viz., by hanging a bomb to a motor cycle which
29 SC 1/2011 (Dilsukhnagar)
was parked in front of J.C. brothers shopping mall, located near Foot Over
bridge, Diluskhnagar, Hyderabad, to threaten the unity, integrity, security or
sovereignty of India or with intent to strike terror or likely to strike in the
people of any section of the people in India or in any foreign country ,
punishable under Section 18 of the Unlawful Activities (Prevention) Act,
1967?
X) Does the prosecution prove that the accused No.1,2, A5 & A6 were
members of terrorists gang, viz., Indian Mujahidden to commit terrorist act
by hanging a bomb to a motor cycle which was parked in front of J.C.
brothers shopping mall, located near Foot Over bridge, Diluskhnagar,
Hyderabad . Punishable under Section 20 of the Unlawful Activities
(Prevention) Act, 1967?
XI) To what result?
13.To prove the case of the prosecution, the prosecution in all examined Pws. 1 to 46 and Ex.P1 to P70.
14.According to prosecution, PW.1 is the friend of PW.5 who gave his motor cycle to PW.5, PW.2 is the defactocomplainant, Pws. 3 to 5, PW.17 and
PW.20 are the eye witnesses, Pws.6 to PW.16, 18, 19, 21, PW.30 and PW.31 are the circumstantial witnesses, Pw.22 panch for confession and seizure panchanamas of A1 & A2, PW.23 is the panch for recording confessional statements of A1 & A2, PW.24 panch witness to the scene of offence and seizure panchanama, PW.25 is the Head Constable who defused IED, PW.26 is the photographer who photographed the components of IED, PW.27 is the Asst.
Director who analysed the components of IED, PW.28 is the Inspector, PW.29 is 30 SC 1/2011 (Dilsukhnagar)
Inspector who issued FIR in Crime No.98/2007 of CCS PS., PW.32 who conducted the test identification parade, PW.33 Scientific Asst, in FSL, PW.34 & PW.36 are the Scientific Officers, PW.35 was the owner of the house, where PW.30 stayed at Dilsukhnagar, PWs.37 & 38 are Asst. Commissioners of Police in Crime
No.98/2007, PW.39 is the Inspector of Police at SIT, PW.40 is the Inspector of
Police, Octopus P.S., PW.41 is the IAS officer who issued sanction to prosecution,
PW.42 is the Section Officer, PW.43 is the Investigating Officer, PW.44 is the
Inspector of Police, PW.45 is the Explosive Expert, PW.46 is the Investigating
Officer who filed charge sheet.
15.To prove the points No.(I) to (X), the prosecution relied upon the following circumstances, viz., a. Prior to June 2007, (PW30) stayed with his cousin Farooq Sharfuddin Tarkash (A5) for 15 days, where Farooq Sharfuddin Tarkash(A5) introduced Accused No.1 and A2.
b)During June 2007, Farooq Sharfuddin Tarkash (A5) called (PW30) and asked him to take care of A2 who was visiting Hyderabad.
c) After meeting (PW.30), A2 and PW.30 went around the city of Hyderabad including Gokul Chat bhandar, Lumbini Park and Dilsukhnagar
d) A.2 left PW.30’s place at Dilsukhnagar, informing that he would go to Pune, but went and stayed at Azizia Hotel at Nampally from 23.07.2007 to 30.07.2007. A.2 then taking Banjara Nilayam flat 302 on rent in August 2007 after entering into a rental deed.
e) A1 joining A2. Accused No.1 & A2 staying at Banjara Nilayam during August, 2007 in false names of Satish Gaekwad and Vinod Patil (Anik Shafique Sayeed (A2) as Satish Gaekwad and Akbar Ismail Chowdary (A1) as Vinod Patil).
f) Anik Shafique Sayeed (A2) purchasing TV and taking cable connection.
g) Accused joining Dhoom technologies for brief period in the false names of Satish Gaekwad and Vinod Patil (Anik Shafique Sayeed (A2) as Satish Gaekwad and Akbar Ismail Chowdary (A1) as Vinod Patil).
31 SC 1/2011 (Dilsukhnagar)
h) Purchase of material i.e. bag, batteries etc. by A1 and A2 prior to blasts.
i) Anik Shafique Sayeed (A2) found with a bag at Lumbini Park minutes
before blast at Lumbini park.
j) Explosions taking place after Anik Shafique Sayeed (A2) left leaving the bag on the seat as witnessed by PW17 and PW20.
k) Akbar Ismail Chowdary (A1) found at Dilsukhnagar around 7.30 PM, placing bag and leaving on same day i.e, 25.8.2007.
l) Bomb found in the bag placed/hung by A1 Akbar to the vehicle of (PW5), which was defused.
m) Bomb placed in Gokul chat bhandar which exploded on 25.08.2007.
n) Blast remnants containing Ammonium nitrate.
o) Deaths of several persons and injuries at Lumbini park and Gokul chat bhandar.
p) Arrest of accused in Mumbai cases for terror related offences
q) Intimation of Mumbai Police to Hyderabad about the alleged involvement of accused in Hyderabad blasts.
r) Taking accused into custody from Mumbai.
s) Confession of Anik Shafique Sayeed (A2) and Akabar Ismail Chowdary (A1) .
t) Accused leading police to Banjara Nilayam where the accused stayed.
u) Recovery of blast material at the instance of Anik and Akbar in duct of Banjara Nilayam, Accused staying at Banjara Nilayam, recovery of IED parts, A1 taking cable connection, joining Dhoom Technologies are all known to the investigation at the instance of A1 which is admissible u/s 27 I.E. Act,
v) Confession made to (PW30) by accused corroborating the facts discovered at the instance of accused. Evidence of :
i) PW30 visiting Farooq Sharfuddin Tarkash (A5) and staying with him.
ii) Farooq Sharfuddin Tarkash (A5) introducing Anik Shafique Sayeed (A2) and Akbar Ismail chowdary (A1) to (PW30) at Pune.
Iii) Farooq sharfuddin Tarkash(A5) requesting (PW30) to help Anik Shafique Sayeed (A2) who was coming to Hyderabad.
32 SC 1/2011 (Dilsukhnagar) iv Anik Shafique Sayeed (A1) having taken the help of (PW30) stayed back in Hyderabad without intimation to (PW30).
w) Accused causing explosions at Lumbini park and Gokul chat bhandar and placing bomb at Dilsukhnagar.
16.This case rests upon circumstantial evidence. It is apt to refer to the settled principles of law reported in Sharad Biridhichand Sarda Vs. State of
Maharastra AIR 1984 SC 1622 wherein it is held thus:
1) the circumstances from which the conclusion of guilt is to be drawn should be fully established. The circumstances concerned 'must or should' and not 'may be established'
2)the facts so established should be consistent only with the hypothesis of the guilt of the accused, that is to say, they should not be explainable on any other hypothesis except that the accused is guilty.
3)the circumstance should of a conclusive nature and tendency.
4)they should exclude every possible hypothesis except the one to be proved and
5)there must be a chain of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused.
17.Now let me examine whether the prosecution established the following circumstances beyond all reasonable doubt?
18. Prior to June 2007, (PW66) stayed with his cousin Farooq Sharfuddin
Tarkash (A5) for 15 days, where Farooq Sharfuddin Tarkash(A5) introduced
Anik Shafique Sayeed (A2) and Akbar Ismail Chowdary (A1)
19.In so far as first circumstance is concerned, PW.30 deposed that he came to Hyderabad in the year 2003, joined AnwarulUloom College for pursuing
M.Com. Post Graduate. He was unable to complete M.Com as such he joined
English training course and also Hardware and networking courses in Hyderabad.
In search of a job he went to Pune to his father’s sister’s house. Farooq (A5) is the elder son of his father’s sister where he stayed at Pune, at the house of A.5 who 33 SC 1/2011 (Dilsukhnagar) was his cousin. In the process of finding a job he was accompanied by A.5 to his office at times. In the process of searching for the job he was selected through a consultancy for a BPO training. He used to attend training classes which were for a period of 15 days and used to stay at the place of Accused No.5. Meanwhile during the said stay he also met two friends of (A5) whose names are Anik (A.2) and Akber (A.1).
In the cross examination, PW.30 denied suggestion that Mumbai Police warned him to give statement as per their advice otherwise they will implead him as accused in the case.
20.The case of the defence is that A.1 & A2 never met A.5 in the presence of
PW.30 nor they were introduced to PW.30.
On the other hand, the learned Special Public Prosecutor submitted that
PW.30 is none other than relative of Accused No.5 and there is nothing to indicate any motive to state falsely against the accused and there is corroboration in the form of evidence to this witness.
On scrutiny of the evidence of PW.30, since there is no specific denial of the accused No.1,2 and A5 meeting PW.30 at Pune, the evidence adduced by
PW.30 with regard to their meeting at Pune appears to be cogent , reliable and trustworthy. There is no reason to disbelieve the testimony of this witness because no animosity attributed against by A1 and A2. There are certain omissions in respect of A5 but there are no omissions and contradictions in respect of A1 and A.2. Therefore there is no hesitation to hold that this circumstance is established beyond all reasonable doubt in respect of A1 and A2.
21. During June 2007, Farooq Sharfuddin Tarkash (A5) called (PW 34 SC 1/2011 (Dilsukhnagar)
30) and asked him to take care of Anik Shafique Sayeed (A2) who was visiting Hyderabad.
22.In so far as second circumstance is concerned, PW.30 deposed that during June, 2007 after he shifted to his friends house at Dilsukhnagar, he received a phone call from Farooq (A5), asked him to take care of Anik (A1) who was coming from Pune and help him as per A1 Anik’s requirement which was computer training. Accordingly he sought permission from his friend Srinivas
Reddy (LW.28) for the stay of Anik (A2) at their place. One week thereafter in the last week of June or first week of July Anik (A2) came to Hyderabad and called him on phone. He guided him to Dilsukhnagar and when he came to
Dilsukhnagar by bus route No.156 he received A1 around 8.30 AM or 9.00 AM.
23.Nothing was elicited from the cross examination of PW.30 to disbelieve his evidence with regard to making call by accused No.5 to PW.30 to render help to the accused No.1 who was visiting Hyderabad. Therefore this Court holds that this circumstance is also established.
24. After meeting (PW30), Anik Shafique Sayeed (A2) and (PW66) went
around the city of Hyderabad including Gokul Chat bhandar, Lumbini Park
and Dilsukhnagar
25.In so far as this circumstance is concerned, PW.30 deposed that as informed by Farooq (A5) and at the request of A2 Anik for going around places in
Hyderabad as it is a tourist place and also for the purpose of identifying training centers he took A2 Anik around Hyderabad. He took A2 Anik to Golconda Fort,
NTR gardens, Lumbini park, Old city (Charminar). In the evening they came back by bus via Women’s college, Koti. He informed Anik (A2) that in Koti there was a 35 SC 1/2011 (Dilsukhnagar) famous eatery by name Gokul chat and shown Gokul chat Bhandar and also book shops where many students purchase second hand books.
26.PW.31 Kalyan Kiran deposed that presently he is doing jewellery business at Narayanpet, Mahaboobnagar District. He was residing at Hyderabad from 2005 to 2010. He was doing as salesman in jewellery shop. He was residing at
Hyderabad in P & T colony, Dilsukhnagar. Along with him his friend Srinivas
Reddy (LW.28) and Jangam Mallikarjun (LW.30) were residing in the room at P &
T colony. In the year 2007 (PW.30) was also joined in their room in May or
June. After one month, friend of PW.30 viz., Anik (A2) came and joined in the same room and stayed for two days. PW.31 identified the accused No.2 He further deposed that after that said accused A.2 went away by saying that he was going to Pune..
27 .On analysing the evidence of PW.30 supported by the evidence of PW.31 it can be concluded that the accused No.2 visited to the room of PW.30 at
Dilsukhnagar and they moved around Hyderabad. Thus it is proving another chain of circumstances about the visit of the accused No.2 to Hyderabad and their moving around Hyderabad city tourist places.
28. Anik Shafique Sayeed (A2) left PW.30’s place at Dilsukhnagar,
informing that he would go to Pune, but went and stayed at Azizia Hotel at
Nampally from 23.07.2007 to 30.07.2007. Anik Shafique Sayeed (A2) then
taking Banjara Nilayam flat 302 on rent in August 2007 after entering into a
rental deed ExP24
and
29, Accused staying at Banjara Nilayam during August, 2007 in false
36 SC 1/2011 (Dilsukhnagar)
names of Satish Gaekwad and Vinod Patil (Anik Shafique Sayeed (A2) as
Satish Gaekwad and Akbar Ismail Chowdary (A1) as Vinod Patil)
30.PW.30 and PW.31 deposed that accused A.2 went away by saying that he was going to Pune.
31.There is no specific suggestion to PW.30 and PW.31 that accused
No.2 did not inform about going to Pune.
32.PW.10 deposed that he is the owner of Azizia lodge, Nampally,
Hyderabad. From 2000 to 2008 he run the said lodge. Earlier his father used to run the lodge. The said lodge building was let out for furniture shop. In the second or third month of 2009, police came to his lodge along with some persons.
Police also brought one person. After seeing the said person, he told to police that the said person stayed in their lodge in the eighth month of 2007. He can identify the said person who came along with police. He identified the accused No.2 (Anik Shafiq Sayeed) as the same person stayed in the lodge. He further deposed that police seized said register under panchanama and in the said panchanama his signature, panch witness signature, police officer signature and the accused signature was obtained. Ex.P29 is the said panchanama dt.12.02.2009. Ex.P30 is the copy of register of their lodge which contains the signature of A2 the accused under dt.23.07.2007 at 7.35 pm ie., date, time of arrival of A2. He stated that
A2 stayed in their lodge for seven days.
33.This witness was cross examined by the learned counsel for the accused. He stated that one person by name M.A. Jaleel stayed in their lodge for 37 SC 1/2011 (Dilsukhnagar) one day prior to A2, and thereafter Anik (accused No.2) stayed for one day as per Ex.P30. But again he added that Accused No.2 (Anik S/o. Mohammed) stayed for seven days). He added that the contents of Ex.P30 were written by respective customers. The original register of Ex.P30 is with him. There is no page number or customer serial number on Ex.P30; but denied suggestion that
Ex.P30 is fabricated by him as asked by police.
34.The learned counsel for the accused No.2 submitted that the original register was not sent to Handwriting Expert but they sent only three xerox copies, which are marked as Ex.P30 in SC No.1/2011, Ex.P29 in SC No.2/2011 and
Ex.P36 in SC No.3/2011, though the original lodge register available, it was not sent to FSL.
35.The learned Special Public Prosecutor filed memo in Crl.M.P.
No.375/2018, stating that the original register pertaining to Azizia
Lodge,Nampally was seized under panchanama and the said original register was sent to FSL through learned I Additional Chief Metropolitan Magistrate Court,
Hyderabad. However, the said original register went missing and could be traced
in the court records and due to nonavailability of the original register,
photocopies of the relevant extracts were marked through witnesses in all the three cases.
36.Perused the original of Ex.P30 register, it would show that it is an original register maintained by the Azizia Lodge, and it is containing the stamp of
FSL evidencing receipt of the said original register by them under File
No.DOC/68/2009, and questioned signatures as Q1, Q.4 and Q.5, and also the 38 SC 1/2011 (Dilsukhnagar) signatures of the panchas evidencing seizure of the same from the Azizia Lodge at the instance of accused. There is also Inward No.22 evidencing receipt of the same by the learned I Additional Chief Metropolitan Magistrate, Hyderabad.
Under the said circumstance, no much weight need be given to the stray admission of PW.10 that the original of Ex.P30 register is with them, and contents of original register can be taken into evidence, and there is no force in the contention of the learned counsel for the accused No.2, that original register of Azizia lodge was not sent to FSL for opinion of Handwriting Expert. Further even on close perusal of xerox copy of register, it does not contain any seal of FSL or receipt of the said xerox copy and therefore the stand of the accused falls to ground.
37.The learned counsel for the accused vehemently contended that there is no reasoning given by the expert and hence the said opinion cannot be considered for arriving to any conclusion that the writings appeared in the register is that of accused No.2. He further contended that the writings as marked under
Q2 to Q.5 are not tallied with that of A.2. On this aspect, perusal of the expert opinion and the documents under original of Ex.P.30 and Ex.P30 shows that the
Expert while confirming that the signature appearing on the register is that of accused No.2, stated that the further writings of the accused No.2 is necessary to offer opinion about the writings. However, perusal of the above admitted writings one can come to conclusion that the person who wrote the admitted writings tried to disguise his original hand writing. In so far as the reasoning of the expert is concerned, perusal of Ex.P58 clearly shows that he has given good reasoning for signature marked as Q.1, and stated that the person who wrote the red enclose signatures and writings marked S1 to S57 also wrote the red enclosed signature 39 SC 1/2011 (Dilsukhnagar) marked Q.1. Even Expert is also confirming that the original register was received by him and he examined it. He further denied suggestion that he did not examine the original register.
38.From the above discussion, it can be safely concluded that the accused No.2 Anik stayed in the Azizia lodge from 23.07.2007 at 7.35 p.m, to 30.7.2006 till 4.10 p.m., and did not go back to Pune as informed to them and the said circumstance is supporting the version of PW.30 and PW.31. Accordingly this circumstance is proved.
39.The next chain of circumstance relied upon by the prosecution is that the accused after vacating the room at Azizia Hotel, he went to portion at
Banjara Nilayam. To prove the same, PW.34 is examined in SC 2/2011.
40.PW.34 (examined in SC No.2/2011) deposed that he retired as
Chief Engineer, Irrigation Department in the year 1985, he got two daughters and one son. Dr. Vasuda is his elder daughter, she was residing at Nizamabad along with her family. He was holding two flats in Banja Nilayam Apartments,
Habsiguda with Flat Nos. 102 and 302. He gifted both the flats to his daughter
Dr. Vasudha. He is looking after the said flats with regard to maintenance and also collecting rents. That in the Flat No 302, the tenants were vacated hence he gave paper publication calling the tenants in Deccan Chronicle in the month of
July 2007. On 30072007 one Satish contacted him through phone and met him at Secunderabad railway station, both they reached the said flat and he shown the flat for which he accepted on the rent of Rs. 4000/ PM and gave him total Rs.
12,000/ towards advance inclusive of two months advance and one month rent, and they entered into rental agreement and that the said Satish signed on rental 40 SC 1/2011 (Dilsukhnagar) agreement. Ex.P.30 is rental deed dtd. 30072007.
41.PW.34 further deposed that on 06082007 another person named
Vinod joined in the said flat along with Satish. On 09082007 also another person named Rajesh (A3) also joined in the same flat. The joining of said two persons also mentioned in rental deed. police called him to the said flat hence he went there and police conducted panchanama in his presence and seized rental deed from him. Ex.P.3 is the seizure panchanama dtd. 11022009 (marked in SC
No.2/2011) contains his signature and also others. One of his neighbours
Venugopal and Anik also signed on Ex.P.3.
In the cross examination (in SCNo.2/2011), this witness stated the police have shown the Satish and Vinod by giving their other names. Photographs of the said person was shown to him. He admitted that Ex.P3 was conducted by the police after showing the Satish and Vinod by giving their different names.
42.Ofcourse, this Court cannot rely up on the evidence of this witness (PW.34) because he has not been examined in this case. However, the evidence of PW.8. PW.15 & PW.16 is supporting the stay of accused No.1 & 2 as tenants in the flat No.302 and the same is corroborating to Ex.P24 original rental deed.
43.The learned Special Public Prosecutor submitted that the accused
No.1 & 2 were taken into police custody, interrogated and they lead the police to
Banjara Nilayam where they stayed during the month of August,2007 and the said place is shown to the Investigating Agency for the first time after the accused led them to the complex and showed them that they stayed in Flat No.302. He further submitted that Ex.P24 is the rental agreement with the owner of the flat.
The rental deed was seized under panchanama by PW.15 from the General Power of Attorney of owner (examined as PW.34 in SC No.2/2011),.
44.On this aspect, PW.9 deposed that in the month of August, one 41 SC 1/2011 (Dilsukhnagar) person by name Satish Gaiward came to his cable office Venkateshwara cable and asked for cable connection to flat No.302, Street No.8, Banjara Nilayam,
Habsiguda and identified the accused No.2 as the said person who introduced himself as Satish Gaikwad. He further deposed about handing over of Ex.P26 and
Ex.P27 to the police visited to their office along with accused. In the cross examination, this witness denied suggestion that Ex.26 and P27 are fabricated.
45.The learned counsel for the accused except taking a defence that the accused never visited Hyderabad, nothing elicited to disbelieve the entries in original register of Azizia Lodge and entering of rental agreement with the GPA holder of the Flat. Ofcourse the name of the tenant mentioned in Ex.P.24 is that of “Satish Gaikwad” but as per the evidence of prosecution, the accused No.2 stayed in the said flat by furnishing wrong name in the rental deed and in support of the same, they got marked identity card of accused No.2 having affixed photograph of accused No.2 on it with different name as “Satish Gaikwad” and the same was seized at the instance of the accused from the Banjara Nilayam, which is supported by panch witness; , and the same would only show that the accused No.2 stayed in Banjara Nilayam with different name as Satish Gaikwad and A.2 stayed with different name as “Vinod Patil”.
46.The learned counsel for the accused assailed the case of the prosecution on this circumstance that the original owner of the Flat No.302, is not examined in this case; and instead the owner, her father is examined in SC
No.2/2011 but not in this case. Even he identified Accused No.5 as if accused
No.2. He got marked Ex.D4 showing the name of Vasuda as owner of flat No.302.
It is true the flat stands in the name of Vasundara who is a daughter of this witness and hence she is not examined. At this stage the learned Public
Prosecutor strenuously argued that had Ex.P24 been fabricated document, it 42 SC 1/2011 (Dilsukhnagar) would have contained signature on each and every document. As it is an original document signature is obtained only on the last page of the document as there is no space on the bottom of the first three pages and it is seized in the presence of panchas under separate seizure. Therefore, this document cannot be doubted because it was seized from the possession of father of the owner. Moreover the accused No.2 obtained cable connection to this flat No.302 by furnishing wrong name under Ex.P26 and 27 supported by the evidence of of PW.8, PW.15 &
PW.16. So, these two circumstances are coinciding that A1 and A.2 stayed in
Flat No.302, at Banjara Nilayama prior to the date of incident and on the date of the incident. Of course, the father of owner of the flat is not examined in this case, but that does not by itself would not go to show that that A2 was not tenant at Flat No.302, Banjara Nilayam. This circumstance is also established beyond all reasonable doubt.
47.Purchase of material i.e. bags, batteries etc. by A1 and A2 prior to blasts.
In so far as the above circumstance is concerned, PW.12 deposed that from the year 2001 to 2010 he was doing business along with his brother Divyesh
Khodoria in the name of Max Mobile Accessories situated at Gujarati Galli, Bank
Street, Koti, Hyderabad. In the month of February 2009, some police officers came to his shop along with one person. Police enquired with him about the said person. Then he said that long time back, the said person along with another person purchased nearly twenty 9 volts batteries. He can identify those batteries.
MO.s 5 to 7 were shown to the witness and this witness identified that they are the same batteries sold to the said person. He can identify the person who purchased the batteries from him. A2 (Anik Shafiq Sayeed) was the said person.
43 SC 1/2011 (Dilsukhnagar)
The other person is not present in the Court but he stated that he can identify him, if seen.
48.During the course of cross examination, nothing was elicited to disbelieve his evidence. For the suggestion given by the defence counsel, the witness stated that “ I do not have any prior acquaintance with the above said accused prior to 2007”. So, this suggestion shows that from 2007 he got acquaintance. The said suggestion boomeranged neck of the accused. So, the further answer by the witness that he saw the accused for the first time in his shop for the first time in 2009 is nothing but stray admission and need not be given much importance in view of identifying the accused No.2 when he led the police and panchas to his shop.
49.“In so far as MO.,7 is concerned, the learned counsel for the accused No.5 and A6, vehemently contended that it is planted one and it contains the date of purchase on the bottom of the battery as October,2008 (102008),.
Per contra, the learned Public Prosecutor submitted that the said date is not the manufacturing date. However, it is general phenomenon that it will contain the expiry date but not the date of manufacture. Added to this, Ex.P44 reads as under:
“Now, I will also show the shops where I purchased the batteries that were used in Improvised Explosive Device, portable colour TV, cell phone and SIM card, I will also show the shops where I sold the colour TV and cell phone after the blasts.”
The above aspect is supported by panch witness PW.23. Therefore, there is no force in the contention of the learned counsel for the accused that MO7 is a planted one.
50.PW.14 deposed that he is running business of selling old Televisions 44 SC 1/2011 (Dilsukhnagar) by name Ganesh Electronics. In the year 2009 one police officer came to their shop along with others with a person. He questioned whether the said person purchased any T.V from him. He identified the said person and told that the said person purchased a T.V from him prior to Gokul Chat Blast. Witness identified the said person Accused No.2 (Anik Shafiq Sayeed).
51.This witness was cross examined by the defence counsel and nothing was elicited to disbelive his evidence. It is general practice that when old
TVs are sold, no bills will be issued to the customers.
52.So, it is clear that the accused No.2 purchased old T.V. from PW.90 prior to Gokul Chat Blast. The Purchase of material i.e. bags, batteries etc. by A1 and A2 prior to blasts, is clearly established by the prosecution and it is also one of the circumstances supporting the case of the prosecution and linking the chain of events.
53. Anik Shafique Sayeed (A2) found with a bag at Lumbini Park minutes before blast at Lumbini park.
54.PW.17 deposed that deposed that on 25.08.2007 he along with
PW.20 to Lumbini Park to watch Laser Show. They entered into the auditorium at around 7.00 pm. Himself and his friend sat in the middle seats of the auditorium ie., blue colour seats. Both of them sat in the middle seats of the auditorium ie., blue colour seats. They sat beginning of the said row of blue seats.
55.PW.17 further deposed that while they were sitting, one person height about 5.6” round face lean built came with a black colour bag hitting (trampling) his legs and he questioned him why he hit his legs. There was some 45 SC 1/2011 (Dilsukhnagar) conversation between him and the said person. At that time his friend also questioned him regarding the issue. The said person went and sat on the same row in the middle along with his bag. They were observing the said person and he is also observing them. After some time he kept the said bag on the seat and went away. The show started within 15 minutes of the show, and they heard a big blast sound in the same row. In the said blast so many people received injuries and they didn’t receive any injuries but their ears were blocked due to the said blast. People were shouting and running towards gate and they also ran and went away. He can identify the said person. He identified Accused No.2 (Anik
Shafiq Sayeed) in the court. They suspected the said person who was a reason for the blast and they went to Lumbini Park, there on their enquiry the staff at
Lumbini Park told that the police at Basheerbagh are looking the matter.
56.At this stage, the learned counsel for the accused contended that since it was a laser show, there was a dark and there was no possibility of these witnesses seeing the accused No.1 and identifying them. Close scrutiny of the evidence of PWs. 17 and PW.20 one thing is clear that just before the start of the show, at about 15 minutes, the accused No.2 had arrived and after 15 minutes show started. There may some variation of timings in the statements of witnesses of blast and start of show; but that would not go to the root of the case because all the witnesses have stated about occurring of blast during the laser show, and more over PW.20 clearly stated that the accused No.2 after keeping the bag left the place and PW.20 thought that he was reserving his seat and that’s why he did not question him or suspect him initially for keeping the bag.
57.PW.17 further deposed that then they went to Basheerbagh ie.,
Special Police Office and he informed the said incident to the police. Police 46 SC 1/2011 (Dilsukhnagar) examined and recorded his statement. Police asked him whether he can identify the said person. He informed them that he can identify the person. He gave descriptive particulars of the said person to the police in his statement. In the year 2009, he received summons to come to Cherlapally Jail for TI Parade. He went to Cherlapally Jail and met with Magistrate. Magistrate recorded his statement and he put his signature. Ex.P44 is the signature on the said statement recorded by the Magistrate. In Test Identification Parade, he identified A2 (Anik
Shafiq Sayeed) before the Magistrate.
58.This witness was cross examined by the learned counsel for the accused, and he stated that he did not state to the police in his statement under
S.161 Cr.P.C. specifically that they suspected the said person was the reason for the blast. He added that they went to Basheer bagh, I.e, Special Police Officer and informed the said incident to the police,. He added that he stated to the police that he can identify the person who kept the bag containing explosive materials on seat which exploded resulting in several deaths and injuries at Laser show, He denied suggestion that he did not go to Laser show at Lumbini Park on 25.8.2007.
He went to Lumbini park at about 6.00 p.m. They purchased ticket for laser show at about 6.30 p.m. About 1000 persons were in the show by the time they reached. They occupied the seat in laser show at about 7.00 p.m . Except the same nothing was elicited to disbelieve his evidence.
59.PW.20 deposed that he knows PW.17 who is his friend. On 25.08.2007 he along with his friend PW.17 went to Lumbini Park to watch Laser
Show. Around 06:30 or 07:00 PM after purchasing tickets entered into auditorium. They sat in blue seats middle of the auditorium. They were sitting one person came and stepped on PW.17 feet. On that they questioned and there was an arguments with the said person. As PW.17 did not know Hindi language as 47 SC 1/2011 (Dilsukhnagar) such he questioned the said person about stepping on his leg. Thereafter, the said person said sorry and sat in the same row at a distance. The said person around 5.5 height oval face. The said person was carrying a black colour back pack (college bag). He can identify the said person. The witness identified accused
No.2 (Anik Shafiq Sayyed) as the said person in the open court. The said person kept the said bag on the seat and left away, and that they thought that he might have kept the bag for reserving his seat.
60.In the cross examination, this witness stated that accused No.2 kept bag in the seat and left away. They thought that he might have kept the bag for reserving the seat. Laser show started after 20 minutes after he went inside. All the lights were dim when the show started. He did not give any report in writing to the police against person who found with black bag. They were asked at Laser show to go to Special Police, Basheerbagh to give statement after three days from the incident. The same was not stated in his statement to the police. He denied suggestion that he did not go to laser show and did not observe any blasting. He admitted that he did not state before the police in his statement under 161 Cr.P.C that he questioned the accused as PW.17 did not know Hindi and that after blasting they were shocked and their ears were blocked and that after reaching his house he came to know that the bomb blast occurred in Gokul Chat and Lumbini
Park and that after two days himself and PW.17 voluntarily went to Lumbini Park and they were directed to go to Special police at Bashder Bagh.
61.The learned counsel for the accused firstly argued that the duration of the laser show is only 30 to 35 minutes as per injured witness. .whereas the witness PW.17 stated that the laser show starts at 7.00 and ends at 9.00 p.m, and the defence counsel tried to take advantage of the said statement. But it is in common knowledge of every one that show starts at 7.00 p.m, and ends at 9.00 48 SC 1/2011 (Dilsukhnagar) p.m, and there will be two shows on week ends, I.e, the first show begins at 7.15 and second show at 8.30 p.m, and therefore, there is no ambiguity in the evidence given by the above said witness. The defence counsel nextly argued that the
PW.46 Investing Officer stated that the distance between one row to another row is 6 to 7 feets and if that is true there is no scope for trampling of feet of any person sitting in the row but perusal of Ex.P87 (marked in SC 3/2011) bunch of photos shows that it may be true that the distance between one row to another row is six feet, but seats are fixed and the persons sat in their seats, the gap between the seats reduces because of the sitting postures of persons of both rows and built of the body of the persons sitting in the row and it may reduce the distance of free movement between the rows. Therefore, there is no force in the contention of the accused that there is no scope for A1 to trample the feet of this witness.
62.Explosions taking place after Anik Shafique Sayeed left leaving the bag on the seat as witnessed (PW17 ) and (PW 20 ).
63.PW.17 deposed that after some time one person kept the said bag on the seat and went away. Later the show started, within 15 minutes of the show they heard a big blast sound in the same row. He identified the accused
Anik Shafiq Sayeed (A2) as the said person who kept the bag.
64.PW.20 deposed that said person was carrying a black colour back pack (college bag) identified him as accused (Anik Shafiq Sayyed) as the said person who kept the said bag on the seat and left away, and that they thought that he might have kept the bag for reserving his seat.
65.The learned defence counsel raised a contention that PW.17 stated that if there is any luggage it will be checked. If that is so, the story of the 49 SC 1/2011 (Dilsukhnagar) prosecution can be belied. On the other hand, the learned Special Public
Prosecutor strenuously argued that the security working in that laser show are on the contract basis and there was no metal detectors installed at that time to detect any mischievous material . Even otherwise, how an explosive entered into the laseriusm show is not in much dispute even according to the defence counsel, because the defence is not denying the blast and consequences of the blast.
Therefore, raising a contention that Accused No.2 did not take the explosive bag into the lasereium does not have legs to stand.
66..Akbar Ismail Chowdary (A1) found at Dilsukhnagar around 7.30 PM, placing bag and leaving on same day i.e, 25.8.2007.
And
67.Bomb found in the bag placed/hung by Akbar (A1) to the vehicle of (PW5), which was defused 68PW.2Inspector of Police, Traffic PS Malakpet, deposed PW.3, PW.6,
PW.4 were worked along with him in the year 2007. On 25.08.2007 at about 7.00 pm, he received instructions through VHF set from their Addl. DCP Traffic regarding traffic congestion at Dilsukhnagar near Venkatadri Theatre service road as well as foot path. Immediately he instructed Pw.2 and his staff ie., PW.6,
PW.4 reached Venkatadri theatre service road and started removing the encroachments on foot path near foot over bridge down stairs. He instructed
PW.3 to remove the parked two wheelers on service road infront of Venkatadri theatre upto J.C brothers shop and he booked 15 cases under Section 39(B) CP
Act vide Crime No.s 800/2007 to 814/2007. Mean while PW.3 had removed two wheeler vehicles which were parked on service road with the help of Crane Mobile staff. He booked no parking cases against the two wheelers found within the 50 SC 1/2011 (Dilsukhnagar) above stretch.
69.PW.2 further deposed that while he was booking the petty cases and removing the encroachments the SI of Police PW.3 informed him that when he booked a motor cycle for the offence of no parking namely PW.5 had handed over one black colour shoulder bag to him. The SI of Police handed over the said bag to PW.4Home Guard. He further deposed that when he asked the SI of
Police to show the bag the SI of Police gave it to him. Then he opened the bag and found one parcel appears to be a gift pack with gold cover package and that he tried to pull the gift pack and found two detonator wires connecting to the said gift pack from the bottom of the bag which was concealed. By that time he heard the bomb blast incidents at Lumbini park and Gokul Chat Bandar. He noticed the detonator wires and he suspected the pack might be a explosive item.
Immediately he handed over the bag to the Home Guard (PW.6) and instructed him to take the bag from the crowded place to an isolated place in between
Gaddianaram to Mossarambagh Junction. As per his instructions PW.6 took the bag on Crane mobile van and kept at the place between Gaddianaram and
Mossarambagh junction. He along with his staff followed the said mobile van and cordoned the entire area to avoid general public movement and informed the same to Traffic control room and to his superior officers and requested them to direct the bomb disposal squad to the spot. This happened in between 7.30 and 8.30 pm.
70.PW.2 further deposed that then he along with his staff regulated the traffic by diverting in contra lane system ie., one way and they were controlling the traffic. The bomb squad consisting PW.25 and the team members reached the spot at about 10.00 pm and asked every one to keep away from the spot. They defused the bomb by 10.20 pm and they took the photographs. There he noticed 51 SC 1/2011 (Dilsukhnagar) the explosive substance with iron balls, two detonator wires, some batteries, wooden box, time piece fixed as 10.35 and other related items.
71.PW.2 further deposed that he can identify the said items. MO.1 is the wooden box. MO.2 is time piece. MO.3 is detonator wires (in a stapled cover along with stamp with PI No.52/2009). MO.4 is iron balls (containing FSL seal
No.CHE/386/07). MO.5 is 9 volts battery (with FSL seal No. CHE/386/07).
MO.6 is Eveready Battery (with FSL seal No. CHE/386/07). MO.7 is detonator wire along 9 volts battery (with FSL seal No. CHE/386/07). MO.8 is circuit (with
FSL seal No. CHE/386/07). MO.9 is electrical tape for keeping MO.s together.
MO.10 is gold colour packing cover. MO.11 is the packing paper. Ex.s P1 to P16 are the photographs taken at scene of offence after defusing the bomb by the bomb squad. PW.26 took the photographs. Ex.P9 photograph consists time fixed
as 10.35 pm.
72.PW.2 further deposed that thereafter, he went to Malakpet Police
Station and gave a written report to the police. Ex.P.1(A) is the report (Subject to objection as it is attested xerox copy).
73. PW.2 further deposed that SI of Police Madhava Reddy, PS
Malakpet rushed to Dilsukhnagar, near Venkatadri threatre service road where bag was handed over by the Motor Cyclist to our SI of Police. The said SI of
Police conducted scene of offence observation panchanama and rough sketch in the presence of panchayatdars at around 10.45 pm. Thereafter, he took the said
SI of Police to the place where the bomb was defused by the bomb squad and the said SI of Police conducted scene of offence panchanama and rough sketch. At that time the said SI of Police collected the said MO.s 1 to 11 and some other items. At that time with the help of bomb squad he took the photo graphs under
Ex.s P1 to P16. Ex.P17 is the scene of offence panchanama at Venkatadri theatre 52 SC 1/2011 (Dilsukhnagar) where the bag was handed over to the SI of Police. Ex.P18 is the rough sketch.
Ex.P19 is the panchanama conducted where the bomb was defused. Ex.P20 is the rough sketch. Thereafter, he went to PS Malakpet along with the said SI of Police and there his statement was recorded by the said SI of Police. Subsequently, on 23.12.2008 his statement was recorded by Police Octopus.
74.This Witness was cross examined by the defence counsel. He stated that after 10minutes from their reaching to the scene of offence, the bag was handed over to him PW.2 and it was around 10.30 P.M. He denied suggestion that he was not at all on duty on that day and no bag was handed over to him by
PW.3 and that no such material objects were recovered in his presence and he lodged false complaint. There may be some minor discrepancies in the evidence of PW.2 but that would not go to the root of the case.
75.PW.3 the then Sub Inspector of Police, Traffic PS Malakpet, Hyderabad deposed corroborating the evidence of PW.2. He deposed that while he was booking illegal parking cases, one young man came and hanged a black colour bag to one motor cycle and he noticed the said person and asked his home guard
PW.4 to call the said person. While they were calling the said person without giving any response went towards Malakpet. At that time one person aged about 22 yrs came to him and introduced himself as PW.5 . The said person requested him not to challan him for wrong parking. Even though he wrote challan for
Rs.50/ and he paid the said amount. Thereafter he allowed the said person to take the vehicle. While he was taking the motor cycle he handed over the black colour bag by saying someone hanged the bag to his motor cycle and went away.
76.PW.3 further deposed that he called his home guard (PW.4) and asked him to take the bag, then he informed to his Inspector PW2, and then 53 SC 1/2011 (Dilsukhnagar)
Inspector PW2 opened the said bag and found one gold colour covered gift pack inside the bag and observed some conductor wires. Pw2 suspected that it may be a bomb because by that they received information that bomb blasts were taken place at Gokul Chat and Lumbini Park, and they strongly suspected it might be a bomb.
77.PW.3 further deposed that then Pw2 handed over the bag to the
PW.6 (Home Guard) and asked him to shift the bag to isolated place and on that
PW.6 kept the bag on a crane and moved towards Moosarambagh and they also followed that vehicle and stopped at Gandiannaram which was isolated and kept the bag there. Thereafter they cordoned the area and regulated the traffic. their
Inspector PW2 informed to higher officials and Control room to send bomb squad. At 1000 pm, the bomb squad reached scene of offence and defused the said bomb. He can identify the person who kept the bag on motor cycle. The witness identified the accused A1 as the person who kept the bag.
78.PW.3 further deposed that thereafter he along with his Inspector PW2 went to Malakpet Police station and PW2 lodge a complaint with them.
Thereafter he was examined and recorded his statement. Thereafter Octopus police recorded his statement on 23122008. Mos 1 to 11 are the bag and its contents and corresponding photographs are Exs.P1 to P16.
79.In the cross examination he denied suggestion that he did not state in his 161 Cr.P.C statement that at that time one person aged about 22 years came to him and introduced himself as PW.5. After taking the said bag he made first interaction with PW.2. He stated to PW.2 that he saw the particular person who kept the said bag. He denied suggestion that he did not see the said person and he did not state to PW.2 about him.
80.PW.4 (Home Guard) deposed that in the year 2007 he was working as 54 SC 1/2011 (Dilsukhnagar) home guard in traffic police station Malakpet. He knows Pw2 and 3 who are his
Inspector and SI of police. PW.6 was his colleague home guard working along with him. That on 25082007 he along with PW2, PW3 and PW.6 and other staff went to Foot over bridge near Venkatadri theater opposite to J.C. brothers it is a service road to regularize traffic to remove encroachments and to remove vehicles in no parking board. He was performing his duties along with PW3. His
SI writing challans on no parking vehicles. At that time one person, the said person is tall like him and height of witness is 5.9 inches, medium complexion in colour. The said person kept black colour bag to the motor cycle and going. At that time PW3 asked him to call the said person and he called the said person without listening to his works and went towards Malakpet. The said person is identified as Accused no.1.(Akber Ismail Choudary)
81.PW.4 further deposed that at that time while they were trying to remove the vehicle one person came from J.C.Brothers and said that the said vehicle belongs to him. After paying the challan the said person handed over the black colour bag to their SI stating that the bag does not belong to him and one person kept the bag and went away. PW3 handed over the said bag to him and in turn he hand over the said bag to their Inspector PW2. His Inspector opened the bag and he noticed some wires in the gift bag and he suspected it might be a bomb. In the meanwhile they received information about the bomb blasts occurred at Lumbini park and Gokul chat bandar. Then the said was shifted by
PW.6 in a van towards Gaddiannaram where it was kept in isolated place.
82.PW.4 further deposed that PW.2 informed to higher officials and bomb squad. Later, bomb squad came there and defused the said bomb. This happened in between 7.30 pm and 10.30 pm. Police examined me and recorded his statement and he was also examined by Police Octopus. Thereafter, he 55 SC 1/2011 (Dilsukhnagar) received summons in the month of February 2009 to come to Cherlapally jail for
TI Parade. Then he went to Cherlapally jail for TI Parade where Magistrate examined him and recorded his statement during TI Parade. Ex.P21 is his signature on the said statement. He identified accused A1 in the TI Parade proceedings.
83.PW.4 in his cross examination stated that they were in front of JC brothers in the service road, and there were illegal parking in both sides of service road in front of JC brothers. Around 7.45 p.m, they gave challan to Pw.5. He has no idea since how long the said vehicle was parked. After 5 to 10 minutes, PW.5 came to the vehicle from putting the bag on that vehicle. They never picked up the bag from the vehicle even though they were lifting the said vehicle. Challan was affixed to the said vehicle before lifting it. The said vehicle was parked opposite to JC brothers. The said area was very crowd during that period. He was at the distance of 20 feet when he saw the said person while he was keeping the bag on motor cycle. He gave descriptive particulars as one tall man about accused.
84.PW.6 Mohan Lal (Home Guard) corroborating the evidence of Pws.
2 to 4, deposed that on 25.08.2007 at around 7.00 pm on the instructions of
PW.2 we ie., PW.3, PW.4 and other staff went to foot over bridge, Near
Venkatadri theatre, Dilsukhnagar to sub road to clear encroachment on foot path and removing wrong parking vehicles. Their Inspector of Police PW.2 looking after encroachments on foot path and he was booking cases. PW.3 was writing challans for no parking vehicles infront of JC Brothers shopping mall. That when
PW.3 SI of Police was writing fine to vehicles one person came and paid compounding fine. After that the said person handed over one black colour bag to
SI of Police PW.3 stating that one person kept the said bag to his motor cycle 56 SC 1/2011 (Dilsukhnagar) handle and went away. PW.3 handed over the said bag to PW.2. Then PW.2 opened the black colour bag and he found one yellow gift pack inside the bag.
When he tried to open the said pack, he noticed two wires in the said pack and he suspected to be a explosive.
85.PW.6 further deposed that Pw.2 instructed him to put the said bag on crane and asked him to take it to a isolated place. As such they took the bag to
Gaddiannaram where there were no public. He kept the said bag there. After that they all diverting the traffic to avoid any incident. Thereafter, bomb squad arrived there at about 10.00 pm and they defused the said bomb by 10.20 pm.
Police examined him and recorded his statement. Again in December 2008 police
Octopus examined him and recorded his statement. He can identify the said black bag. Ex.s P12, P13 and P16 are the photographs of the said bag. Though there are certain omissions but it would not go to the root of the case as they are not material.
86.PW.6 in his cross examination denied he was not on duty and he never saw black bag. The minor discrepancies pointed out in the evidence of PW.6 would not go to the root of the case.
87.Corroborating the evidence of Pws.2 to 4, PW.5 deposed that Pw.1 is his close friend. In the year 2007 he used to work as 3D Animator and he used to stay at Krishna Nagar. On 2582007 he took a pulsar motor cycle bearing No. AP 28 AR 9451 from his friend to distribute the marriage cards of his brother. He distributed the cards upto 4.00 or 5.00 pm. Thereafter, he went to JC Brothers near Venkatadri theater at Dilsukhnagar and kept his vehicle infront of JC
Brothers and went into JC Brothers along with his family members. Upto 7.30 pm they were doing shopping in JC Brothers. While he was getting down of JC
Brothers, he noticed one person hanging a black colour bag to the handle of his 57 SC 1/2011 (Dilsukhnagar) vehicle. Ex.s P12, P13 and P16 are the photographs which are showing the said bag. The height of the said persons is around 5.9” ft and he was medium complexion in colour and well built.
88.PW.5 further deposed that by seeing that he rushed to his vehicle there police people were writing challans for the vehicles parked was no parking zone. His vehicle also parked in “No Parking zone”., and that he requested SI of
Police not to write challan even though the SI of Police written challan and that he paid Rs.50/ fine to the said SI of Police. Then, he handed over the said Bag to the SI of Police stating one person kept his bag to the handle of his motor cycle.
PW.5 identified the said person who kept the bag to the handle of his vehicle as accused No.1
89.PW.5 further deposed that in the month of December 2008, Police Octopus examined him and recorded his statement. After two months ie., February 2009 he received summons to come to Cherlapally for TI parade and he identified the
A1 during the TI parade conducted by Magistrate in Central Prison, Cherlapally.
Ex.P22 is his signature on his statement recorded by the Magistrate during TI parade.
90.In the cross examination of this witness, he stated that he parked the vehicle opposite to JC brothers in service road towards main road side and handle of the vehicle was facing towards JC brothers. Several vehicles were parked in parallel lines. His vehicle was parked at a distance of 100 feet from JC brothers.
He denied suggestion that since all the vehicles were parked in parallel line and so he cannot identify the vehicle on which the bag was kept. Police did not lift his vehicle till his arrival there and thereafter also. By the time of his arrival the challan was already prepared and kept on the vehicle. He denied suggestion that he did not state to the police in his statement to the police of SIT and OCTOPUS 58 SC 1/2011 (Dilsukhnagar) that while he was getting down from JC brothers he noticed one person who was hanging a bag to his vehicle.
91.PW.32 K. Ajith Simha Rao, I the then VII Metropolitan Magistrate,
Hayatnagar deposed that during the course of his tenure as VII Metropolitan
Magistrate, the Chief Metropolitan Magistrate, CyberabadcumI Addl. Senior Civil
Judge, R.R. District at L.B.Nagar, in his proceedings Dis. No.53/09, dt.07022009
appointed him to conduct Test Identification Parade in Cr. No.2/2008 of
OCTOPUS police, Hyderabad. That in pursuance of the same Inspector,
OCTOPUS, Hyderabad filed requisition before him to hold TIP of the A1 Akbar
Ismail Chowdary. Accordingly he issued proceedings and summons to the witnesses, he also addressed a letter to Superintendent, Central Prison,
Cherlapally for holding TIP on 09022009. He commenced TIP after following due procedure. Pws.3 to 5 identified suspect as Accused No.1 (Akbar Ismail
Chowdary). Proceedings of TIP conducted by him on 09022009 along with statements of witnesses and also the statement of Akbar Ismail Chowdary which is
Ex.P52, containing 6 sheets. Ex.P53 is the list of nonsuspects.
92.In the cross examination, this witness stated that he asked the witnesses about descriptive particulars and the same are mentioned in Ex.P53. He stated that in the statements of witnesses the descriptive particulars of suspects were not mentioned which is in Telugu. In his proceedings also, he did not mention the descriptive particulars of the suspects which is in English language.
In view of the above, it is pertinent to refer to the proceedings of TI parade which is marked as Ex.P52. At page No.2, at para5 it is mentioned as under:
“Then I selected 6 nonsuspects who are of similar age, height, complexion, general appearance and position in life as that of suspect to put them as nonsuspects in parade. I asked my attendar Sri C. Ramesh, who accompanied 59 SC 1/2011 (Dilsukhnagar) me to see that witnesses cannot see the place of parade” “The suspect stood at position No.2 from left to right. I expressly asked the suspect that he got any objection to the persons present in the row with him or the arrangements made. He stated that he had no objection:
From the above, the accused No.1, is is clear that the accused No.1 had no objection for the selection of nonsuspects and the arrangements made in the TI Parade, and so it shows that the learned Magistrate followed Rule 34 of
Crimninal Rules of Practice while conducting TIP. Even, otherwise the identification of accused in the Court is to be considered as per the settled law in the later part of the judgment.
93.PW.1 deposed corroborating the evidence of PW.2 that he gave his bike bearing No.AP28AR9451, black colour Pulsar to PW.5 for his brother's marriage occasion.
94.Nothing was elicited from this witness with regard to giving of his vehicle bearing No.AP28AR 9451 to PW.5.
95.From over all perusal of the evidence of the above witnesses, it is clearly coming out that the accused No.1 was the person who had hanged MO.32 bag containing Improvised Explosive Device (Time Bomb) to the vehicle of PW.1 used by PW.5 on the date of incident, viz. 25.8.2007 at about 7.30 p.m infront of
JC brothers, near foot over bridge, Diluskhnagar, Hyderabad.
96.Bomb placed in Gokul chat bhandar which exploded on 25.08.2007
97.Riyaz Baktal (absconding) who is shown as accused No.3 in this case (SC 3/2011) is also involved in SC 2/2011, and in that case he was shown as accused No.3 for placing bag containing IED bomb in Gokul Chat Bhander at Koti,
Hyderabad and it was established in that case. Therefore, no discussion is 60 SC 1/2011 (Dilsukhnagar) necessary on this circumstance in this case as the registration of crime against the accused itself is another circumstance linking the accused to the commission of offence.
98.Blast remnants containing Ammonium nitrate.
PW.45 U. Ram Mohan deposed that he has been working as
Incharge SP, Cyber Crimes, CID, Hyderabad since 2011. Previously he worked as
Explosives Expert and Cyber Crime Expert in Forensic Science Laboratory (FSL) from 1988 to 2008 except one year he worked in United Nations at Kosovo as
Forensic Chief. He studied M.Sc in Statistics and PGDCS as his education qualifications and was trained in the department on bombs and Explosives with institutions like Controller of Explosive, Border Security Force, National Security
Guards, New Scotland Yard Police U.K.
99.He further deposed that he defused more than a lakh bombs of different types including detonators and attended crime scenes of explosions in various states of India to process the crime scene and to identify the bombers signature which means the similarities identified with the bombs and exploded remnants and which will be compared to identify the type of bomb how it is manufactured whether it is improvised explosive devise or mixture of chemicals etc.
100.He deposed that on 25.08.2007 around 8.00 pm, he attended a crime scene wherein explosion has taken place in Lumbini Park area. Later, attended another crime scene in Gokul Chat around 10.30 pm and came across information related to one unexploded bomb defused in Malakpet Area. On 12.09.2007 their office received a sealed parcel in Crime No.255/2007 of PS
Malakpet with forwarding letter No. 1259/OW/MKPDIVN/2007, dt.26.08.2007.
61 SC 1/2011 (Dilsukhnagar)
Wherein 13 items of defused bomb were received which are marked as MO.s 1 to
11. The item No.3 and 3(A) of his opinion is destroyed by him in the interest of public safety. Ex.P48 is the report and opinion given by PW.27.
101.PW.45 further deposed that based on Ex.P48, he offered his opinion that the items coupled with chemical analysis report, item No.3 is Ammonium
Nitrate emulsion explosive of ClassII, connected to ClassVI division – 3 electric detonators, items No. 5, 6 and 9 are related to clock mechanism with two wires connected to alarm buzzer, item No.s 7 and 8 are 9V flat batteries, item 4 metal balls, item No.2 a wooden box and item No.1 is a carry bag. The above items form an Improvised Explosive Device known as Time bomb in which chain of detonation includes, 1) Explosive Charge (item No.3), 2) Detonators, electrical (Item No.3(A)), 3) power source (Item No.7 and 8), 4) Clock Mechanism (Item
No.5, 6 and 9), 5) Container (Item No.2), 6) Metal Balls (Item No.4), 7) bomb carrier (Item No.1), 8) bomb concealers (Item No.s 10, 11 and 13), 9) Explosive
Wrapper (Item No.12) (Items No.1 to 13 referred herein correspond to MO.s 1 to 11)
102.PW.45 further deposed that the above type of IED can endanger human life on explosion. The items are found to be similar mentioned in Ex.P58.
After he formed his opinion the same was approved and forwarded by Joint
Director, APFSL. His opinion forms part of Ex.P48 which is marked as Ex.P48A.
Ex.s P1 to P15 are the photographs of items received under items No.1 to 13 as mentioned in Ex.P121. PW.45 further deposed that further received a sealed cardboard box on 11.09.2007 by their office in Crime No.97/2007, CCS, DD,
Hyderabad with letter No. 97/CR/CCS, DD/2007 dt.11.09.2007. MO.s 21 to 26 (marked in SC No.3/2011) were examined by chemical analysis department and forwarded the report to him for offering his opinion. He examined the items at 62 SC 1/2011 (Dilsukhnagar) crime scene in Lumbini Park on 25.08.2007, on the basis of material received in the office he offered his opinion in Ex.P91 (marked in SC No.3/2011).
103.PW.45 further deposed that his Opinion is Item No.s 1 to 5, 7 to 14 are affected by the explosion of Improvised Explosive Devise (Time bomb) in which chain of detonation includes Ammonium Nitrate Emulsion as explosive charge, electric detonator as initiator, metallic balls as splinters (Item No.2, 7a to 7f), container pieces (item No.7g, 5), clock mechanism (Item No.5), concealer (Item No.5), IED carrier, black colour bag pieces (item No.4), power source (Item
No.3). The above items are similar to the materials in our report CHE/378/2007 and CHE/386/2007 (Items No.1 to 14 referred herein are corresponding to MO.s 21 to 26.
104.Pw.45 further deposed that while he was in the Crime Scene at
Lumbini Park, information came that there was explosion in Gokul Chat also.
They rushed to the Crime Scene at Gokul Chat around 8.30 pm along with Clues
Team. On 06.09.2007 their office received sealed cardboard box in Crime
No.220/2007 of PS Sultan Bazar with letter No. 31/ACPSBR(D)/2006 and No.
220/CR/PSSBR/2007, dt.28.08.2007. The items No.1 to 35 mentioned (original marked in SC No.2/2011 as Ex.P69) correspond to MO.s 9 to 37 (marked in SC
No.2/2011). His opinion is part of Ex.P69 (original marked in SC No.2/2011).
Ex.P69A is the opinion forming part of Ex.P69 (original marked in SC
No.2/2011).
105.PW.45 further deposed that his opinion is based on visit of crime scene and examination of above items found that item No.s 1 to 35 are affected by the explosion of Improvised Explosive Devise (time bomb) in which chain of detonation includes Ammonium Nitrate emulsion as explosive charge electric detonators as initiators metallic balls as splinters (Item No.s 2, 8), pieces of 63 SC 1/2011 (Dilsukhnagar) container clock mechanism (Item No.4), power source (item No.6) IED carrier bag (Item No.1). The above materials are similar to the material in CHE/386/2007 and CHE/383/2007. Their FSL procedures, processes, equipment, expertise and
Administration is certified by National Board of Accreditation of Testing
Laboratories (ISO17025).
106.The learned defence counsel raised a contention that this expert the evidence of PW.92 is contrary to the evidence of PW.75 and two experts did not give any reasons and therefore their expert opinion cannot be considered. In the light of the above said contention, perusal of the expert opinion under Ex.P48, the nature of examination and tests conducted and about physical examination of the material objects under chemical tests etc, are clearly stated , and report concludes that :
FSL Report dt. 13.10.2007, PS Malakpet
Based on his examination of material objects coupled with chemical analysis report he was of the opinion that Item No.3 is Ammonium Nitrate emulsion explosive of classII, connected to classVI, div3 electric detonators, item No.s 5, 6 and 9 are clock mechanism with two wires connected to alarm buzzer, item No.s 7 and 8 are 9V flat batteries, item
NO.4 metal balls, item No.2 is a wooden box and item No.1 is a carry bag.
The above items forms an Improvised Explosive Device (IED) known an Time bomb in which chain of detonation includes.
1Explosive ChargeItem No.3 2Detonators, electricalItem No.3A 3Power SourceItem No. 7 & 8 4Clock Mechanism (timer)Item No.s 5, 6 and 9 5ContainerItem No.2 6Metal Balls (splinters)Item No.4 7Bomb CarrierItem No.1 8Bomb ConsealersItem No.s 10, 11 and 13 9Explosive wrapperItem No.12 64 SC 1/2011 (Dilsukhnagar)
The above type of IED can endanger human life on explosion. The chemical detonators in item No.s 3 and 3A are destroyed by him in the interest of public safety. The items in CHE/383/2007, CHE/378/2007 are found to be similar with above type of IED explosion. The photographs images the IED are given in AnnexureI
FSL report dt. 13.10.2007, PS Sultan Bazar
Based on his visit to scene of offence along with City Clues Team on 2582007 about 10.30 pm and based on the above examination, He was of the opinion that item No.s 1 to 35 are affected by the explosion of
Improvised Explosive Devise (Time bomb) in which chain of detonation includes Ammonium Nitrate emulsion as explosive charge electric detonators as initiators metallic balls as splinters (item No.s 2, 8) pieces of container clock mechanism (item No.4), power source (item NO.6) IED carrier bag (item NO.1)
The above items are similar to the material in CHE/386/2007 and
CHE/383/2007 (in respect of material seized at Gokul Chat and
Dilsukhnagar).
107The material seized at all four places viz., Gokul Chat, Lumbini Park,
Dilushknagar and Banjara Nilayama are similar and corresponding to each other.
Therefore there is no force in the contention of the learned counsel that there are no reasons given by the experts for giving their opinion.
108.Deaths of several persons and injuries at Lumbini park and
Gokul chat bhandar.
There is no dispute with regard to the death of the persons and receiving of injuries to the persons at Lumbini Park and Gokul Chat Bhandar vide
SC No.3/2011 and SC 2/2011.
109.Arrest of accused in Mumbai cases for terror related offences :
PW.38 – B. Wilson deposed that he retired as DSP, Vigilance and 65 SC 1/2011 (Dilsukhnagar)
Enforcement Department, Kurnool in the year 2017. Previously he worked in SIT as ACP from 31122007 to November, 2009. On 21012008 he took up investigation in Cr. No.97/2007, 98/2007 and 99/2007 on the memo of the then
DCP, DD he gone through the entire CD file and relevant documents which was handed over to him by Shaik Bahadur, ACP and found the investigation on correct lines. On 24092008 and on 25092008 he noticed news and print media and electronic media some terrorists were arrested by Mumbai police in their cases and some of them suspected to have involved in Hyderabad blast cases. On 06 102008 Joint CP, Crimes, Mumbai released a press statement that they have arrested terrorists in their cases and some of them are suspected to have involvement in Hyderabad blast cases. On 07102008 he along with his team i.e.
Inspector Madhukar Swamy and others proceeded to Mumbai for further investigation in this case. On 21102008 he met the addl. CP, Crimes, Mumbai and Addl. CP, Crimes, Mumbai handed over a letter to him mentioning four names of terrorists who are involved in Hyderabad blast cases and he addressed a letter to CP, Hyderabad i.e. Ex.P109 is the attested copy.
110.PW.38 further deposed that he submitted a requisition to
Addl. CP, Crimes, Mumbai to furnish the FIR and all other relevant documents of their case in which the accused were arrested i.e. Cr. No.152/2008 of Matunga
PS, Mumbai. After obtaining the FIR and other relevant documents he returned to
Hyderabad.
111.Intimation of Mumbai Police to Hyderabad about the alleged
involvement of accused in Hyderabad blasts and brining the accused from
Mumbai
112.PW.38 deposed that on 8.10.2008 Joint Commissioner of Police,
Crimes, Mumbai released press statement that they have arrested terrorists in 66 SC 1/2011 (Dilsukhnagar) their cases and some of them are suspected have involved in Hyderabad blast cases. On 7.10.2008 he along with his team i.e, Inspector Madukhar Swamy and others proceeded to Mumbai for further investigation in this case. ON 21.10.2008 he met Addl.CP Crimes, Mumbai and Addl.CP crimes, Mumbai handed over a letter to him mentioning four names of terrorists who are involved in Hyderabad blast cases and he addressed a letter to Commissioner of Police, Hyderabad i.e,
Ex.P.109 attested copy.
113.PW.38 further deposed that On 24102008 he filed a requisition
before the XII ACMM, Hyd. along with FIR, remand report and other documents
of Cr. No.152/2008 to issue PT warrants against the accused Mohd.Akbar Ismail,
Mohd.Anik Shafiq Sayeed, Sadiq Israr Ahmed Shiak, Ansar Ahmed Badsha Shaik.
On 24102008 the XII ACMM returned his requisition as confessional statements of accused were not enclosed. PW.38 further deposed that on 03112008 he deputed Madhukar Swamy, Inspector (PW.39) and staff to proceed to Mumbai obtained the CC of confessional statements of accused persons in Cr.
No.152/2008. On 04112008 he received a fax message from ACP, DCB, CID,
Mumbai stating that the confessional statements submitted in Special Court under
MCOCA in a sealed cover and the said accused are lodged in Central Prison,
Arthur Road, Mumbai. Enclosing that fax message again he filed a requisition
before the XII ACMM for issuance of PT warrants against accused. On 10112008
PT warrants were issued by XII ACMM, on that day he addressed a letter to CP,
Hyderabad to provide escort party to proceed Mumbai to bring the accused/.
114,At this stage, the learned counsel for the accused contended that without any material the present accused are involved in this case. The PT warrant was issued without verifying the records of confessional statements of accused allegedly given by the accused to the Mumbai Police. It is settled law 67 SC 1/2011 (Dilsukhnagar) that PT warrant can be issued , if a prisoner lodged in one jail has to be taken to another city for enquiry, trial or other proceedings in another case, the court's permission is needed. The court gives what is called a Prisoner’s Transit warrant.
When this is shown at the jail by the police, the prison authorities hand them over to the police who take the prisoner, accused in another case/cases presented
before a judge in another city. In the present case on hand, the Court gave
permission under Ex.P64. Of course the confessional statements were not submitted because they were in sealed cover as per Section 19 of MCOCA , as per the version of the above witness. Therefore, there is no illegality in obtaining or issuing the PT warrant(detailed discussion given in later part of the judgment, at para 208 of this judgment).
115.Confession of Anik Shafique Sayeed and Akabar Ismail
Chowdary and recovery
116.PW.22 deposed that on 10022009, their MRO informed him that he should go to Octopus Office at Begumet and meet DSP Satyanarayana. On 11 022009, accordingly he went to Octopus Office where seven police men, B.
Srinivas (LW.49), and three accused persons were in their custody. The accused confessed to have committed bomb blasts and informed them that he will take them to places where they stayed, studied and other places if the police accompany them. The witness identified the accused No.1 (Akber Ismail
Chowdary) and Accused No.2 (Aniq Shafiq Sayyed) as the two accused who were in the Octopus Office.
117.PW.22 further deposed that accordingly, a panchanama was drafted and whatever the accused stated was typed and printouts were taken. Himself, his colleague V. Srinivas (LW.49)DSP and the accused signed in the said panchanama. Ex.P.43 is the above admissible portion 68 SC 1/2011 (Dilsukhnagar)
118. PW.22 deposed that after recording the confessional statements of both of the accused No.1 and 2, the accused led them to Banjara Nilayam apartments, Street No.8, Vivekanandanagar, Habsiguda where they stayed during
August, 2007.
119.PW.22 deposed that both the accused led them to Banjara Nilayam at Kachiguda, St. No. 8 and informed them that they stayed in Flat No. 302 in the apartment building.
119.PW.46 deposed that after recording the confession of accused No.1 & 2 they lead them to Banjara Nilayam apartments, Accused No.2 Anik went into duct of the building at ground floor from flat No.1 and brought out one plastic cover in which Mos.24 to 31, three electric detonators of APEL company connected with fuse wire, Ex.P34 ID card of Accused No.2 with name mentioned as Satish Gaikwad), Ex.P32A, Ex.P26. The said material objects and documents were seized in the presence of PW.22 and V. Srinivas (LW.49). The said panchanama is Ex.P41.
120,PW.46 further deposed that subsequent to the said recovery A1 led them to flat No.302 where the accused (A1, A2) stayed earlier, which is in the same apartment complex. There the house owner Hari Ram (LW.14) was found from whom he collected the rental deed Ex.P37 under a panchanama which is
Ex.P36. The said flat was in the name of Hari Ram’s daughter namely Vasudha
121.PW.46 further deposed that after the said proceedings A1 Akbar
Ismail Chowdary led them to the ground floor near the duct and opened a small door of an abandon meter box and took out one cover, which cover contains
Ex.P40 (photograph of Akbar and name was mentioned as Vinod Patil), Ex.P38B,
MO.13 to 22 (said MOs are marked in SC.1/2011). The said MOs and Exhibits were seized under panchanama Ex.P42 in the presence of PW.42 and LW.62 and 69 SC 1/2011 (Dilsukhnagar)
PW.52. The accused also signed in the said panchanama.
122.PW.46 further deposed that A2 Anik led them to Venkateshwara
Cables located at premises bearing No.561/3A, Street No.8, Vivekanandanagar,
Habsiguda. There under a cover of panchanama, he seized customers payment details Ex.P27 and Ex.P28. He recorded the statement of PW.9. According to the documents and as stated A1, A1 taken cable connection from PW.9. From there both A1 and A2 led them to Shiva Computers/Dhoom Technologies at Ameerpet where both A1 and A2 joined in computer course. There PW.11 the owner was present who identified both A1 and A2. From the possession of PW.9 I seized
Ex.P31 enquiry form booklet in which the enquiry form of both of A1 and A2 were present which are Exs.P31A and P31B and Exx.P31A and P31B. He secured the rubber stamp marked as MO.23 of Dhoom Technologies and seized in the presence of mediators under Ex.P35 panchanama.
123.This witness was cross examined by the learned counsel for the accused he stated that original document under Ex.P30 (Azizia lodge register) was directly sent to FSL from Court and after examination also from FSL it was sent to
Court directly and he filed original document pertaining to Ex.P30 in the Court.
The owner of Dhoom Technologies scribed and signed Ex.P31A, Ex.P31 B and fee receipt. He denied suggestion that Ex.P34 is the photo affixed on round seal on the ID card and the found seal by fabricating the identity card in Ex.P34. He admitted that one Vasuda is the daughter of Hari Ram, the GPA holder of Flat
No.302, Banjara Nilayam and that he did not collect the GPA and he did not examine the said Vasuda and that there are no signatures of either parties on the rental deed on first three pages and that the signatures are made in the middle of the page No.4 towards right side of rental deed which are marked as Q4 and Q.5 him as red circle but denied suggestion that rental deed is fabricated document 70 SC 1/2011 (Dilsukhnagar) created for purpose of this case. He admitted that he did not file any document that Indian Mujahiddin Organisation showing it as terrorist banned organized but denied suggestion that the accused do not belong to the said organisation doing illegal activities. He denied suggestion that he added the name of Anik in Ex.P37 and that no name by Shiva Computers and Dhoom Technologies exists.
124,PW.8 deposed that previously he used to reside in Flat No.301,
Banjara Nilayam Apartments, Habsiguda, Secunderabad from 1998 to 2010. Flat
No.302 is in front of their apartment and it belongs to G.Hari Ram (PW.34). On 11.02.2009 while he was in his house, one person came and introduced himself as
DSP and he brought two persons along with other police personnel and others.
Their names are Satish and Vinod who were earlier resided in the opposite flat.
The witness identified A1 (Anik Shafiq Sayeed) as Satish and also identified A2 (Akbar Ismail Chowdary) as Vinod.
125.PW.42 deposed that the DSP brought one box after A1 showed the same in the duct of the building. The said box containing one black colour polythene bag, one kerchief, timer, detonator and some other items. He can identify the said items which are marked as Mos. 12 to 22. Ex.P23 is the copy of identity card which was in the polythene bag bearing the photograph of A1 pertaining to Dhoom Technologies. The said identity card is in the name of Vinod
Patil and he signed on the back of Ex.P29 as proof of seizure in his presence.
Ex.P24 is the original rental deed seized in his presence from the house owner of
Flat No.302 by name Hari Ram under a panchanama. He signed on the original rental deed as proof of seizure in my presence. Ex.P P25 is the copy of original fee receipt of Dhoom Technologies in the name of Vinod Patil. The panch slip attached to Ex.P25 contains his signature along with other signatures.
71 SC 1/2011 (Dilsukhnagar)
126.In the cross examination, he stated that the opening of the duct is on the terrace. The duct is 6/2 feet or 6/3 feet. The duct is access to every bathroom of flats. Mos. 12 to 22 similar items may be available in the market. He cannot say Mos. 12 to 22 are unused items. He stated that for entering into the duct it is necessary to use one instrument called Jula and he do not remember whether Jula was brought by the police on that day. He did not remember how Akbar Ismail
Chowdary went into the duct. He was available at the time of panchanama
127.PW.15 deposed that in the month of February 2009, police officials came to their apartment along with two persons who are already known to them as tenants in Flat No.302 as well as students in the year 2007. LW.14 Hari Ram is the owner of the Flat No.302. He can identify the said two tenants who were brought by the police. A1 (Akber Ismail Chowdary) and A2 (Anik
Shafiq Sayeed). A1 stayed in the apartment in the name of Vinod and A2 in the name of Satish. `PW.15 further deposed that the police questioned A1 and A1 informed that he placed some materials in the duct of the apartment. The duct was not easily accessible. Then A1 entered into the duct through one of the flats by removing one wooden frame ventilator and took out one plastic carry bag. The said bag contained several items ( The witness was shown MO.s 12 to 22 were identified as the same material and also identified the signatures on the slips).
The police prepared the panchanama in their presence and he put his signature along with signature of PW.8 and other witnesses and accused.
128.PW.15 further deposed that Police also seized Ex.P24 under a panchanama which is marked as Ex.P37. PW.8 also signed along with him on
Ex.P36. During the stay of both A1 and A2 in the year 2007 one or two persons used to visit frequently. After two or three weeks, the police again visited to their apartments and shown 20 to 25 photographs and he identified one of the 72 SC 1/2011 (Dilsukhnagar) photograph as the person who was visiting frequently both A1 and A2 during their stay and police told his name as Bhatkal but he do not remember his full name.
129.In the cross examination, this witness denied suggestion that he did not state to the police that A1 entered into the duct through one of the flats by removing one wooden frame ventilator and took out one plastic carry bag and further denied suggestion that he did not state to police in his statement that during the stay of A1. & A2 in the year 2007 one or two persons used to visit them frequently and after two or three weeks, police again visited to their apartments and shown 20 to 25 photographs and he identified one of the photographs as the person who was visiting frequently A1 & A2 during their stay and police told his name as Bhatkal but he did not remember his full name.
130.PW.16 deposed that in the month of February 2009 some police persons along with said two persons namely Vinod and Satish came to their apartment. He identified the said persons A1 (Akber Ismail Chowdary) and A2 (Anik Shafiq Sayeed) as the Vinod and Satish respectively. He stated that
Police asked A2 upon which A2 went into the duct room upon to sky of the building and removed one polythene bag containing some items which he can identify. (The seals (sealed with tape) put by FSL to the material objects are opened in the open Court). MO.24 is one black colour multi HRC tester meter.
MO.25 is the Prince make time piece with black and white wires without battery.
MO.26 is one broken time piece attached to battery connector with the help of red and orange wires. MO.27 is the Insulation Tape (black in colour). MO.28 is the 9
Volt battery. MO.29 is the Green Colour tester. MO.30 is multi meter checking cords red and black in colour. MO.31 is one serial testing bulb with blue and purple wires. MO.s 24 to 31 contain panch slips. He along with other witnesses 73 SC 1/2011 (Dilsukhnagar) signed on all the slips. Ex.P81 is the photo copy of seizure panchanama prepared in their presence and signed by him, Satish and other two panch witnesses and also A2.
131.PW.16 further deposed that around two weeks thereafter, police personal came to their apartment and shown around 20 to 25 photographs. One of the photograph was of the person who stayed along with both of A1 and A2 in the said flat. The name of the said person was informed as Ryiaz Bhatkal. He can identify the said person if shown to him. Both of A2, A1 and said Ryiaz Bhatkal (A3 absconding) stayed for one or two weeks and were not to be seen after the bomb blast that occurred at Lumbini park and Gokul Chat.
132.In the cross examination, this witness stated that he saw the accused persons and also another person first time in the year 2007 and after 2009 again he saw the accused in the Court during his chief examination.
133.PW.22 deposed that the accused also took them to the Flat No. 302 where the accused stayed during August 2007. Where the house owner Hari Ram was present and he identified both of A1 and A2 as his tenants. The said owner produced rental deed which was signed by the accused which is Ex.P.24 (xerox copy of rental deed). The proceedings were drafted under Ex.P.37 seizure panchanama containing his signature, his colleague, house owner Hari Ram and one inmate (PW. 15). The accused A2 also signed at the bottom of the seizure panchanama. The accused led them to Venkateswara Cables Office nearby the house where the owner identified A2 as the person who had taken cable connection. Ex.P.27 note book was seized under a cover of panchanama which is
Ex.P.51. Himself, his colleague, the owner signed on the panchanama Ex.P. 28.
The accused of (A2) also signed at the bottom of Ex.P. 28. He further deposed 74 SC 1/2011 (Dilsukhnagar) that from Venkateswara Cables Office, the accused led them to Dhoom
Technologies situated at Ameerpet having informed that they studied in the said institute. There the owner PW.9 was present. At the instance of police, Pw. 11 handed over rubber stamp marked as MOs. 23 and Exs P. 37 to P. 39. PW. 11 also identified the ID Cards of both the accused No.1 and A2 said to have been provided by the Institute on their joining. All the said exhibits under P. 31 to P.
33 and rubber stamp were seized under a panchanama which is Ex.P. 35. Ex.P.
35 was signed by himself, his colleague,
134.In the cross examination, this witness denied suggestion that no material objects seized at the instance of the accused.
134.The confession and seizures made in this case are tabulated as Table
No.1, mentioned below:
Table I
Sl.Name of theEx. No.sSeizure No.panch witness 1PW.22T.Ex.P42 Xerox copy of I will show the flat where we MohanRao,confessionstayed in Habsiguda and also the Panch witnesspanchanama markedplace where I disposed the for A1 & A2(originals arepolythene cover which contains marked in SC No.sthe remnants of the material. I will also show the office of the 2/2011 & 3/2011) cable operator where I took the confession cable connection and Dhoom panchanama of Aniq Technologies at Ameerpet, where (A1) recorded at we took the admission for Begumpet Octopus Computer Course. I will also show office on11.02.2009 the shops where I purchased the at 7.00 am batteries, portable colour T.V and Cell phone and also the shops where I sold the colour T.V and the cell phone after the blasts. Ex.P43I will show the place where I (Xeroxcopyofdisposed the brief case containing confessionthe polythene cover which panchanamacontains the remnants of the marked)(originalsmaterial. I will also show the are marked in SCDhoom Technologies at Ameerpet where we took admission for the 75 SC 1/2011 (Dilsukhnagar)
No.s 2/2011 &computer course. 3/2011)confession panchanamaof Akbar Recorded at Begumpet Octopus office on 11.02.2009 at 9.15 am
Ex.P38 1) one prince time piece with blue (certifiedcopyand white frames with black and marked of seizurewhite wires (MO.25), panchanama of Aniq)2) one black colour multi HRC (originals marked intester meter (MO.24), SC No.s 2/2011 &3) multimeter checking cards
3/2011) (MO.30)
4) one green colour tester with Seizure panchanamayellow sleeve (MO.21) of Aniq at open5) one broken time piece (MO.26) terrace in Banjara
6) one 9V HW battery (MO.7) Nilayam, Habsiguda
7) 9V Battery (MO.28) at the instance of
8) one serial testing bulb (MO.31) Aniq on 11.02.2009
9) one black colour insulin tape at 12.50 pm (MO.27)
10) three electric detonators (destroyed) All the material
11) identity card of Aniq (Ex.P34) objects are marked
12) fee receipt No. 186 of Dhoom in SC No. 1/2011 Technologies in the name of Satish and the material Gaikwad Patil for Rs.2,500/ objects are (Ex.P32A) confronted to the
13)customercardof witnesses in all the Venkateshwara Cables in the three cases. name of Satish seized from A1 at Banjara Nilayam street No.8, Vivekananda Nagar, Habsiguda (Ex.P26)
Ex.P24 seized at Ex.P24 is the copy of rental flat No.302, Banjara deed seized at Banjara Nilayam Nilayam, Habsiguda under the cover of copy of from the owner of panchanama Ex.P37 on flat 11.02.2009 at 1.20 pm
Ex.P36Seizure1) Identity card of Akbar (Ex.P23) panchanamaof2) fee receipt No. 187 of Dhoom AkbarTechnologies in the name of Vinod 76 SC 1/2011 (Dilsukhnagar) (CertifiedcopyPatil for Rs.2,500/ (Ex.P32B) marked)(original3) blue colour front frame with dial marked in SC No.and glass of prince quartz watch
3/2011) (MO.13)
4) working parts of quartz watch Seizure at groundwith two white wires (MO.14) floorBanjara5) working parts of quartz watch Nilayam, Habsigudawith two black wires (MO.15) at the instance of6) green colour tester (MO.29) Akbar on 11.02.2009
7) one circuit clock of SAMAI at 1.50 pm (MO.17)
8) battery connector with black All the material and red wires (MO.18) objects are marked
9) battery connector with black in SC No. 1/2011 and brown wires (MO.19) and the material
10) one electric detonator objects are (destroyed) with white wires confronted to the11) one orange and black colour witnesses in all thepaper cutter (MO.22) three cases.12) one old lady white hand curchies with red stains
13) black colour insulation tape seized from A2 (MO.27) Ex.P28(CertifiedVenkateshwara Cable book seized copy marked) seizureat the instance of A2 at Street panchanamaofNo.8,VivekanandaNagar, Ex.P27 (ConnectionHabsiguda, Hyderabad. (Ex.P27) cable book) seized at(this original items are marked Venkateshwara in SC No.1/2011) Cable office from PW.9 at Street No.8, Habsiguda, on 11.02.2009 at 02.25 pm
Ex.P35(certified copymarked) (Original marked inEnquiry form Booklet (Ex.P31), Fee Receipt Book (Ex.P32) and
SC No. 2/2011)
Rubber Stamp (MO.23 in SC Seized at Dhoom No.1/2011) were seized at Dhoom Technologies, Technologies, Ameerpet from Ameerpet from the PW.11 on 11.02.2009 at 4.00 pm owner of the institute (PW.11).
Seized from the owner of the lodge (PW.10) at AziziaEx.P30 copy of Register of Azizia lodge,Nampallylodge at Nampally seized under 77 SC 1/2011 (Dilsukhnagar) under Ex.P29 seizureEx.P29 panchanama from PW.10 panchanama (Xeroxon 12.02.2009 at 11.40 am copy)(original marked in SC No. 3/2011) 2P.YadagiriEx.P44 AdmissibleRelevant portion of confessional (PW.23)portion of confessionstatement of Aniq that now I show panchanamathe place where I purchased the recorded at Octopusbatteries that were used in office, Begumpet, onImprovised Explosive, portable 16.02.2009 at 7.00colour T.V, cell phone and sim amcard. I will also show the shops where I sold the colour TV and the cell phone after the blasts. (Octopus Office at Begumpet) Ex.P45 AdmissibleRelevant portion of confessional portion of confessionstatement of Akbar that now I will panchanamashow the shop, where I purchased recorded at Octopusthe bag that was used for keeping Office, Begumpet onthe bomb at Dilsukhnagar. 16.02.2009 at 9.10 am
135.Perusal of the said table coupled with the evidence of prosecution witnesses and the documents, it is goes to show that pursuant to the confession made by the accused the above said items were recovered at the places mentioned in the above said table. The evidence of panchas viz. Pws.22 and 23 is well corroborated by the evidence of Investigating Officers. At this stage, the learned counsel for accused vehemently contended that the local panchas have to be secured under Section 100(4) Cr.P.C and in the present case the panchas viz.,
PWs.22 and 23 are from Secunderabad, and seizure took place at Habsiguda.
78 SC 1/2011 (Dilsukhnagar)
Begumpet..
136.Added to this, the learned Special Prosecutor relied upon a decision reported in Section 100 (4) Cr.P.C.,:
It was held in 1998 CRI. L. J. 1638 SUPREME COURT, that:
“In the State of Maharashtra v. P.K. Pathak, AIR 1980 SC 1224:
(1980 (2) SCC 259), the witnesses of the search were the custom officials themselves. The High Court held that as no independent witness of the locality was taken by the custom authorities to witness the search, no reliance could be placed on the searches or the recovery of the smuggled articles. The High Court also rejected the evidence of lone nonofficial witness on the ground that he was not a witness of the locality and on the ground that he had assented to accompany the police and custom officials to witness the various recoveries wherever he was taken by the police. Disapproving the view of the High Court of
Bombay, this Court held that the fact that they were custom officials would be no ground to distrust their evidence; so also the fact that the nonofficial witness was approached by the police and the custom authorities to accompany them to witness the search would not by itself shown that he was an unreliable or interested witness. Observing that his evidence was corroborated by the police officer of the rank of
SubInspector, this Court held that his evidence ought to be believed. It may be noted that the evidence of the witness of search was accepted notwithstanding the fact that he was not of the locality where the search took place and notwithstanding the fact that he was brought by the police along with them for the purposes of search. The evidence, however, can be rejected if it suffers from any serious infirmities or if there is any inherent inconsistency in the testimony. If there is intrinsic merit in the evidence of the witness of search the same cannot be rejected solely on the ground that witness is not from the locality of search or that he was brought by the police with it. We are not persuaded to accept the contention that the evidence of Nandu
Ambadas Jadhav (PW.6) cannot be accepted for the reasons that he 79 SC 1/2011 (Dilsukhnagar) was not a witness of the locality and that he was brought from Pune by the investigating Officer to witness the search. He was one of the drivers of the cars in which the investigating team came to Bombay from Pune. For the sake of convenience, he was taken as a witness for search. We do not find any material in the crossexamination to discredit his testimony. The only ground of attack on the evidence of
PW.6 that he was not from the locality as contemplated under sub section (4) of Section 100, Cr.P.C fails because in our view a witness of search other than the one from the locality even if he has been brought by the investigating agencies along with them cannot be disbelieved only on that ground and we do not find anything in his evidence to discredit his testimony.”
137.Even otherwise, perusal of record show that PW.22 is MRO in the
Secunderabad area. He is a local panch witness and can act as panch witness.
The prosecution followed the procedure laid down under Section 100(4) Cr.P.C.
Moreover, PW.8 was previous resident of the Banjara apartment where seizure took place and he also deposed in support of the case of the prosecution. PW.125 resident of Banjara Apartment also supported the same. PW.16 is resident of
Banjara Nilayama and he too supported the seizure. So, there is no force in the contention of the defence that the witnesses are not local witnesses.
138.Confession made to PW30 by accused corroborating the facts discovered at the instance of accused.
i) PW30 visiting Farooq Sharfuddin Tarkash (A5) and staying with him.
ii) Farooq Sharfuddin Tarkash (A5) introducing Anik Shafique
Sayeed (A2) and Akbar Ismail chowdary (A1) to PW30 at Pune.
Iii) Farooq sharfuddin Tarkash(A5) requesting PW30 to help Anik
Shafique Sayeed (A2) who was coming to Hyderabad.
80 SC 1/2011 (Dilsukhnagar)
iv Anik Shafique Sayeed (A2) having taken the help of (PW30) stayed
back in Hyderabad without intimation to PW30.
140.PW.30 deposed that during September or October, 2007, he went to Pune to finalize his marriage with his cousin. He stayed for 1 or 2 days at Pune and during that time he met Farooq (A5), Anik (A2) and Akber (A1) in the evening and during discussions, A2 Anik told him that after leaving Dilsukhnagar he did not come back to Pune. He said that was he aware about the blasts that happened in Lumbini Park and Gokul chat bhandar. PW.30 replied that the whole world knows about it. Then all of them, A5, A1 and A2 told that the blasts were carried out by them for taking revenge with respect to Macca Masjid blast. They all further informed that Anik (A2) and Akber (A1) took a room in Hyderabad, stayed there and planned and accordingly executed the bombing. A2 Anik further informed that Akber (A1) and also one person by name Riyaz Batkal(A1) joined them at Hyderabad for execution of the said bombing.
141.PW.30 further deposed that he was frightened for the reason of A1
Anik coming to Hyderabad and taking his help at the instance of Farooq (A5).
When A2 Anik came to Hyderabad or when Farooq (A5) called, he did not know about their intentions. He immediately came to Hyderabad and did not reveal anything.
142.PW.30 further deposed that during 2009 he was called by SIT police for the purpose of investigation and A2 Anik was in their custody. In the process of investigation, he was questioned at Hyderabad and also at Mumbai and his statement was recorded for 2 or 3 times.
143.The learned counsel for the accused strenuously argued that the evidence of PW.30 is full omissions and contradictions and he has not given any reason why the accused allegedly informed about the blast claiming the 81 SC 1/2011 (Dilsukhnagar) responsibility and even this witness did not give any proper reason why he approached the accused who are residents of far away place. And further contended that the persons who confessed before him are not close to him and this witness kept quiet for two years without informing anybody about the alleged statement to anybody without there being any threat by the accused and hence his evidence cannot be considered. He also relied upon the following citations:
144. (2011) 10 SUPREME COURT CASES 165 Pancho Vs. State of
Haryana
Extra Judicial Confession is weak evidence. Courts look for corroboration from other evidence, whether there are other cogent circumstances on record to support it. Extra – judicial confession made by A1 give months after incident to PW.4, exmember of Panchayat at a distance of 35 to 40 km away from his village. No evidence available that A1 and PW.4 knew each other intimately. A1 denied
before court that he made any such statement. Extra – judicial confession, held,
not credible
145. AIR 1975 SUPREME COURT 258 The State of Punjab Vs. Bhajan
Singh and others, wherein it was held as under:
The evidence of extra judicial confession in the very nature of things is a weak piece of evidence. Suspicion, by itself however strong it may be, is not sufficient to take place of proof and warrant a finding of guilt of accused.
146. 2006 CRI.L.J. 4126 Srikanth and Anr. etc Vs. State
Confession reportedly given, unreliable and untrustworthy. It is totally unsafe to rely upon such doubtful version to return a verdict of conviction
147.Per contra, the learned Public Prosecutor relied upon the following citations:
148. Sole basis of extrajudicial confessions:It was held in (1985) 1 Supreme Court Cases 505 between State of U.P Vs. M.K. Anthony, that:
“If the evidence about extrajudicial confession comes from the mouth of witness/witnesses who appear to be unbiased, not even remotely 82 SC 1/2011 (Dilsukhnagar) inimical to the accused, and in respect of whom nothing is brought out which may tend to indicate that he may have a motive for attributing an untruthful statement to the accused, the words spoken to by the witness are clear, unambiguous and unmistakably convey that the accused is the perpetrator of the crime and nothing is omitted by the witness which may militate against it, then after subjecting the evidence of the witness to a rigorous test on the touchstone of credibility, if it passes the test, the extrajudicial confession can be accepted and can be the basis of a conviction. In such a situation to go in search of corroboration itself tends to cast a shadow of doubt over the evidence. If the evidence of extrajudicial confession is reliable, trustworthy and beyond reproach the same can be relied upon and a conviction can be founded thereon.”
149.It was held in (1992) 3 Supreme Court Cases 204 between Madan Gopal
Kakkad Vs Naval Dubey and another, that:
“20. Though it is not necessary for us to enter upon a reappraisal or appreciation of the evidence since the findings of fact of the High Court have not been challenged, yet we after most carefully and closely scrutinizing the galaxy of the proven facts, have no hesitation in agreeing with the High Court that the extrajudicial confession made by the respondent which is not shown to have been obtained by coercion, promise of favour or false hope etc., is plenary in character and voluntary in its nature acknowledging his guilt.”
150.It was held in 2018 (2) ALD (Crl.) 326 Boya Akuthota Nagaraju Vs.
State and another
Extra Judicial confession, if inspires confidence of the Court and the true version of the accused is mentioned in extra judicial confession, conviction can be recorded, if corroborated by other circumstances. But, extra judicial confession itself alone cannot form the basis for conviction and such conviction is illegal. Before touching evidentiary value of extra judicial confession, the court must look into various circumstances like prior acquaintance with the person to whom the accused allegedly gave statement and whether it is voluntary in nature.
From the law declared by the Apex Court in various judgments referred supra, the following guidelines emerged for deciding the evidentiary value of extra judicial confession and rely on such confession to record conviction of the accused:
1) An extrajudicial confession to be admissible in evidence and one to be relied upon must fulfil the requirements of its voluntary character and truthfulness. The latter turns to be more important and the former is read 83 SC 1/2011 (Dilsukhnagar) from it in cases of retracted extrajudicial confessions.
2) It is required to be established from the fact and evidence produced as to whether the accused did make the extrajudicial confession or not.
3) The inculpatory statement, when separated from the exculpatory statement of the accused, must constitute the confession when tested on the requirements of Section 4.
4) The veracity of the extrajudicial confession is read from the credibility of the persons to whom made, the circumstances in which made and the explanations of the delay between the receipt of confession by a person and its transmission to the police.
5) Extrajudicial confessions if voluntary and true can be sufficient evidence to base conviction of the accused, but if the same is corroborated with some additional independent evidence, the rule of prudence also gets thereby satisfied. In the case of retracted extrajudicial confession such a corroboration turns to be all the more important to take this rule of prudence, the place of a rule of law.
152.In the present case on hand the extra judicial confession is accepted by this Court for the following reasons:
1) The witness appears to be unbiased and not even enemical to the accused because he is none other than the cousin brother of A.5 and who helped in accommodating A1 and A2 on the request of A5.
2)It passed the test of credibility.
3)It is reliable, trustworthy and beyond reproach.
4)It is not shown by the defence that it was obtained by coercion.
153.In so far as the delay in giving the information to the police concerned, it is a tendency of human being avoiding to give the information on commission of the offence to police as to who committed the offence and how they committed the offence and that too when the culprits taken his help; because we cannot expect everybody to be a good Samaritan.
154.It is established beyond reasonable doubt that A1, A2 gave extra judicial confession to PW.30 in the presence of A.5 and it was voluntary. It is 84 SC 1/2011 (Dilsukhnagar) corroborated by other proved circumstances stated above against A1 and A2.
155.Common Intention: Section 34 of IPC.
The learned counsel for the accused strenuously argued that Section 34 IPC is not applicable in this case, as there are no overt acts. He relied upon a decision
1969 CRI.L.J. 1224 (Vol. 75, C.N. 336) = AIR 1969 CALCUTTA 481 (V 56 C
85)Ram Raj Singh and others Vs. State of West Bengal, wherein it was held that
Section 34 IPC requires not only common intention but also participation in the crime. When a specific offence is committed by some of the conspirators in pursuance of the conspiracy, the common intention of all would not be enough to fasten the guilt on all of them.
156.Per contra, the learned Public Prosecutor relied upon the following citations:
It was held in (2017) 9 Supreme Court Cases 483 between Rajkishore Purohit Vs State of Madhya Pradesh, that:
“9. Common intention is a state of mind. It is not possible to read a person's mind. There can hardly be direct evidence of common intention. The existence or nonexistence of a common intention amongst the accused has to be deciphered cumulatively from their conduct and behavior in the facts and circumstances of each case. Events prior to the occurrence as also after, and during the occurrence, are all relevant to deduce if there existed any common intention. There can be no straight jacket formula. The absence of any overt act of assault, exhortation or possession of weapon cannot be singularly determinative of absence of common intention.
10. Though judicial precedents with regard to common intention stand well entrenched, it will be sufficient to refer State of Rajasthan vs. Shobha Ram, observing as follows : (SCC P. 736, Para 10) "10. Insofar as common intention is concerned, it is a state of mind of an accused which can be inferred objectively from his conduct displayed in the course of commission of crime and also from prior and subsequent attendant circumstances. As observed in Hari Ram v. State of U.P. (SCC p. 622, para 21), the existence of direct proof of common intention is 85 SC 1/2011 (Dilsukhnagar) seldom available and, therefore, such intention can only be inferred from the circumstances appearing from the proved facts of the case and the proved circumstances. Therefore, in order to bring home the charge of common intention, the prosecution has to establish by evidence, whether direct or circumstantial, that there was plan or meeting of mind of all the accused persons to commit the offence before a person can be vicariously convicted for the act of the other." 1971 CRI. L. J. 793 (Vol. 77 C.N. 233) Noor Mohammad Mohd.
Yusuf Momin Vs. The State of Maharashtra, it was held that :
Under Section 34 participation in the commission of offence necessary tbut Under S. 109 accused need not be present. Under S. 120B mere agreement is sufficient. Conspiracy need not be proved by direct evidence.
157.In the facts and circumstances of the case, Section 34 IPC is applicable to A2 as there are overt acts against him. It is also applicable to A.3.
158.In so far as the aspect of common intention is concerned, as has been held by the Hon'ble Courts, the existence or nonexistence of a common intention amongst the accused has to be deciphered cumulatively from their conduct and behavior in the facts and circumstances of each case. Events prior to the occurrence as also after, and during the occurrence, are all relevant to deduce if there existed any common intention. There can be no straight jacket formula.
The circumstances narrated in the penultimate paras, would show the existence of common intention amongst the accused No.1, A2 and absconding accused
No.3, to commit the offence, and their conduct prior to the commission of offence and after the commission of offence and leading to recovery of incriminating material from duct, would only expose the common intention among the accused to commit the offence. Hence, the decisions relied upon the learned Special Public
Prosecutor are aptly applicable to the facts of the present case on hand and the decisions of the defence counsel are not applicable to the present case.
86 SC 1/2011 (Dilsukhnagar) 159Circumstantial Evidence:
The learned counsel for the accused relied upon the following citation:
Navaneethakrishnan Vs. State reported in 2018(2) ALT (Crl) 60 (SC). Wherein it was held that “Each and every incriminating circumstance must be clearly established by reliable and clinching evidence and the circumstances so proved must form a chain of events from which the only irresistible conclusion about the guilt of the accused can be safely drawn and no other hypotheses against the guilt is possible The court must satisfy itself that various circumstances in the chain of events must be such as to rule out a reasonable likelihood of the innocence of the accused.
160.Per contra, the learned Special Public Prosecutor relied upon the following citations.
(2012) 10 Supreme Court Cases 373 between Tulashiram
Sahadu Suryawanshi and Another Vs State of Maharashtra, wherein it was held that:
“23. It is settled law that presumption of fact is a rule in law of evidence that a fact otherwise doubtful may be inferred from certain other proved facts. When inferring the existence of a fact from other set of proved facts, the Court exercises a precise of reasoning and reaches a logical conclusion as the most probable position. The above position is strengthened in view of Section 114 of the Evidence Act, 1872. It empowers the Court to presume the existence of any fact which it thinks likely to have happened. In that process, the Courts shall have regard to the common course of natural events, human conduct etc is useful to quote the following observation in State of West Bengal vs. Mir Mohammed Omar,” addition to the facts of the case. In these circumstances, the principles embodied in Section 106 of the Evidence Act can also be utilized. We make it clear that this Section is not intended to relieve the prosecution of its burden to prove the guilt of the accused beyond reasonable doubt, but it would apply to cases where the prosecution has succeeded in proving facts from which a reasonable inference can be drawn regarding the existence of certain other facts, unless the accused by virtue of his special knowledge regarding such facts, failed to offer any explanation which might drive the Court to draw a different inference. It is useful to quote the following observation in State of West Bengal vs. Mir Mohammed Omar,” 87 SC 1/2011 (Dilsukhnagar)
161.It was held in (2010) 6 Supreme Court Cases between Sidhartha
Vashisht alias Manu Sharma Vs. State (NCT of Delhi), that:
“On the other hand, it is clear from the evidence of PW6 that the accused Manu Sharma was very well present at the scene of offence and she correctly identified him. Further, as rightly observed by the High court, though she was not an eyewitness, she is certainly a witness identifying Manu Sharma along with 4 or 5 persons present at the Tamarind Court who asked her for whisky and later misbehaved with her. We agree with the observation and the ultimate conclusion about PW6 reached by the High Court”.
162.From the above evidence of Pws.53 and PW.56, it can be safely concluded that the accused No.2 was very well present at the scene of offence
Lumbini Park and was responsible for placing of the bomb at Lumbini Park
Laserium show.
163. Delay in recording 161 Cr.P.C. statement of witnesses:
The learned PP relied upon the following citations, on the aspect of delay in recording S.161 Cr.P.C. statement of the witnesses:
2010 (2) SCC (Cri) 1385 Sidhartha Vashisht Alias Manu Sharma Vs. State (NCT of Delhi), wherein the Hon'ble Apex Court held as under:
“Unlike the said decision, in the present case, there are no concomitant circumstances to suggest that the investigator was deliberately making time with a view to give a particular shape to the case. The details of investigation conducted on each day are very clearly brought out in the evidence of the various witnesses. Furthermore, the identity of the appellant as a suspect in the present case was not the consequence of any delay”.
In Mohd. Khalid Vs State of W.B. this Court held that: (SCC p.349, Para 12) “12..........Mere delay in examination of the witnesses for a few days cannot, in all cases, be termed to be fatal so far as the prosecution is concerned. There may be several reasons. When the delay is explained, whatever be the length of the delay, the court can act on the testimony of the witness if it is found to be cogent and credible”.
88 SC 1/2011 (Dilsukhnagar)
The above citations are aptly applicable to the facts of the present case on hand, because the prosecution has explained the reasons for the delay in examining the witnesses.
164. Criminal Conspiracy
On the aspect of criminal conspiracy, the learned counsel for the accused relied upon the following citations:
AIR 2001 SUPREME COURT 175 Saju Appellant Vs. State of Kerala, wherein it was held that:
It is true that a number of witnesses have deposed that they had seen both the accused together on the date of occurrence but it is equally true that such meeting was not unusual as admittedly they were working together in the plantation. Mere meeting would by itself not be sufficient to infer the existence of a criminal conspiracy.
165. 1972 CRI. L J 909 (V 78 C 225) Bhagat Ram Vs. State of
Rajasthan
The matter can also be looked at from another angle. The charge under Section 120B IPC related to conspiracy between Bhagat Ram and Ram Swaroop for extorting Rs.2,000/ as illegal gratification from Niranjan Dass. When Ram Swaroop was acquitted of the charge under Section 120B IPC, the basis of the charge against Bhagat Ram for conspiracy between him and Ram Swaroop disappeared. It is not the case of the prosecution that Bhagat Ram had conspired with Ramswaroop to extort Rs.2,0000/ as illegal gratification from Niranjan Dass. Once Ram Swaroop was acquitted in respect of the charge relating to conspiracy, the charge against Bhagat Ram for conspiracy must necessary fail to the ground.
166.Per contra, the learned Special Public Prosecutor relied upon the following citations:
It was held in (2001) 7 Supreme Court Cases 596 between
Firozuddin Basheeruddin and others Vs State of Kerala, that:
89 SC 1/2011 (Dilsukhnagar) “The rationale of conspiracy is that the required objective manifestation of disposition to criminality is provided by the act of agreement. Conspiracy is a clandestine activity. Persons generally do not form illegal covenants openly. In the interests of security, a person may carry out his part of a conspiracy without even being informed of the identity of his coconspirators. Since an agreement of this kind can rarely be shown by direct proof, it must be inferred from circumstantial evidence of cooperation between the accused.... Para 24.... So far as the mental state is concerned, two elements required by conspiracy are the intent to agree and the intent to promote the unlawful objective of the conspiracy. It is the intention to promote a crime that lends conspiracy its criminal cast. Para 25 The rationale is that criminal acts done in furtherance of a conspiracy may be sufficiently dependent upon the encouragement and support of the group as a whole to warrant treating each member as a causal agent to each act. Under this view, which of the conspirators committed the substantive offence would be less significant in determining the defendant's liability than the fact that the crime was performed as a part of a larger division of labour to which the accused had also contributed his efforts. PARA 29..... Although it is not in doubt that the offence requires some physical manifestation of agreement, it is important to note the limited nature of this proposition. The law does not require that the act of agreement take any particular form and the fact of agreement may be communicated by words or conduct. Thus, it has been said that it is unnecessary to prove that the parties "actually came together and agreed in terms" to pursue the unlawful object : there need never have been an express verbal agreement, it being sufficient that there was "a tacit understanding between conspirators as to what should be done,"......
167.It was held in (2008) 15 Supreme Court Cases 49 between
MOHMED AMIN ALIAS AMIN CHOTELI RAHIM MIYAN SHAIKH AND
ANOTHER V/S CENTRAL BUREAU OF INVESTIGATION, That:
“74. The principles which can be deduced from the above noted judgments are that for proving a charge of conspiracy, it is not necessary that all the conspirators know each and every detail of the conspiracy so long as they are coparticipators in the main object of conspiracy. It is also not necessary that all the conspirators should participate from the inception of conspiracy to its end. If there is unity of object or purpose, all participating at different stages of the crime will be guilty of conspiracy”.
168.It was held in the case of Ram, Narayan Poply Vs. CBI 90 SC 1/2011 (Dilsukhnagar) reported in 2003 CRI. L. J. 4801, (SUPREME COURT), that:
“349. Privacy and secrecy are more characteristics of a conspiracy, than of a loud discussion in an elevated place open to public view. Direct evidence in proof of a conspiracy is seldom available offence of conspiracy can be proved by either direct or circumstantial evidence. It is not always possible to give affirmative evidence about the date of the formation of the criminal conspiracy, about the persons who took part in the formation of the conspiracy, about the object, which the objectors set before themselves as the object of conspiracy, and about the manner in which the object of conspiracy is to be carried out, all this is necessarily a matter of inference.”
169.There is no dispute with regard to the citations relied upon by the both sides except the first citation relied upon by the defence counsel which are applicable to the present case on hand for the following reasons:
1) A5 introduced to PW.30 to take care of him.
2) A2 stayed in Azizia Lodge with fake name as “Satish Gaikwad”.
3) A2, A1 stayed in Banjara Nilayam in Flat No.302 with fake names as “Satish Gaikwad” and “Vinod Patil”, and in the meanwhile A3 (Riyaz Bhatakal) visited the said Flat.
4) A1 & A2 joined in Dhoom Technologies with fake names.
5) Subsequent to the twin blasts occurred, A1, A2 & A5 met together in Pune.
170.The prosecution established each and every circumstance beyond all reasonable doubt as against A1 and A2 as follows:
1) A2 came to Hyderabad at the instance of A5. Stayed at PW30's friends room. Then A1 left the room saying that he is going to Pune.
2) Instead of going to Pune, he stayed at Azizia Lodge, Nampally, Hyderabad for a week.
3) Then, he took a flat No.302, at Banjara Nilayam, Habsiguda, Hyderabad after entering into rental deed with different name.
4) Then, A1 joined A2 at Banjara Nilayama, then A1 and A2 joined in Dhoom Technology (computer institute) with different names.
5) A1 & A2 stayed in the maintained above said two places with fake names, A2 as Satish Gaikwad and A1 as Vinod Patil.
6) Then A2 planted IED Bomb at Lumbini Park with common intention and conspiracy of A1 and A3 on 25.8.2007 at 7.30 p.m.
7) A3 planted IED bomb at Gokul Chat Bhandar on Icecream making machine.
8) A1 hanged bag containing IED to a motor cycle under footover bridge at Dilsukhnagar. The said bomb was diffused subsequently.
91 SC 1/2011 (Dilsukhnagar)
171. Handwriting Expert:
AIR 1977 SUPREME COURT 1091 Magan Bihari Lal Vs. State of
Punjab
It is not well settled that expert opinion must always be received with great caution and perhaps, none so with more caution than the opinion of a handwriting expert. There is a profusion of precedential authority which holds that it is unsafe to base a conviction solely on expert opinion without substantial corroboration. This rule has been universally acted upon and it has almost become a rule of law.
172. AIR 1979 SUPREME COURT 1011 Kanchansingh Dholaksingh
Thakur Vs. State of Gujarat
In the instant case the conviction of the accused has been based mainly on an entry from which it appears that the accused had misappropriated a certain sum. The entire conviction rests on the uncorroborated testimony of the hand writing expert.
173.There is no dispute with regard to the citations relied upon by the defence counsel, but not application to the present case on hand for the reason that there are umpteen number of circumstances as narrated above besides this expert opinion which is going against the accused.
174. Delay in TIP and identification:
PW.32 is the Magistrate who conducted TIP parade deposed that Pws.3 , 4 and 5 have rightly identified Accused No.1. He conducted TIP proceedings on 9.2.2009. Ex,.P.52 is the proceedings issued by him.
92 SC 1/2011 (Dilsukhnagar)
The learned counsel for the accused relied upon the following citations:
1988 CRI.L.J. 780 The State Vs. Shankar alias Raju, wherein it was held that:
Where the dock identification of the accused by the witnesses was after a long time viz., about 1 ½ years after the incident, and there was no supporting evidence, the conviction of the accused on the basis of such identification held would not be proper.
1988 CRI.L.J. 422 Harinath and another etc., Vs. State of U.P, wherein it was held as under:
The conduct of an identification parade belongs to the realm and is part of the investigation. The evidence of test identification is admissible under S. 9. But the value of the test identification, apart altogether from the other safeguards appropriate to a fair test of identification, depends on the promptitude in point of time with which the suspected persons are put up for test identification. If there is unexplained and unreasonable delay in putting up the accused persons for a test identification, the delay by itself detracts from the credibility of the test.
AIR 1993 SUPREME COURT 2618 Girja Shankar Misra Vs. State of U.P, wherein it was held that:
The test identification parade assumes importance particularly if held within a reasonable time after the commission of the offence. It loses its significance when there is enormous delay in holding it.
AIR 1971 SUPREME COURT 1050 Matru alias Girish Chandra Vs. The
State of U.P, wherein it was held that:
Section 9. Identification tests do not constitute substantive evidence.Identification tests are primarily meant for the purpose of helping the investigating agency with an assurance that their progress with the investigation into the offence is proceeding on right lines.
1979 CRI.L.J. 715 Antar Singh Vs. State of Madhya Pradesh
Accused put to test identification 12 months after occurrence – Identification test of other coaccused held earlier but accused not put up for identification – No reason given by prosecution for delay – 93 SC 1/2011 (Dilsukhnagar)
Evidence of identifying witness held was rightly rejected by trial court. Judgment of Madhya Pradesh High Court, D/ 1591977, Reversed.
AIR 2004 SUPREME COURT 4965 D. Gopalakrishnan Vs. Sadanand Naik and others, wherein it was held that:
Showing of photographs to witnesses for purpose of identification Witnesses giving identifying features of assailants during course of investigation. Same could be confirmed by Investigating Officer by showing photographs of suspects. However when witness did give description or identifying characteristics of accused. Showing of photograph to such witness would lead Investigating Officer to make wrong conclusion. Also when suspect is available for identification, photograph should never be shown to witness in advance.
AIR 1987 SUPREME COURT 1222 Subash and Shiv Shankar Vs. State of
U.P, it was held that:
Test identification parade held after delay of four months. Witnesses not giving any description of accused either in FIR or in their statements during investigation. Conviction cannot be based solely on such identification. Accused has to be given benefit of doubt.
175.Per contra, the learned PP relied upon the following citation:
It was held in (2010) 3 Supreme Court Cases 508 between Mulla and another Vs State of Uttar Pradesh, that:
“The necessity for holding an identification parade can arise only when the accused persons are not previously known to the witnesses. The whole idea of a test identification parade is that witnesses who claim to have seen the culprits at the time of occurrence are to identify them from the midst of other persons without any aid or any other source. The test is done to check upon their veracity. In other words, the main object of holding an identification parade, during the investigation stage, is to test the memory of the witnesses based upon first impression and also to enable the prosecution to decide whether all or any of them could be cited as eyewitnesses of the crime.
176.On the aspect of Delay in T.I.P: (Mulla’s case cited supra) “The identification proceedings are in the nature of tests and significantly, therefore, there is no provision for it in the Code and the 94 SC 1/2011 (Dilsukhnagar)
Evidence Act, 1872. It is desirable that a test identification parade should be conducted as soon as possible after the arrest of the accused. This becomes necessary to eliminate the possibility of the accused being shown to the witnesses prior to the test identification parade. This is a very common plea of the accused and, therefore, the prosecution has to be cautious to ensure that there is no scope for making such allegation. If, however, circumstances are beyond control and there is some delay, it cannot be said to be fatal to the prosecution.”
177. On the aspect of Absence of corroboration in TIP (Mulla’s case cited supra), wherein it was held that:
“In Daya Singh Vs. State of Haryana the test identification parade was held after a period of almost eight years inasmuch as the accused could not be arrested for a period of 7½ years and after the arrest the test identification parade was held after a period of six months. It was pointed out that the purpose of test identification parade is to have the corroboration of the evidence of the eyewitnesses in the form of earlier identification. It was held that the substantive evidence is the evidence given by the witness in the court and if that evidence is found to be reliable then the absence of corroboration by the test identification is not material.”
No rule of early TIP (Mulla’s case cited supra) “In another case of Pramod Mandal V. State of Bihar placing reliance on Anil Kumar this Court observed that: (Pramod case, SCC P. 158, Para 20) “20. It is neither possible nor prudent to lay down any invariable rule as to the period within which a test identification parade must be held, or the number of witnesses who must correctly identify the accused, to sustain his conviction. These matters must be left to the courts of fact to decide in the facts and circumstances of each case. If a rule is laid down prescribing a period within which the test identification parade must be held, it would only benefit the professional criminals in whose cases the arrests are delayed as the police have no clear clue about their identity, they being persons unknown to the victims. They, therefore, have only to avoid their arrest for the prescribed period to avoid conviction.”
178.The prosecution submitted that the Test Identification Parade was conducted after a lapse of nearly 1 ½ years as the accused were not known and only after their arrest from Mumbai, TIP was held to test the correctness of the version of Pws. 3, 4 & 5, identifying A1 as the person who placed the bag with 95 SC 1/2011 (Dilsukhnagar) bomb at Dilskhnagar.
The witnesses who were identified by the Investigation Agency in the course of investigation was at the instance of accused, which fact is admissible under section 8 of Indian Evidence Act.
179This Court accepts the contention of the learned Special PP, as there is no delay in conducting the TIP because the accused were brought on 6th and TIP was conducted on 9th February, 2009. The citations relied upon by the prosecution are aptly applicable to the facts of the present case on hand. The contention of the defence counsel is rejected.
180. Whether the duct is accessible to public?
The contention of the learned counsel for the accused vehemently contended that the property seized from the duct is accessible to public and therefore the seizure cannot be accepted, and they relied upon the following citations:
2017 CRI.L.J. (NOC) 33 (BOM) Amar Ramesh Lohkare Vs. State of
Maharashtra
Recovery of alleged weapons from compound of Medical College and Hospital which was was accessible to parents and public at large Said open space must be one cleaned by sweepers of Medical College and Hospital and it was under the control of Security Guards. In these circumstances it is difficult to digest that for five days after alleged incident recovery is made
181.Even otherwise, it is in the common sense of every one that the ducts are best places for hiding the articles because they are not easily accessible to public. In the present case on hand also, the relevant portion of panchanama is as under:
96 SC 1/2011 (Dilsukhnagar) “As the duct is not accessible to go down manually, the DSP got one of the cardboard cover of the window removed from the bathroom of Flat No.1 on the ground floor and that entrance created led into the duct. We along with the accused entered into the bathroom and accused A2 (Anik) through the window removed entered the duct and came out with a white plastic polythene cover”
In view of the above, there is no possibility of access to the duct by any person and it cannot be treated as an open place access to public .
182.The learned counsel for the accused submitted that the following are marked subject to object and they may be discarded.
1) Ex.P40 Xerox copy of leave and license,
It is to be noted that the copy of original is collected from the Bombay
Police, the Xerox copy is marked. Hence, objection rejected.
2) Ex.P1A: Attested Xerox copy of complaint.
In fact, Ex.P1A is an attested xerox copy of complaint given by PW.2 and the same is marked by PW.2 himself. Moreoever, in view of the said objection, perused the printed copy of FIR in Crime No.255/2007 of Malakpet P.S., marked as Ex.P49. The said FIR was registered basing on the original copy of complaint given by PW.2. On close scrutiny and juxtaposition, the contents mentioned in page 4 of Ex.P49 and the contents mentioned in Ex.P1A are one and the same.
Hence, the said objection is not tenable.
Ex.D2 is objected for marking on the ground it it is partially filled. Ex.D3
Named Board of Annapura Block of Aditya Block. The time when it was taken is not mentioned and hence, it cannot be taken into consideration for appreciation of evidence, besides it is a xerox copy.
183. Recovery
The learned counsel for the accused relied upon the following citations:
97 SC 1/2011 (Dilsukhnagar) 1983 CRI.L.J. 686 State of Uttar Pradesh Vs. Jageshwar and others.
Prosecution leading large mass of useless evidence, Single circumstance of recovery of pistol from one of the accused. Not safe to act upon for convicting one out of several accused.
This decision is not applicable to the facts of the present case. There are several circumstances connecting the accused to the crime.
184.Per contra, the learned PP relied upon the following citation:
It was held in (1997) 10 Supreme Court Cases 675 between State of Rajasthan Vs Bhup Singh that:
“14. It is clear from the above evidence that PW.12 discovered the fact that the respondent had buried Article 4 the pistol. His statement to the police that he had buried the pistol in the ground near his house, therefore, gets extricated from the ban contained in Sections 25 and 26 of the Evidence Act as it became admissible under Section 27. The conditions prescribed in Section 27 for unwrapping the cover of ban against admissibility of statement of the accused to the police have been satisfied. They are: (1) A fact should have been discovered in consequence of information received from the accused; (2) he should have been accused of an offence; (3) he should have been in the custody of a police officer when he supplied the information; (4) the fact so discovered should have been deposed to by the witness. If these conditions are satisfied, that part of the information given by the accused which led to such discovery gets denuded of the wrapper of prohibition and it becomes admissible in evidence. It is immaterial whether the information was supplied in connection with the same crime or a different crime. Herer the fact discovered by the police is not Article 4 the pistol, but that the accused had buried the said pistol and he knew where it was buried. Of course, discovery of the said fact became complete only when the pistol was recovered by the police”.
It was held in (2015) 1 Supreme Court Cases 253 between Vasanta
Sampat Dupare Vs State of Maharashtra, that:
“It is fallacious to treat the 'fact discovered' within the section as equivalent to the object produced; the fact discovered embraces the place from which the object is produced and the knowledge of the 98 SC 1/2011 (Dilsukhnagar) accused as to this, and the information given must relate distinctly to this fact. Information as to past user, or the past history, of the object produced is not related to its discovery in the sitting in which it is discovered. Information supplied by a person in custody that ' I will produce a knife concealed in the roof of my house' does not lead to the discovery of a knife; knives were discovered many years ago. It leads to the discovery of the fact that a knife is concealed in the house of the informant to his knowledge, and if the knife is proved to have been used in the commission of the offence, the fact discovered is very relevant”.
185The above citations relied by the prosecution are applicable to the facts of the case, because the material seized at Banjara Nilayam and at the scene of offence are similar as opined by the Expert. The contention of the accused that the material seized are easily available in the market would not survive because there is a presumption under Section 15 and 43(E) of the Unlawful Activities
Presumption Act, which reads as under:
Section 15 in The Unlawful Activities (Prevention) Act, 1967 15 Terrorist act. —Whoever does any act with intent to threaten or likely to threaten the unity, integrity, security or sovereignty of India or with intent to strike terror or likely to strike terror in the people or any section of the people in India or in any foreign country,—
(a) by using bombs, dynamite or other explosive substances or inflammable substances or firearms or other lethal weapons or poisonous or noxious gases or other chemicals or by any other substances (whether biological radioactive, nuclear or otherwise) of a hazardous nature or by any other means of whatever nature to cause or likely to cause—
(i) death of, or injuries to, any person or persons; or
(ii) loss of, or damage to, or destruction of, property; or
(iii) disruption of any supplies or services essential to the life of the community in India or in any foreign country; or
(iv) damage or destruction of any property in India or in a foreign country used or intended to be used for the defence of India or in connection with any other purposes of the Government of India, any State Government or any of their agencies; or
(b) overawes by means of criminal force or the show of criminal force or attempts to do so or causes death of any public functionary or attempts to cause death of any public functionary; or
(c) detains, kidnaps or abducts any person and threatens to kill or injure such person or does any other act in order to compel the Government of India, any State Government or the Government of a foreign country or any other person to do or abstain from doing any act, commits a terrorist act. Explanation. —For the purpose of this section, public functionary 99 SC 1/2011 (Dilsukhnagar) means the constitutional authorities and any other functionary notified in the Official Gazette by the Central Government as a public functionary.]
Section 43E in The Unlawful Activities (Prevention) Act, 1967
Presumption as to offences under section 15. —In a prosecution for an offence under section 15, if it is proved—
(a) that the arms or explosives or any other substances specified in the said section were recovered from the possession of the accused and there is reason to believe that such arms or explosives or other substances of a similar nature were used in the commission of such offence; or
(b) that by the evidence of the expert the fingerprints of the accused or any other definitive evidence suggesting the involvement of the accused in the offence were found at the site of the offence or on anything including arms and vehicles used in connection with the commission of such offence, the Court shall presume, unless the contrary is shown, that the accused has committed such offence and it is for the accused to explain how they got into possession of these material.
186. CONFESSION OF CO ACCUSED
The learned counsel for the accused relied upon the following citation:
1986(1) CRIMES 57 Ashok Kumar Vs. The State and others “ In the present case the confession of Vinod and Ramesh Chand (Accused), as already mentioned, was not admissible and, therefore, the same could not be admissible against Dev Raj Dewan if the said accused were tried jointly with Vinod and Ramesh Chand (Accused).”
187.This decision is not applicable to the facts and circumstances of the case, because A1 & A2 together stated that the blasts were carried out by them and along with A3 at Hyderabad for taking revenge with respect to
Mecca Masid Blast
188. SANCTION TO PROSECUTION:
The learned counsel for the accused relied upon the following decisions:
(1997) 7 SUPREME COURT CASES 744 Rambhai Nathabhai Gadhvi and 100 SC 1/2011 (Dilsukhnagar) others Vs. State of Gujarat, wherein it was held that :
Sanction granted by the DGP on the strength of copy of FIR and letter sanctioning permission narrating facts of the case. No other document sent to the DGP nor did not DGP call for any document for his perusal. Sanction was vitiated on ground of non – application of mind.
(1997) 7 SUPREME COURT CASES 622 Mansukhlal Vithaldas Chauhan
Vs. State of Gujarat, wherein It was held that :
Sanction issued by an authority on the directions of the High Court, held, was invalid because there was no independent application of mind by that authority.
189.Perusal of Ex.P112 would go to show that the sanction was granted upon perusing and examining the entire facts of the case. Similarly, Ex.P113 sanction was granted upon perusal of the relevant records pertaining to crime
No.1/2011 of Octopus Police Station and there is no force in the contention of the accused the sanction was accorded without verifying the records.
190.Coming to filing of xerox copy of sanction order, it is to be noted that original of charge sheet along with list of documents which also contained the original sanction order was misplaced and the same was within the knowledge of both the parties and they also issued no objection in that regard and therefore, the action of my predecessor in proceeding with the trial of this case on xerox copy of charge sheet and its listed documents furnished by the prosecution is ratified by the Hon'ble Metropolitan Sessions Judge vide orders in
Dis.No.12502/Admn/MSJ/Hyd/2018, dated 25.8.2018. Even otherwise no prejudice would be caused to either side because they proceeded with the trial having knowledge about the same and did not make any objection for the same.
191. NON EXPLNATION IN SECTION 313 CR.P.C. EXMINATION additional LINK 101 SC 1/2011 (Dilsukhnagar)
The learned counsel for the accused relied the following citations and argued that the prosecution cannot rely upon the weakness of the defence and initial burden lies on the prosecution to prove the case.
1993 CRI.L.J. 558 M. Srinivasulu Reddy Vs. State Inspector of Police Anti
Corruption Bureau Nellore Ranga Nellore
Initial burden lies on prosecution to prove. It cannot take advantage of weaknesses of defence or inconsistent stand taken by accused.
2009 CRI. L. J. 4647 Dhanpal Vs. State by Public Prosecutor, Madras
Prosecution has to prove its own case. Court cannot shift burden of proof on accused. AIR 2003 SUPREME COURT 2141 State of U.P Vs. Ram Sewak and others
Benefit of doubt – For imposing punishment on an accused a high standard of proof was required – However, on hypothetical grounds and surmises, prosecution evidence of a sterling character could not be brushed aside and disbelieved to give undue benefit of doubt to accused
192.Per contra, the learned Public prosecutor relied upon the following citations:
It was held in 2002 Law Suit(SC) 867 between Gurpreet Singh Vs
State of Haryana that:
“In view of the aforesaid evidence collected against the appellant, he was put to trial for murder of his wife Kalpna. The entire evidence was put him in his statement under Section 313 of the Code of Criminal Procedure. He mostly claimed ignorance regarding the circumstances in which the death of the deceased took place.”
193.There is no dispute with regard to citations relied upon by both sides. But ultimately the nonexplanation will reduce the heavy onus of proof on the prosecution. In the present case on hand also, the accused did not give any 102 SC 1/2011 (Dilsukhnagar) explanation except accused No.1, but the said explanation offered by the accused
No.1 is not acceptable, as the same is not supported by any material to show that he was not present at the time of incident at the scene of offence, and the during the period of his stay at Banjara Nilayam and also at Azizia lodge etc.
194At this stage, the learned counsel for the accused relied upon the following citation, on the aspect of PLEA OF ALIBI:
(2009) 13 SUPREME COURT CASES 565 State of Kerala Vs. Anilachandran
Alias Madhu, wherein it was held that:
Pleading and proof – Held, it is certainly the duty of the persons who plead an alibi to prove it beyond reasonable doubt – But even if plea of alibi set up by accused is discarded that does not take away the duty of the prosecution to prove beyond reasonable doubt that the accused persons were guilty – Merely because the accused was not able to prove his defence, it cannot be presumed that the prosecution case is proved against him – Evidence Act, 1872, Ss. 11 and 106.
195There is no dispute with regard to the above citation. But in the present case on hand, the prosecution established beyond all reasonable doubt the presence of the accused prior to the incident in Hyderabad, on the date of incident, at Lumbini Park, and subsequent to incident in Hyderabad.
196.BENEFIT OF DOUBT,
The learned counsel for the accused relied upon following citation:
AIR 2003 SUPREME COURT 2141 State of U.P Vs. Ram Sewak and others, wherein it was held that:
for imposing punishment on an accused a high standard of proof was required 103 SC 1/2011 (Dilsukhnagar)
197.There is no dispute with regard to the ratio laid down in the above said decision. The prosecution produced high standard of proof in this case against A1, A2 and A5, and the role of A6 is not established by the prosecution in any of the offences as alleged and the benefit of doubt can only be given to accused No.6. All the learned counsel for the accused raised several contentions with a view to create doubt in the case of the prosecution but those doubts are like doubts of a doubting Thomas. At the same time, a doubt by the Criminal
Court should not be that of doubting Thomas, it should be a real and tangible doubt. A doubt regarding the veracity of the evidence of the witness should be a reasonable doubt and the evidence cannot be simply brushed aside on minor aspects as held in Mallappa Siddappa Alakanur and others Vs. State of
Karnataka Crl.A.No.1055/2002, delivered by Hon’ble Court Supreme Court on 7.7.2009. That’s why, it was held in Dayal Singh and others Vs. State of
Uttaranchal reported in ( 2012) 8 SCC 263, that criminal justice system provides safeguards of fair trial and innocent till proven guilt to an accused.
There it also contemplates that a criminal trial is meant for doing justice to all, the accused, the society and a fair chance to prove to the prosecution. The Courts do not merely discharge the function to ensure that no innocent man is punished, but also that a guilty man does not escape. Both are public duties of the Judge.
During the course of trial the learned Presiding Judge is expected to work objectively and in a correct perspective. Where the prosecution attempts to misdirect the trial on the basis of perfunctory or designedly defective investigation, there the Court is to be deeply cautious and ensure that despite such an attempt, the determinative process is not subserved. For truly attaining this object of a fair trial, the Court should leave no stone unturned to do justice and protect the interest of the society as well”.
104 SC 1/2011 (Dilsukhnagar)
198.CONDUCT OF THE ACCUSED:
The learned Special Public Prosecutor further relied upon the following citations in respect of conduct of the accused, absconding , TIP on photo shown, delay in identification of the accused etc, as under:
In Mohd. Khalid Vs. State of West Bengal “232. A criminal trial is not an enquiry into the conduct of an accused for any purpose other than to determine whether he is guilty of the offence charged. In this connection, that piece of conduct can be held to be incriminatory which has no reasonable explanation except on the hypothesis that he is guilty. Conduct which destroys the presumption of innocence can alone be considered as material.”
Absconding of Accused “233. Thus, it has been proved beyond reasonable doubt that accused
Manu Sharma absconded after the incident which is a very relevant conduct under Section 8 of the Evidence Act.”
199.Section 8 of the Evidence Act reads as under:
8. Motive, preparation and previous or subsequent conduct.—Any fact is relevant which shows or constitutes a motive or preparation for any fact in issue or relevant fact. The conduct of any party, or of any agent to any party, to any suit or proceeding, in reference to such suit or proceeding, or in reference to any fact in issue therein or relevant thereto, and the conduct of any person an offence against whom is the subject of any proceeding, is relevant, if such conduct influences or is influenced by any fact in issue or relevant fact, and whether it was previous or subsequent thereto. Explanation 1.—The word “conduct” in this section does not include statements, unless those statements accompany and explain acts other than statements; but this explanation is not to affect the relevancy of statements under any other section of this Act. Explanation 2.—When the conduct of any person is relevant, any statement made to him or in his presence and hearing, which affects such conduct, is relevant. Illustrations
(a) A is tried for the murder of B. The facts that A murdered C, that B knew that A had murdered C, and that B had tried to extort money from A by threatening to make his knowledge public, are relevant.
(b) A sues B upon a bond for the payment of money. B denies the making of the bond. The fact that, at the time when the bond was alleged to be made, B required money for a particular purpose is relevant.
105 SC 1/2011 (Dilsukhnagar)
(c) A is tried for the murder of B by poison. The fact that, before the death of B, A procured poison similar to that which was administered to B, is relevant.
(d) The question is, whether a certain document is the Will of A. The facts that, not long before the date of the alleged Will, A made inquiry into matters to which the provisions of the alleged Will relate, that he consulted vakils in reference to making the Will, and that he caused drafts or other Wills to be prepared of which he did not approve, are relevant.
(e) A is accused of a crime. The facts that, either before or at the time of, or after the alleged crime, A provided evidence which would tend to give to the facts of the case an appearance favourable to himself, or that he destroyed or concealed evidence, or prevented the presence or procured the absence of persons who might have been witnesses, or suborned persons to give false evidence respecting it, are relevant.
(f) The question is, whether A robbed B. The facts that, after B was robbed, C said in A’s presence—"the police are coming to look for the man who robbed B”, and that immediately afterwards A ran away, are relevant.
(g) The question is, whether A owes B rupees 10,000. The facts that A asked C to lend him money, and that D said to C in A’s presence and hearing—“I advise you not to trust A, for he owes B 10,000 Rupees”, and that A went away without making any answer, are relevant facts.
(h) The question is, whether A committed a crime. The fact that A absconded after receiving a letter warning him that inquiry was being made for the criminal and the contents of the letter, are relevant.
(i) A is accused of a crime. The facts that, after the commission of the alleged crime, he absconded, or was in possession of property or the proceeds of property acquired by the crime, or attempted to conceal things which were or might have been used in committing it, are relevant.
(j) The question is, whether A was ravished. The facts that, shortly after the alleged rape, she made a complaint relating to the crime, the circumstances under which, and the terms in which, the complaint was made, are relevant. The fact that, without making a complaint, she said that she had been ravished is not relevant as conduct under this section, though it may be relevant as a dying declaration under section 32, clause (1), or as corroborative evidence under section 157.
(k) The question is, whether A was robbed. The fact that, soon after the alleged robbery, he made a complaint relating to the offence, the circumstances under which, and the terms in which, the complaint was made, are relevant. The fact that he said he had been robbed, without making any complaint, is not relevant, as conduct under this section, though it may be relevant as a dying declaration under section 32, clause (1), or as corroborative evidence under section 157.
200.The prosecution relied upon the citation reported in AIR 2017
SUPREME COURT 1761 Chanrandas Swami Vs. State of Gujarat, wherein the
Hon’ble Apex Court held as under:
A discovery of a fact includes the object found, the place from which it 106 SC 1/2011 (Dilsukhnagar) is produced and the knowledge of the accused as to its existence.
Section 8 of Evidence Act. The evidence of the investigating officer and PW.s 1, 2, 7 and PW.4 the spot mahazar witness that the accused had taken them to the spot and pointed out the place where the dead body was buried, is an admissible piece of evidence under Section 8 as the conduct of the accused. This view taken by the High Court, in our opinion, is a possible view. It is certainly not a perverse view. As the identity of the dead body of the deceased Gadadharanandji is established, it is a strong circumstance to link it to Accused No.3 who had voluntarily disclosed to the investigating agency about the spot/location where the dead body of the deceased was dumped by him and that being the same place in Barothi village in Rajasthan from where the dead body of an unknown person was recovered earlier by the local police.
201.There is no dispute with regard to the ratio laid down by the
Hon’ble Supreme Court.
202.In the present case on hand also, A1 & A2 absconded from the scene of offence after the blasts. Hence, the above said decision is applicable with regard to the conduct of the accused under Section 8 of the Evidence Act. It is also pertinent to note that the accused had shown the shops from where they purchased the bags and batteries and TV and other material and the same is admissilbe under Section 8 of the Indian Evidence Act.
203.The learned Special Public Prosecutor further relied upon the following settled laws in respect of TIP on photo shown, delay in identification of the accused etc, as under:
TIP on photo shown:
“Even a TIP before a Magistrate is otherwise hit by Section 162 of the Code. Therefore to say that a photo identification is hit by Section 162 is wrong. It is not a substantive piece of evidence. It is only by virtue of Section 9 of the Evidence Act that the same ie the act of identification becomes admissible in court. The logic behind TIP, which will include photo identification lies in the fact that it is only an aid to investigation, where an accused is not known to the witnesses, the IO conducts a TIP to 107 SC 1/2011 (Dilsukhnagar) ensure that he has got the right person as an accused. The practice is not borne out of procedure, but out of prudence. At best it can be brought under Section 8 of the Evidence Act, as evidence of conduct of a witness in photo identifying the accused in the presence of an IO or the
Magistrate, during the course of an investigation.”
Photo TIP:
“259. In Mullagiri Vajram Vs State of A.P.. it was held that though the accused was seen by the witness in custody, any infirmity in TIP will not affect the outcome of the case, since the depositions of the witnesses in court were reliable and could sustain a conviction. The photo identification and TIP are only aides in the investigation and does not form substantive evidence. The substantive evidence is the evidence in the court on oath.”
Delay in identification of accused:
It was held in (2001) 3 Supreme Court Cases 468 between Daya Sigh Vs
State of Haryana, that:
“Theoretically in some cases what has been noted by the learned author may be true. For that purpose, the evidence of the witness is required to be appreciated with extra care and caution. But, where evidence is cogent, consistent and without any motive, it is no use to imagine and magnify theoretical possibilities with regard to the state of mind of the witnesses and with regard to their power of memorising the identity of the assailants. Power of perception and memorising differs from man to man and also depends upon situation. It is also depends upon the capacity to recapitulate what has been seen earlier. But that would depend upon the strength or trustworthiness of the witnesses who have identified the accused in the court earlier. Further in the present case, identification in the court was out of 14 persons. That itself would lend credence to identification by the witnesses. For this purpose, learned
Judge has rightly observed to the effect that physical features of the
accused must have been embedded in the memory of Jaswant Kaur. From the evidence and the crossexamination of these two witnesses, it is apparent that they gained enduring impression of the identity of the accused during the incident. Therefore, delay in trial by the Designated
Judge for one reason or the other and thereafter identification of the
accused in the court after seven or eight years would not affect the evidence of these two witnesses.”
204.In the present case there is no delay in conducting TIP. Due to procedural requirements the PT warrants issued belatedly and immediately within 108 SC 1/2011 (Dilsukhnagar) days of securing the accused, the Test Identification parade is conducted. The identification in the trial Court after 8 or 9 years would not effect the evidence of these witnesses.
205.Section 121A IPC: Overawe by means of criminal force.
It was held in (2014) 7 Supreme Court Cases 443 between Mohd.
Jamiluddin Nasir Vs State of West Bengal, that:
“161. After the said decision, we have a recent decision of this Court in Mohd. Ajmal Amir Kasab. Here again this Court had to deal with the offences under Sections 121, 121A read with Sections 122, 120B. While analysing the concept “waging war” against the Government of India, this Court has explained the concept in the said decision. This Court has expressed as to how the expression “Government of India” should be understood in the context of a charge under Sections 121, 121 A and 122. The relevant paragraphs are paras 537, 538, 540 and 543. We can carefully refer to para 543, which reads as under: (SCC p.206) “543. Coming back to the facts of the case in hand, we find that the primary and the first offence that the appellant and his coconspirators committed was the offence of waging war against the Government of India. It does not matter that the target assigned to the appellant and Abu Ismail was CST Station (according to Mr. Ramachandran, no more than a public building)where they killed a large number of people or that they killed many others on Badruddin Tayabji Marg and in Cama Hospital. What matters is that the attack was aimed at India and Indians. It was by foreign nationals. People were killed for no other reason than they were Indians; in case of foreigners, they were killed because their killing on Indian soil would embarrass India. The conspiracy, in furtherance of which the attack was made, was, inter alia, to hit at India; to hit at its financial centre; to try to give rise to communal tensions and create internal strife and insurgency; to demand that India should withdraw from Kashmir; and to dictate its relations with other countries. It was in furtherance of those objectives that the attack was made, causing the loss of a large number of people and injury to an even greater number of people. Nothing could have been more 'in like manner and by like means as a foreign enemy would do”. “163.1. From the evidence on record, we find that the intention of the accused collectively and individually was a defiant of raging attitude against the State.
163.2. Though the number of accused were not many in number like that of a manpower required in a battlefield, the mindset of each of the accused was loaded with such animosity against the State and its 109 SC 1/2011 (Dilsukhnagar) machinery viz., the police force, the act of the assailants at the spot virtually displayed the vicious mindset of all those who were behind it.
163.3. Though the chosen assailants by the conspirators were only two in number the vengeance with which they indulged in the attack at the spot viz., the American Centre towards the police force and the extent of damage they caused demonstrated the diabolic mindset of all the conspirators in committing the crime.
163.4 Though the actual assailants were only two in number at the spot of occurrence, the execution of the assault, which resulted in the killing of five policemen and injury caused to around 13 number of personnel, as described by the eyewitnesses, disclosed the merciless conduct of the whole lot of accused. The scene of occurrence as stated by the witnesses, makes us feel as though it was like a battlefield and a war like situation was created, though no pomp and pageantry usually associated with war was present.
163.5. This is not an offence due to an outcome of a lawlessness of a group of individuals who indulged in such a crime unaware of the damage and destruction it would cause. On the other hand, it was an act committed with all preparation and with a determination to cause damage of unimaginable extent to men and material.
163.6 The act indulged in by the accused cannot be also be attributed to any public cause or public good in order to state that even though the target of attack was towards police force posted at American Centre, there was no Hippocratic mindset behind such attack.
163.7 However much one would attempt to mitigate the acts indulged in by the accused and the assailant it is difficult to comprehend that the accused did not intend to commit an offence of such high magnitude, but only intended to resort to a simple revenge. On the other hand, the intent and purpose of the attack was to create an indelible mark in the mind of the State that their group can go to any extent when it comes to the question of implementing their wrong perceptive jehadi movement.
163.8 The target of attack chosen after considerable deliberation by the conspirators, namely, the American Centre and the police force posted there was sufficient to demonstrate that once the attack is executed, the State machinery should realise the vulnerability of the group committing such offence who cannot be ignored for all times to come.
163.9 We find that the object of the conspirators was to create panic in the mind of the public at large and a horrendous threat to be felt by the State about the accused assailants and all those who are behind such conspiracy. The consequence of such an attack also conveys an impression on the State to be on the alert always to face such and even more intense attacks in future which would pose a constant challenge to the State and the democratic Constitution.
110 SC 1/2011 (Dilsukhnagar) 163.10. In the ultimate analysis, the act of the accused assailants was not a mere desperate act of a small group, but was an act of higher magnitude with a clear object and determination to impinge on the SOVEREIGN AUTHORITY of the Nation and its Government.”
206.The above decisions are aptly applicable to the facts of the present case.
207.On the aspect of latches on the part of the Investigation Officers, the learned Special Public Prosecutor relied upon the following decision
AIR 2000 SUPREME COURT 185 State of Karnataka Vs. K.
Yarappa Reddy, wherein it is held as under:
it can be a guiding principle that as investigation is not the solitary area for judicial scrutiny in a criminal trial, the conclusion of the court in 243the case cannot be allowed to depend solely on the probity of investigation. It is well nigh settled that even if the investigation is illegal or even suspicious the rest of evidence must be scrutinized independently of the impact of it. Otherwise criminal trial will plummet to the level of the Investigating Officer ruling the roost. The Court must have predominance and preeminence in criminal trials over the action taken by Investigating Officers. Criminal justice should not be made the casualty for the wrongs committed by the Investigating Officers in the case.
208.Perusal of case records viz., Order in Crl.M.P.no.4226/2008 in
Crl.No.97 of 2008 of SIT, passed by the learned XII Additional Chief Metropolitan
Magistrate, Hyderabad, dated 7.11.2008, it was stated that as per the provisions
of MCOC Act and Rules, copy of confession panchanama cannot be issued and the same has been submitted in a sealed cover to the Special Designated Court. Basing on the letter and earlier letter of Additional Commissioner of Police (Crimes)
Bombay, dated 21.10.2008, the police filed the petition for PT warrant. The learned XII Additional Chief Metropolitan Magistrate, Hyderabad having satisfied that the there was a provision under Section 19 of the MCOC Act for protecting the interests of the witnesses mentioned in the confessional statements recorded there in, and having satisfied with the letter of Additional Commissioner of Police (Crimes) Bombay dated 21.10.2008 that the accused revealing their involvement 111 SC 1/2011 (Dilsukhnagar) in the bomb blasts occurred at Hyderabad in the year 2007, had issued PT warrants against the accused. The MCOCA Court at Bombay also after receiving the said requisition passed order for transit warrant and therefore there is no illegality in the issuance of PT warrant and arrest of the accused in this case. Even otherwise, the accused have not challenged the above said orders in any Court of law. So, the non examination of Additional Commissioner of Police, Crimes,
Mumbai who addressed letter and the Commissioner of Police, Hyderabad, who received the said letter is not fatal.
209.The next contention of the defence counsel for the accused No.2 is that in three cases xerox copies are filed. There is no force in the said contention.
When original is filed in one case, the xerox copy is filed in another two cases, and there were marked without objection.
210. The further contention of the defence is that Pws. 15 and PW.20 are planted witnesses as they did not immediately gave any statement nor sustained injuries nor furnished laser show tickets to show their presence at the place of offence. On this learned Special Public Prosecutor submitted that that
Criminal courts should not expect a set reaction from any eyewitness on seeing an incident like murder. If five persons witness one incident there could be five different types of reactions from each of them. It is neither a tutored impact not a structured reaction which the eye witness can make. It is fallacious to suggest that
PW.11 would have done this or that on seeing the incident. Unless the reaction demonstrated by an eyewitness is so improbable or so inconceivable for any human being pitted in such a situation it is unfair to dub his reactions as unnatural, and in support of the same he relied upon the following citations: 2017 (1) ALT (Crl.) 188 (SC) Yogesh Singh Vs. Mahabeer Singh and others
211.There is no force in the submission of the learned defense counsel .
112 SC 1/2011 (Dilsukhnagar)
Moreover, PW.20 stated that “After blasting we were shocked and our ears were blocked. After I reached my house I came to know through news in TV that the bomb blasts were occurred in Gokulchat and Lumbini Park”
212.There is a general procedure in parks that whenever a person enters into park, the ticket will be received from him by the Watch Man and it will be torned into two pieces. So, it cannot be expected that the witnesses were required to retain the tickets. So, their presence cannot be doubted at Lumbini Park. In far as this case, Pws. 3 to 5 have clearly identified the accused No.1 as the person who kept bag on the motor cycle of PW.5 belonging to PW.1.
213The learned defence counsel further contended that the property seized are not sealed by the Investigating Officer. Therefore there is every possibility of tampering the same before sending to the FSL. He drew my attention to the cross examination of PW.8 and PW.46, where it was mentioned that the police did not seal the property seized from Banjara Nilayam.
214.Whereas perusal of FSL report shows that they received sealed box from I Additional Chief Metropolitan Magistrate Court, Hyderabad. Moreover the items mentioned in the panchanama and the FSL report are one and the same.
Hence, the latches,. if any on the part of the Investigating Officer do not go to the root of the case.
215. Minor Omissions & Contradictions
It needs no special emphasis to state that every omission cannot take place of a material omission and therefore, minor contradictions, inconsistencies or insignificant embellishments do not affect the core of the prosecution case and should not be taken to be a ground to reject the prosecution evidence. The omission should create a serious doubt about the truthfulness or creditworthiness 113 SC 1/2011 (Dilsukhnagar) of a witness. It is only the serious contradictions and omissions which materially affect the case of the prosecution but not every contradiction or omission.
216. Defects of I.O
There may be highly defective investigation in a case. However, it is to be examined as to whether there is any lapse by the IO and whether there is any lapse by the IO and whether due to such lapse any benefit should be given to the accused. The law on this issue is well settled that the defect in the investigation by itself cannot be a ground for acquittal.
217. Coming to documentary evidence, Ex.P1 to P16 are the photographs of Mos. 1 to 11 and other items, Ex.P1 is the attested xerox copy of complaint, Ex.P17 is the scene of offence observation panchanama , and Ex.P18 is the rough sketch, Ex.P19 is the scene of offence observation on the foot path where the bomb shifted, and Ex.P20 is the rough sketch corresponding to Ex.P19,
Ex.P21 statement of PW.4, given to Magistrate, Ex.P22 statement of PW.5,
Ex.P23 is original ID card of Dhoom Technology, Ex.P24 copy of rental deed,
Ex.P25 is the original receipt of dhoom technology on the name of Vinod Patil,
Ex.P26 is the cable connection card, Ex.P27 is the note book cable connection office, showing the name Satish Gaikwad , age column No.75, Ex.P28 is the certified copy of seizure panchanaxma at Venkateswara cable, Ex.P29 is the certified copy of seizure panchanama at Azizia Lodge, Ex.P30 is the copy of register of Aizizia lodge, Ex.P31 is the enquiry form booklet, Ex.P31A serial
No.264 in Eqnuiry Form book let, Ex.P31B serial No.265 in enquiry form book let, Ex.P32 is the feet receipt book of Dhoom Technology, Ex.P32A serial No,.186 of fee receipt book Ex.P32B serial No.187 of fee receipt book, Ex.P33 is the original receipt in the name of Satish Gaikwad (A2), Ex.P34 identity card in the name of Satish Gaikward A2, Ex.P35 is the certified copy of seizure panchanama 114 SC 1/2011 (Dilsukhnagar) at Dhoom Technology, Ex,.P36 is the certified copy of seizure panchanama of
Mos 12 5o P23, Ex.P37 is the cetified copy of seizure panchamama of rental deed,
Ex.P38 is the certified copy seizure panchanama of Mos. 24 to 31, Ex.P39 is the seizure of PW.17 on TI Parade Statement, Ex.P40 xerox copy of agreement of leave and license (Original not seized), Ex.P41 is Signature of PW.20 on the TI
Parade statement (certified copy) Ex.P42 is Xerox copy of Admissible portion of confession panchanama of A2, Ex.P43 is Xerox copy of Admissible portion of confession panchanama of A1,Ex.P44is Xerox copy of Relevant portion of seizure panchanama of A2 , Ex.P45 is Relevant portion of confession panchanama of A1, Ex.P46 Certificate for the destruction of detonators, Ex.P47 CD containing the photographs of Bhatkal, Ex.P48 is FSL report contains 3 pages, Ex.P48A
Opinion part of Ex.P48, Ex.P49 is theFIR in crime No.255/2007 of PS
Malakpet, Ex.P50 is the Letter addressed to Addl. Commissioner of Police, SIT &
Crimes Ex.P51 is FIR in Crime No.98/2007, PS CCS (Xerox copy), Ex.P52 isTest
Identification Parade Proceedings, Ex.P53 is List of Non suspects, Ex.P54 is the
Stamp Impression Sheet (S1), Ex.P54 Stamp Impression sheet (S2 & S3), Ex.P56 is the xerox copy of FSL report, Ex.P57 Xerox copy of specimen writings and signatures (35 sheets), Ex.P58 & 59 are the FSL reports (xerox copies) Ex.P60 is
Attested copy of letter addressed to CP, Hyderabad, Ex.P61is Xerox copy of scene of offence observation cum seizure panchanama at Lumbini Park, Ex.P62 and P63 are the sanction orders, Ex.P64 is the Orders from MCOCA Court, Ex.P65 is the Photo copy of orders from MCOCA Court to arrest A5 and A6, Ex.P66 is
Orders from I ACMM Court, Hyderabad, Ex.P67 is Proceedings and opinion of
Expert, Ex.P68 is Photocopy of report, Ex.P68A is Opinion part of Ex.P68,
Ex.P69 is the Photocopy of report,Ex.P69A Opinion part of Ex.P69,Ex.P70 is the
Sanction order from Principal Secretary. The above said documents are 115 SC 1/2011 (Dilsukhnagar) corroborating to the evidence of the above stated witnesses.
217A.Having considered the oral and documentary evidence, this Court has no hesitation to hold that the prosecution established all these above said circumstances beyond all reasonable doubt, which lead to irresistible conclusion that A1, A2, A3 (absconding) carriedout blasts at Hyderabad on 25.8.2007 with common intention and conspiracy.
218.Keeping in mind the above discussion, let me make discussion on the points (I) to (X).
219.I) Does the prosecution prove that accused No.1 (Akber)
with the common intention and conspiracy of A2, abetment and conspiracy
of A5 and A6 and other absconding accused, attempted to commit murder of
innocent persons by planting bomb in front of J.C. brothers shopping
mall, located near Foot Over bridge, at Dilsukhnagar, Hyderabad with such
an intention or knowledge and under such circumstances that if by that act
caused the death of innocent persons, they would have been guilty of
murder, punishable under Section 307 of Indian Penal Code?
220.Section 307 of Indian Penal Code: Attempt to murder — Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty or murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and if hurt is caused to any person by such act, the offender shall be liable either to imprisonment for life.
116 SC 1/2011 (Dilsukhnagar)
221.Section 107 of Indian Penal Code: Abetment of a thing — A person abets the doing of a thing, who— First — Instigates any person to do that thing; or Secondly — Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or Thirdly — Intentionally aids, by any act or illegal omission, the doing of that thing.
Explanation 1 — A person who by willful misrepresentation, or by willful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing.
222..To prove the charge of abetment, the prosecution is required to prove that the abettor had instigated for the doing of a particular thing or engaged with one or more other person or persons in any conspiracy for the doing of that thing or intentional aided by an act of illegal omission, doing of that thing.
223.On this aspects, I have already discussed in the previous part of judgment how the accused kept the bag which was unexploded infront of JC brothers, near Foot over Bridge, Dilsukhnagar, and the placing of IED bomb (Time Bomb) placed by the accused is clearly established by the above evidence.
It is clearly established that the bomb which was placed at Dilsukhnagar was an
IED bomb dangerous one, and it is an high explosive. Had the bomb exploded, it would have caused death of several innocent persons. So, by placing such an
IED bomb the intention or knowledge of the accused, under such circumstances that by the said act it would cause death several places and choosing of the said 117 SC 1/2011 (Dilsukhnagar) place is also goes to show that it was a crowded place and his intention was to cause maximum death of the persons nearer to the said bomb. It is not the case of the defence counsel that he was not aware of the fact that the said placing of bomb (IED) would not cause serious injuries and death to the innnocent persons.
So, the intention of the accused No.1 can be clearly deduced from the fact that he intended to take lives of several innocent persons by causing explosion of IED bomb. Had the bomb exploded, the death of the persons was imminent. So, the guilty of the accused No.1 under Section 307 IPC is clearly coming out, A2 had common intention and conspired for the said act of accused No.1 and the same is coming out from the previous part of the judgment. Therefore this Court has no hesitation to hold that the accused No.1 is guilty of the offence punishable
U/Sec.307 IPC. The accused No.2 is found guilty of offence punishable U/Sec.307 r/w 34 r/w 120B IPC. In so far as, A5 & A6 are concerned, the prosecution failed to establish their involvement in the said offences beyond all reasonable doubt. Point (I) answered affirmatively in favour of prosecution and against A1 & A2.
224.II) Does the prosecution prove that accused No.1 (Akber)
with the common intention and conspiracy of A2, abetment and conspiracy
of A5 and A6 and other absconding accused, within or without India
conspired to overawe by means of criminal force or show of criminal force,
the Central Government and the State Government, punishable under
Section 121A of Indian Penal Code ?
225.On this aspect, the following circumstances (i) the accused No.1 & 118 SC 1/2011 (Dilsukhnagar) 2 and absconding accused collected Improvised Explosive Device which comes within the definition of arms and ammunition at Hyderabad sent from Mumbai through bus and then A1 & A2 joined hands with A3 (absconding) in preparation of bombs and planting of bombs at Dilsukhnagar, and the same is supported by eye witnesses, and it is clinchingly established the fact that their intention is only to wage war against the Government of India thereby to target the innocent people under the following circumstances (i) the accused collected Improvised
Explosive Device which comes within the definition of arms and ammunition and brought the same to Hyderabad and the remnants of the same recovered at their instance from Banjara Nilayam Habsiguda Hyderabad would only show their intention to wage war against the Government of India thereby to target the innocent people and they decided to threaten the unity, integrity, security or sovereignty of India,wage war against the Government of India by carrying out series of blasts, and in consequence of the same, A1 planted IED (time bomb) at near Foot Over Bridge, JC Brothers, Dilsukhnagar, with the common intention and conspiracy of A2 and absconding accused No.3, and caused death innocent persons (mentioned in SC 2/2011, SC 3/2011), with intent that the same would create disharmony among the groups of religions against each other, and thereby they committed the above said offences. Therefore under section 121A of IPC there can never be any direct evidence regarding the fact of waging war against the Government of India or attempt to wage such a war. The offence can only be proved by the circumstantial evidence and oral testimony of the witnesses.
In the present case, the circumstances are explained in penultimate paras establishes role of A1 and A2 along with absconding Accused No.3. Therefore this Court has no hesitation to hold that the accused No.1, A2 have committed the offence U/Sec.121A IPC. The omission to mention Sections 34 and 109 IPC 119 SC 1/2011 (Dilsukhnagar) in the charge has only an academic significance and has not in any way misled the accused. This Court holds that the accused No.1 is found guilty for the offence
Section 121A IPC, and accused No.2 is found guilty for the offence under Section 121A r/w 34 r/w 120B IPC. In so far as, A5 & A6 are concerned, the prosecution failed to establish their involvement in the said offences beyond all reasonable doubt. Point II is answered affirmatively in favour of prosecution and against A1 & A2.
226. III) Does the prosecution prove that accused No.1 (Akber)
with the common intention and conspiracy of A2, abetment and conspiracy
of A5 and A6 and other absconding accused promoted feelings of enmity or
hatred between the groups viz., prejudicial to maintenance of harmony
between the said groups, disturbed or likely to disturb public tranquility on
25.8.2007 by placing in front of J.C. brothers shopping mall, located near
Foot Over bridge, at Dilsukhnagar, Hyderabad, punishable under Section
153A of Indian Penal Code?
227.On this aspect, the learned counsel for the accused relied upon citation in 2007 CRI.L.J. 2959 (SUPREME COURT) Manzar Sayeed Khan Vs.
State of Maharashtra and Anr., wherein it was held as under:
“The intention to cause disorder or incite the people to violence is the sine qua non of the offence under Section 153A of IPC and the prosecution has to prove prima facie the existence of mens rea on the part of the accused. The intention has to be judged primarily by the language of the book and the circumstances in which the book was written and published. The matter complained of within the ambit of Section 153A must be read as a whole. One cannot rely on strongly worded and isolated passages for proving the charge nor indeed can take a sentence here and a sentence there and connect them by a meticulous process of inferential reasoning.”
228.Section 153A of IPC reads as under:
120 SC 1/2011 (Dilsukhnagar) 153A. Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to mainte nance of harmony.— (1) Whoever—
(a) by words, either spoken or written, or by signs or by visible representations or otherwise, promotes or attempts to promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, disharmony or feelings of enmity, hatred or illwill between different religious, racial, language or regional groups or castes or communities, or
(b) commits any act which is prejudicial to the maintenance of harmony between different religious, racial, language or regional groups or castes or communities, and which disturbs or is likely to disturb the public tranquility, 2[or] 2[(c) organizes any exercise, movement, drill or other similar activity intending that the participants in such activity shall use or be trained to use criminal force or violence or knowing it to be likely that the participants in such activity will use or be trained to use criminal force or violence, or participates in such activity intending to use or be trained to use criminal force or violence or knowing it to be likely that the participants in such activity will use or be trained to use criminal force or violence, against any religious, racial, language or regional group or caste or community and such activity for any reason whatsoever causes or is likely to cause fear or alarm or a feeling of insecurity amongst members of such religious, racial, language or regional group or caste or community,] shall be punished with imprisonment which may extend to three years, or with fine, or with both. Offence committed in place of worship, etc.—(2) Whoever commits an offence specified in subsection (1) in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies, shall be punished with imprisonment which may extend to five years and shall also be liable to fine.]
229.The place where accused No.1 planted the bomb was crowed with the persons who belonging to Hindu community and the place chosen by the accused would only go to show that they chosen the said place to incite and promote disturbance to the maintenance of harmony between the Hindus and
Muslims and disturb the public tranquility on 25.8.2007 by exploding the bomb
Dilsukhnagar, and that the involvement of accused No.1, A2 is clearly established for the offence under Section 153A of IPC. Thus, A1 is found guilty for the offence under Section 153A IPC, and since the said act was with the common intention of A1 & A2, A2 is found guilty for the offence under Section 153A r/w 34 r/w 120B IPC. In so far as, A5 & A6 are concerned, the prosecution failed to establish their involvement in the said offences beyond all reasonable doubt.
121 SC 1/2011 (Dilsukhnagar)
Point III is answered affirmatively in favour of prosecution and against A1 & A2.
230.IV) Does the prosecution prove that accused No.1 (Akber) with
the common intention and conspiracy of A2, abetment and conspiracy of
A5 and A6 and other absconding accused were party to a criminal conspiracy
to wage war against the Govt. of India and to commit other offences
i.e.offences punishable u/s punishable U/Sec.307 of Indian Penal Code
(attempt to murder), Section 4 of the Explosive Substances Act (unlawful
attempted to explode), Section 5 of Explosive Substances Act (possession of
Improved Explosive Devices unlawfully), Section 13(1)(a)(b) of Unlawful
Activities (Prevention) Act, 1967 (advocating or inciting the commission of
unlawful activity), Section 16(a)(b) of the Unlawful Activities (Prevention)
Act, 1967 (to threat the unity, integrity, security or sovereignty of India or
with intent to strike terror or likely to strike in the people or any section of
the people of India or in any foreign country), and Section 18 of the
Unlawful Activities (Prevention) Act, 1967 (conspired and attempted to
commit terrorists act viz., by placing IED bomb near Footover bridge, JC
Brothers, Dilsukhnagar), Section 20 of Unlawful Activities (Prevention) Act,
1967 (being member of unlawful association or gang and committing an act
relating to its membership), punishable U/Sec.120B of Indian Penal Code?
231.Whereas the learned Special Public Prosecutor submitted that the evidence adduced by the prosecution clearly establishes the complicity of each of the accused which makes them as conspirators of the crime.
232.In cases of criminal conspiracy, the evidence would attract if there is an agreement between two or more persons to do or cause to be done an illegal act by illegal means. A criminal conspiracy would continue as long as the 122 SC 1/2011 (Dilsukhnagar) members of such conspiracy do acts in furtherance of the object of the conspirators: Under Section 10 of Indian Evidence Act the offence of criminal conspiracy is complete, where the conspirators have agreed to do an act, or in furtherance of their common intention such acts done by any one of them which in itself would be evidence and no specific overt acts need to be established as against each and every accused. In Ramnarayanam Popli Vs State reported in 2003 Supreme Court cases (criminal) page 869 the Hon’ble Supreme court held that the elements of criminal conspiracy are:
a)An object to be accomplished.
b)A plan or scheme embodying means to accomplish such object.
c)An agreement to commit such acts by affective means and
d)An overt act if required by statute.
233. For an offence punishable under 120 B of IPC it would not be necessary to give direct evidence of the agreement of conspirators but can be proved by necessary implications and inferences can be drawn from the acts of the perpetrators. The conspiracy can be proved from the circumstances of the case indicating the meeting of minds. The Hon’ble Supreme Court in Mohammad
Khalid Vs State reported in 2002 the Supreme Court cases (Crl) page 734 held that no overt act need be proved to establish criminal conspiracy when existence of an agreement to commit an act can be shown from circumstances of the case.
In the judgment reported in 2001 SCC (Cri) 1341 FIROZUDDIN BASHEERUDDIN
V/S STATE OF KERALA, the Hon’ble Supreme Court observed at Para 23... The rationale of conspiracy is that the required objective manifestation of disposition to criminality is provided by the act of agreement. Conspiracy is a clandestine activity. Persons generally do not form illegal covenants openly. In the interests of 123 SC 1/2011 (Dilsukhnagar) security, a person may carry out his part of a conspiracy without even being informed of the identity of his coconspirators. The law does not require that the act of agreement take any particular form and the fact of agreement may be communicated by words or conduct. Thus, it has been said that it is unnecessary to prove that the parties "actually came together and agreed in terms" to pursue the unlawful object: there need never have been an express verbal agreement, it being sufficient that there was "a tacit understanding between conspirators as to what should be done,".
234.The circumstances explained in the penultimate paras and the involvement of accused in ghastly act would only show their conspiracy against the State and accused were party to a criminal conspiracy to wage war against the Govt.of India and to commit other offences i.e.offences punishable u/s punishable U/Sec.302 of
Indian Penal Code (murder), U/Sec.307 of Indian Penal Code (attempt to murder), U/Sec.436 of Indian Penal Code (mischief by fire or explosive substances with intend to destroy property at Lumbini Park, Hyderabad and Section 3 of the
Explosive Substances Act (unlawful causing explosion), Section 5 of Explosive
Substances Act (possession of Improved Explosive Devices unlawfully), Section 13(1)(b) of Unlawful Activities (Prevention) Act, 1967 (advocating or inciting the commission of unlawful activity), Section 16(a)(b) of the Unlawful Activities (Prevention) Act, 1967 (to threat the unity, integrity, security or soveri8ghnity of
India or with intent to strike terror or likely to strike in the people or any section of the people of India or in any foreign country), and Section 18 of the Unlawful
Activities (Prevention) Act, 1967 (conspired and attempted to commit terrorists act viz., exploding a bomb inside the Lazerium Lumbini Park, Hyderabad), Section 20 of Unlawful Activities (Prevention) Act, 1967 (being member of unlawful association and committing an act relating to its membership), punishable 124 SC 1/2011 (Dilsukhnagar)
U/Sec.120B of Indian Penal Code.
235.Thus it is established the guilt of the accused No.1 & 2 for the offence under Section 120B IPC. A1 & A2 are found guilty for the offence under
Section 120B r/w 307 IPC. In so far as A5 & A6 are concerned, the prosecution failed to establish their guilt for the offence under Section 120B IPC beyond all reasonable doubt. This Point IV is answered affirmatively in favour of prosecution and against A1 & A2. In so far as A5 & A6 are concerned, it is answered negatively.
236.V) Does the prosecution prove that accused No.1 (Akber)
with the common intention and conspiracy of A2, abetment and conspiracy
of A5 and A6 and other absconding accused unlawfully attempted to
explode a bomb inside the Footover Bridge, near JC Brothers, Dilsukhnagar
Hyderabad, punishable under Section 4 of the Explosive Substances Act,
1908?
237.Now short question fall for consideration is whether the low explosive or high explosive used in the 3 places (Lumbini, Gokulchat & Dilsukhnagar)?
238.On this aspect the learned Special Public Prosecutor submitted that high explosive in the form of IED (time bomb) used in all three places. Per contra, the learned defence counsel vehemently contended that there is inconsistency in the evidence of PW.45 and PW.34. But on perusal of record, I find there is no such inconsistency as PW.45 categorically denied the said aspect.
Moreover PW.45 stated that the material used in all the three places are similar and corresponding to each other and cumulative of material used for preparation of IED Ammonium Nitrate with emulsifier definitely comes under the Explosive
Substance Act. There is force in the submission of the learned Public Prosecutor.
As per the opinions of the Experts, the bomb was an IED (time bomb). Hence, I 125 SC 1/2011 (Dilsukhnagar) find that the bomb used at Dilsukhnagar is an IED (time bomb) and it is an high explosive.
239.PW.44 is the Inspector of Police, Bomb Disposal Squad, and he deposed that as per the orders of Hon'ble I ACMM, Hyderabad dated 9.3.2009 (Ex.P66), the police have handed over sealed box containing seized property from the accused and he along with PW.88 shifted the seized material to Premavathi firing range and after taking all precautionary measures, opened the box and found flour electrical detonators, and they were defused and destroyed. He collected the remnants of the said items and handed over to PW.46
240.PW.25 Head Constable, Bomb Detection Technician in City Security
Wing deposed that on 25.8.2007 he received call from head quarters CCS and directed him to attend at Dilsukhnagar and there was a suspecting bag found at
Dilshuknagar foot over bridge. The local police already shifted the said bag to an isolated area near the place ie, road running Dilsukhnagar to Moosrambagh. By the time he reached there, police took precautions to public. He opened the said bag and it was black colour pack and found a gift pack with gold colour tin foil claim over mine it is called as IED (Improved Explosive Device). First he cut the power sources thereafter, second precaution he cut detonator wires and separated the detonators from the explosives. He identified Mos. 1 to 11. He gave Ex.P46 certificate.
241.PW.45 on 12.09.2007 their office received a sealed parcel in Crime
No.255/2007 of PS Malakpet with forwarding letter No. 1259/OW/MKP
DIVN/2007, dt.26.08.2007. Wherein 13 items of defused bomb were received which are marked as MO.s 1 to 11. In the item No.3 and 3(A) of his opinion is destroyed by him in the interest of public safety. Ex.P48 is the report and opinion given by PW.27. Based on Ex.P48, he offered his opinion that the items coupled 126 SC 1/2011 (Dilsukhnagar) with chemical analysis report, item No.3 is Ammonium Nitrate emulsion explosive of ClassII, connected to ClassVI division – 3 electric detonators, items No. 5, 6 and 9 are related to clock mechanism with two wires connected to alarm buzzer, item No.s 7 and 8 are 9V flat batteries, item 4 metal balls, item No.2 a wooden box and item No.1 is a carry bag. The above items forms an Improvised Explosive
Device known as Time bomb in which chain of detonation includes, 1) Explosive
Charge (item No.3), 2) Detonators, electrical (Item No.3(A)), 3) power source (Item No.7 and 8), 4) Clock Mechanism (Item No.5, 6 and 9), 5) Container (Item
No.2), 6) Metal Balls (Item No.4), 7) bomb carrier (Item No.1), 8) bomb consealers (Item No.s 10, 11 and 13), 9) Explosive Wraper (Item No.12) (Items
No.1 to 13 referred herein correspond to MO.s 1 to 11). the above type of IED can endanger human life on explosion. The items are found to be similar mentioned in Ex.P48. After he formed his opinion the same was approved and forwarded by Joint Director, APFSL. His opinion forms part of Ex.P48which is marked as Ex.P48A. Ex.s P1 to P15 original photos are the photographs of items received under items No.1 to 13 as mentioned in Ex.P48. A sealed cardboard box on 11.09.2007 by their office in Crime No.97/2007, CCS, DD, Hyderabad with letter No. 97/CR/CCS, DD/2007 dt.11.09.2007. MO.s 21 to 26 (marked in
SC No.3/2011) were examined by chemical analysis department and forwarded
the report to him for offering my opinion. He examined the items at crime scene in Lumbini Park on 25.08.2007, on the basis of material received in the office he offered his opinion in Ex.P91 (marked in SC 3/2011). Opinion is Item No.s 1 to 5, 7 to 14 are affected by the explosion of Improvised Explosive Devise (Time bomb) in which chain of detonation includes Ammonium Nitrate Emulsion as explosive charge, electric detonator as initiator, metallic balls as splinters (Item
No.2, 7a to 7f), container pieces (item No.7g, 5), clock mechanism (Item No.5), 127 SC 1/2011 (Dilsukhnagar) concealer (Item No.5), IED carrier, black colour bag pieces (item No.4), power source (Item No.3). The above items are similar to the materials in our report
CHE/378/2007 and CHE/386/2007 (Items No.1 to 14 referred herein are corresponding to MO.s 21 to 26 marked in SC.No.3/2011).
242.Thus it is clear that an IED explosion is used in the commission of blasting at Dilsukhnagar . The accused No.1 unlawfully attempted to explode in furtherance of common intention of A2 and other absconding accused No.3, a bomb Dilsukhnagar punishable under Section 4 of the Explosive Substances Act, 1908. Thus A1 is found guilty for the offence under Section 4 of the Explosive
Substance Act. A2 is found guilty for the offence under Section 4 of the Explosive
Substance Act r/w 34 r/w 120B IPC. Point (V) is answered affirmatively in favour of prosecution and against A1 & A2. In so far as A5 & A6 are concerned, the point is answered negatively.
243.VI) Does the prosecution prove that accused No.1
(Akber) with the common intention and conspiracy of A2, abetment and
conspiracy of A5 and A6 and other absconding accused were in unlawful
possession of explosives under suspicious circumstances, punishable under
Section 5 of the Explosive Substances Act, 1908?
244.From the seizure of material objects viz., mentioned in
Table ,at instance of the accused No.1 & 2, and possession of IED bomb prior to attempt to explode IED bomb at Dilsukhnagar by A1, as seen by eye witnesses
Pws.3 to 5, and the circumstances narrated in the penultimate paras and discussion made on the aspect whether it was a low explosive or high explosive, would show that the accused No.1 was in possession of high explosive. Since it is a possession, it is not applicable to accused No.2.
245.The learned counsel for the accused raised contention that 128 SC 1/2011 (Dilsukhnagar) the charge under Explosive Substance Act is not maintainable because the detonators come within the definition of Explosive Act. Per contra, the learned
Special PP submitted that though the detonators come within the definition of
Explosive Act, but the cumulative of material used for preparation of IED definitely comes under the Explosive Substance Act. There is force in the submission of the learned Public Prosecutor. As per the opinions of the Experts, the bomb was an IED. Hence, the accused No.1 is liable for the possession of
Explosive Substance. In so far as A2 is concerned, the “possession” used in the section is not confined only to actual physical possession but also includes constructive possession. The Hon'ble Supreme Court while explaining the term “possession” with the aid of illustration in the case of Gunawant Lal Vs. State of
M.P. observed as under:
“the possession of a firearm under the Arms Act in our view must have firstly the element of consciousness or knowledge of that possession in the person charged with such offence and secondly where he has not the actual physical possession, he has nonetheless a power or control over that weapon, so that his possession thereon continues despite physical possession being in someone else. If this were not so, then an owner of a house who leaves an unlicensed gun in that house but he is not present when it was recovered by the police can plead that he was not in position of it even though he had himself possession of it consciously kept it there when he went out.”
From the above, it is clear that in furtherance of their common intention and conspiracy, the accused No.1 was in possession of IED Bomb at Dilsukhnagar near Foot over bridge and that such possession was in conscious possession of
Accused No.2 also because parts of the IED were purchased jointly, and therefore the accused No.2 is also liable for constructive possession of IED (unexploded) 129 SC 1/2011 (Dilsukhnagar) and therefore, he is liable for the offence under Section 5 r/w 34 r/w 120B IPC of the Explosive Act. In so far as A5 and A6, the evidence is not sufficient. The
Point No.VI is answered affirmatively in favour of prosecution and against A1 &2.
In so far as A5 & A6 are concerned, it is answered negatively.
246.VII) Does the prosecution prove that accused No.1 (Akber) with the
common intention and conspiracy of A2, abetment and conspiracy of A5
and A6 and other absconding accused, advocated or incited the commission
of unlawful activity by exploding a bomb inside the Lazerium, Lumbini Park,
Hyderabad, punishable under Section 13(1)(a) and (b) of the Unlawful
Activities (Prevention) Act, 1967?
247. VIII) Does the prosecution prove that accused No.1 (Akber) with the
common intention and conspiracy of A2, abetment and conspiracy of A5
and A6 and other absconding accused, committed terrorist act by
attempting to explode by hanging a bomb to a motor cycle which was
parked in front of J.C. brothers shopping mall, located near Foot Over
bridge, Diluskhnagar, Hyderabad, to threaten the unity, integrity, security or
sovereignty of India or with intent to strike terror or likely to strike in the
people of any section of the people in India or in any foreign country ,
punishable under Section 16(a) and (b) of the Unlawful Activities
(Prevention) Act, 1967?
248. IX) Does the prosecution prove that accused No.1 (Akber) with the
common intention and conspiracy of A2, abetment and conspiracy of A5
and A6 and other absconding accused, conspired and attempted to commit
commission of terrorist act viz., by hanging a bomb to a motor cycle which
130 SC 1/2011 (Dilsukhnagar)
was parked in front of J.C. brothers shopping mall, located near Foot Over
bridge, Diluskhnagar, Hyderabad, to threaten the unity, integrity, security or
sovereignty of India or with intent to strike terror or likely to strike in the
people of any section of the people in India or in any foreign country ,
punishable under Section 18 of the Unlawful Activities (Prevention) Act,
1967?
249. X) Does the prosecution prove that the accused No.1,2, A5 & A6
were members of terrorists gang, viz., Indian Mujahidden to commit terrorist
act by hanging a bomb to a motor cycle which was parked in front of J.C.
brothers shopping mall, located near Foot Over bridge, Diluskhnagar,
Hyderabad . Punishable under Section 20 of the Unlawful Activities
(Prevention) Act, 1967?
250.On these points, it is stated that the chain of circumstances narrated above and proved would clearly establish that the accused No.1 on 25.8.2007 at 7.30 p.m, attempted to explode IED (Time Bomb) near JC Brothers, Footover bridge, Dilsukhnagar, Hyderabad with the common intention and conspiracy of accused No.2 & absconding Accused No.3 (absconding) and the said act of the accused were to advocate or incite the commission of unlawful activity and with that intention murder innocent persons and the same was committed by them to threat the unity, integrity, security and soverignity of India and with that intent only strike terror , and attempted to commit terrorist act in other places, at
Dilsukhnagar and thus committed offences punishable Unlawful Activities (Prevention ) Act, 1967, but the prosecution failed to prove that the Indian
Mujahidden is a banned organization as on the date of commission of offence.
Hence, they cannot be treated as members of banned organization on the date of 131 SC 1/2011 (Dilsukhnagar) offence. Thus, A1 committed the offence Sections 13(1)(a) and (b), 16(a) and
(b) and 18 of the Unlawful Activities (Prevention) Act, 1967. A2 committed offence Sections 13(1)(a) and (b) r/w 34 r/w 120B IPC, 16(a) and (b) r/w 34 r/w 120B IPC and 18 of the Unlawful Activities (Prevention) Act, 1967 r/w 34 r/w 120B IPC. The points VII, VIII, IX and X are answered affirmatively in favour of prosecution and against A1 & A2. In so far as A5 & A6 are concerned, these points viz., VII, VIII, IX and X are answered negatively and against the prosecution. In so far as Point No.IV is concerned, it is answered negatively against A1, A2, A5 & A6 negatively.
251. As far as the involvement of absconding accused No.3 whose name has been figured in the extra judicial confessional statements of accused No.1 & A2 is concerned, this Court has only considered his involvement in the conspiracy. This
Court cannot give any verdict against the absconding accused No.3 because he is not tried so far. Therefore the involvement of the absconding accused No.3 to the extent of offence U/Sec.120B, 121A, of IPC is proved.
252.The prosecution failed to prove role of A5 in carrying out the bomb blast in this case. However, it established only once circumstance against him, i.e,
A.5 asked PW.30 to take care of A1 in Hyderabad, as A1 was coming from Pune to Hyderabad. There are several missing links in this case so far A5 is concerned and the chain of circumstance is not complete and it further failed to establish the prior meeting of minds or conspiracy of A5 with other accused. Though the presence of A5 stated by PW.30 when A1 and A2 gave extra judicial confession but they did not refer his name as one of the conspirator. Though PW.30 stated in his chief examination about the role of A5 also, but during course of cross examination he admitted that he did not state in any of his statements about 132 SC 1/2011 (Dilsukhnagar) involvement of A5. Of course PW.30 denied suggestion by the learned counsel for the accused that A5 has no nexus with other accused, but the same by itself cannot be taken into consideration without independent corroboration by the other witnesses. The Court also cannot ignore that in case the accused No.5 is convicted of the offence of conspiracy, He will be visited with serious consequences in the nature of severe punishment. I do not think such fragile piece of evidence is sufficient to prove the charges against A5.
In so far as A6 is concerned, there is no whisper with regard to role of A 6 and the prosecution failed to establish that he has any criminal conspiracy or common intention with that of A1, A2 & A3 in carrying out the blasts.
254Summary:In this case the prosecution established that there is common intention and conspiracy between A1 and A2 and absconding accused No.3 to take revenge against the blasts of Mecca Masjid and in pursuance of the same, they decided to threaten the unity, integrity, security or sovereignty of India and wage war against the Government of India by carrying out series of blasts, and in consequence of the same, A1 planted IED (time bomb) at near Foot Over Bridge,
JC Brothers, Dilsukhnagar, with the common intention and conspiracy of A2 and absconding accused No.3, and caused death of innocent persons, with intent that the same would create disharmony among the groups of religions against each other, and thereby they committed the above said offences. The prosecution established the charges against A1 & A2 with which they are charged except for the charge under Section 20 of Unlawful Activities (Prevention) Act. The accused
No.5 & A6 are found not guilty for the charges framed against them.
Miscellaneous applications, if any, pending in this case, shall stand closed.
255.In the result, the Accused No.1 is found guilty for the offences 133 SC 1/2011 (Dilsukhnagar) punishable under Sections 120(B), 307, 121A and 153A of IPC, Sections 4 & 5 of Explosive Substances Act, 1908 and Sections 13(1)(a)(b), 16(1)(a)(b), and 18 of the Unlawful Activities (Prevention) Act, 1967, and accordingly he is convicted for the said offences under Section 235(2) Cr.P.C.
A2 is found guilty for the offences punishable under Sections 120(B), 307 r/w 34, r/w 120B IPC, 121A r/w 34, r/w 120B IPC and 153A r/w 34, r/w 120
B IPC of IPC, Sections 4 & 5 of Explosive Substances Act, 1908 r/w 34, r/w 120B
IPC, and Sections 13(1)(a)(b) r/w 34, r/w 120B IPC, 16(1)(a) & (b) r/w 34, r/w 120B IPC, and 18 of the Unlawful Activities (Prevention) Act, 1967 r/w 34, r/w 120B IPC and accordingly he is convicted for the said offences under Section 235(2) Cr.P.C.
However, A1 & A2 are found not guilty for the offence under Section 20 of the Unlawful Activities (Prevention) Act and they are acquitted under Section 235(1) CrP.C for the said offence.
The accused No.5 & A6 are found not guilty for the offences punishable under Sections 120(B), 307, 121A and 153A of IPC, Sections 4 & 5 of Explosive
Substances Act, 1908 and Sections 13(1)(a)(b), 16, 18 and 20 of the Unlawful
Activities (Prevention) Act, 1967 and accordingly A5 & A6 are acquitted for the said offences under Section 235(1) Cr.P.C. A5 & A6 shall be set at liberty if they are not required in any other case or cases.
Directly typed to my dictation by Stenographer – Gr.1, corrected and
pronounced by me in the open court on this the 4th day of September, 2018.
FAC. II Addl Metropolitan Sessions Judge at Hyderabad for trial of Cases filed Counter Terrorist Operations (OCTOPUS P.S.)
COURT RESUMED ON 10TH DAY OF SEPTEMBER, 2018 (SC 1/2011)
134 SC 1/2011 (Dilsukhnagar)
307.SENTENCE ORDER:
01.Learned Special Public Prosecutor and the denfence counsel are heard on the point of sentence. This Court heard the accused individually on the point of sentence.
02.In this case there are offences which the accused may be visited with life imprisonment with fine.
03.The accused are examined on quantum of sentence and they submitted as follows:
Accused Anik Shafique Sayeed @ Anique @ Khaled stated that I have
already completed 10 years in the jail. Basing on fabricated documents I
have been prosecuted. During the 10 years period of my remand, I have
behaved properly in the jail. Apart from that as I mentioned in my S.313
Cr.P.C. examination by my written statement, I have been falsely implicated
in the case. The real persons who perpetrated the offence have to be
brought to the justice. I am also victim along with 43 persons who have
died. We need to go into the root cause.
Accused Mohd. Akabar Ismail Chowdhari @ Sayeed @ Yakub@
Vinod Patil, stated that I have already completed 10 years in the jail. I have
old aged parents. My parents are suffering from cancer. I am also victim in
this case. I may be awarded lesser punishment.
A2:
04.The learned Special Public Prosecutor submitted common arguments in all the three cases contending that these case come under the category of "rarest of rare cases". 44 persons have died. Several injuries persons are stilling suffering with amputations and some are bedridden and depending upon the mercy of their parents and other family members for attending even for 135 SC 1/2011 (Dilsukhnagar) their nature calls. The accused are responsible for planning and carrying out several bomb blasts throughout India over the years resulting in several hundred deaths of innocent Indians, women children and men leaving apart several others injured. Absolutely they do not deserve any leniency. They acted like killing machines on innocent people. There are aggravating circumstances. There are no mitigating circumstances except age of the accused which cannot be considered in view of the decision of the case of Mukesh and another vs State of
NCT, Delhi and others reported in (2017) 6 Supreme Court Cases. Even if there are any mitigating circumstances that like young age of victims, dependents and ailing parents, post crime remorse and good behaviour in jail and absence of criminal antecedents, aggravating circumstances outweighed them and warranting death sentence.
05.The learned Special Public Prosecutor relied upon a decision reported in 2012 (3) SCC (Cri) 481 Mohammed Ajmal Mohammed Amir Kasab @
Abu Mujahid Vs. State of Maharashtra wherein it was held that "the preparation and training for the execution was as thorough as the execution was ruthless. In terms of loss of life and property, and more importantly in its traumatizing effect, this case stands alone, or it is at least the very rarest of rare before this Court since the birth of the Republic. Therefore, it should also attract the rarest of rare punishment." and prayed for capital punishment.
06.He relied upon another decision reported in 2011 (2) SCC (Cri) 626
Md.Mannan @ Abdul Mannan Vs. State of Bihar wherein it was held that "When the crime is committed in an extremely brutal, grotesque, diabolical, revolting or dastardly manner so as to arouse intense and extreme indignation of the 136 SC 1/2011 (Dilsukhnagar) community and when collective conscience of the community is petrified, one has to lean towards the death sentence." In the present case on hand also certainly the crime is committed in an extremely brutal, grotesque, diabolical, revolting or dastardly manner, hence this decision is applicable to the present case on hand.
07.He also relied upon another decision reported in 1994 SCC (Cri) 555,
Bheru Kalyan wherein it was observed that in Dhananjoy Chatterjee Vs. West
Bengal State the Hon'ble Supreme Court observed that "Justice demands that courts should impose punishment befitting the crime so that the Courts reflect public abhorrence of the crime. The courts must not only keep in view the rights of the criminal but also the rights of the victims of crime and the society at large while considering imposition of appropriate punishment." There is no dispute with regard to the ratio laid down in this decision.
08.He also relied upon another decision reported in 2012 (2) SCC (Cri) 766,
Mohd Arif @ Ashfaq Vs. State of NCT of Delhi wherein it was held that "It was a thought out insult offered to question the sovereignty of this great nation by foreign nationals. Therefore, this case becomes a rarest of rare case. This was nothing but an undeclared war by some foreign mercenaries like the present appellant and his other partner in conspiracy Abu Shamal and some others who either got killed or escaped. In conspiring to bring about such kind of attack and then carrying out their nefarious activities in systematic manner to make an attack possible was nothing but an attempt to question the sovereignty of India.
Therefore, even without any reference to any other case law, we held this case to be the rarest of rare case." In the present case on hand also the accused developed the mindset of foreign terrorists who became enemies to the society.
137 SC 1/2011 (Dilsukhnagar)
09.He also relied upon a decision reported in 2009 (1) SCC (Cri) 353 Bantu
Vs. State of Uttar Pradesh wherein it was held that "What is culled out from the decisions noted above is that while deciding the question as to whether the extreme penalty of death sentence is to be awarded, a balance sheet of aggravating and mitigating circumstances has to be drawn up." There is no dispute with regard to the ratio laid down in this decision.
10.At this stage it is settled law to decide whether to impose the extreme penalty of death sentence or to give alternative punishment of life imprisonment, one has to consider both mitigating and aggravating circumstances:
11.On this aspect, the Hon'ble Supreme Court in Bachan Singh Vs. State of Punjab reported at AIR 1980 S.C. 898 held that “204. Dr.Chitaley has suggested these mitigating factors : “Mitigating circumstances: In the exercise of its discretion in the above cases, the Court shall take into account the following circumstances: (1) That the offence was committed under the influence of extreme mental or emotional disturbance.
(2)The age of the accused. If the accused is young or old, he shall not be sentenced to death.
(3) The probability that the accused would not commit criminal acts of violence as would constitute a continuing threat to society.
(4) The probability that the accused can be reformed and rehabilitated. The State shall by evidence prove that the accused does not satisfy the conditions 3 and 4 138 SC 1/2011 (Dilsukhnagar) above.
(5) That in the facts and circumstances of the case the accused believed that he was morally justified in committing the offence.
(6) That the accused acted under the duress or domination of another person.
(7) That the condition of the accused showed that he was mentally defective and that the said defect impaired his capacity to appreciate the criminality of his conduct.”
12.Per contra, the learned counsel for the accused Sri Gurumurthy submitted common arguments in all the three cases, that when the accused are acquitted under Section 20 of the Unlawful Activities (Prevention) Act, the accused are not terrorists and therefore the accused cannot be meted out with death penalty, and that they had no intention to commit the offence and keeping in view the age of the accused, there are mitigating circumstances to award lesser punishment and it is not a rarest of rare cases, and in fact the accused are also victims and the prosecution produced weak piece of evidence on which death penalty cannot be awarded. The father of accused worked in Postal Department and there was no previous or subsequent misconduct of the accused even prior to 2009 or after 2009 to till their arrest no material against the accused is shown.
He relied upon the following citations.
1) Mulla and another reported in (2010) 2 Supreme Court Cases (Cri) 1150, wherein it was held that “It is settled legal position that the punishment must fit the crime. It is the duty of the court to impose proper punishment depending upon the degree of criminality and desirability to impose such punishment” and in the above citation, Bacchan Singh and Macchi Singh cases are referred.
2) 1972 Crl.L.J. 291 Balwant Singh Vs. State of Punjab, that 139 SC 1/2011 (Dilsukhnagar) “On the facts of this case, it is true that the appellant had a motive to commit the murder and his intention to kill the deceased . His conviction under
Section 302 IPC was justified but the facts found were not such as to enable the
Court to say that there were special reasons for passing the sentence of death in this case.”
But in the present case on hand, there is motive on the part of the accused to take revenge for the blasts of Mecca Masjid.
3)1979 Crl.L.J 8141, Bishnu Deo Shaw Vs. State, “We have examined the facts of the case. We find some vague evidence to the effect that the appellant suspected that the deceased was not his own son and that he used to get angry with the deceased for not obeying him. There is also vague evidence that he had killed the mother of the deceased and had suffered sentence of imprisonment for that offence.
But in the present case in hand, the evidence is not vague. In all the three cases, the accused persons and the absconding accused Riyaz Bhatkal who planted the bag contained IED which is high explosive and comes under the special category, were identified by the witnesses and therefore the above decision is not applicable. All the circumstances established beyond all reasonable doubt about the guilt of the accused.
At this stage, the learned counsel for accused Anif vehemently contended that if the absconding accused Riyaz Bhatkal arrested and admits guilty that he alone committed the offence, then what would be the fate of these two accused persons Anik and Akber.
But in the present case on hand, eye witnesses have categorically identified the accused who planted the IED high explosive bombs,i.e, Riyaz Bhatka at Gokul 140 SC 1/2011 (Dilsukhnagar)
Chat on icre cream making machine, Anik in the Lumbini Park and Akber near
Foot over Bridge, Dilsukhnagar. In view of the above, the said argument of the counsel for the accused has no legs to stand.
4)AIR 1976 CRI.L.J 1716, Ambaram Vs. The state, wherein it was held tha “Life imprisonment is a a rule and the death sentence is an exception.
There is no dispute with regard to the above citation, but this case comes under an exception but these two cases are rarest of rare cases.
5)Ramnaresh Vs. State of Chattisgarh, 2012 Law Suits (SC 143) wherein, it relied upon Macchi Singh case.
12.In the present case on hand, this offence was not committed under the influence of extreme mental or emotional disturbance but it was committed with perplanning by choosing the places where more number of people are gathered so that the damage to the lives and property more and more, and that too after making Recce.
13.In so far as the age of the accused is concerned, even though they are young but this circumstance alone could not come to their rescue after balancing aggravating circumstances because their ideology of taking revenge on the innocent persons of a particular community is very dangerous to the society.
14.In so far as the conduct of the accused is concerned, they are involved in several crimes of similar nature, therefore there is probability that the accused could commit the similar crime, if they are given a chance of life imprisonment.
15.In so far as the reformation and rehabilitation of the accused is concerned, the defence counsel Sri Raji Reddy submitted that the accused had no 141 SC 1/2011 (Dilsukhnagar) intention to commit the offences but they acted like robos and they were directed by the external influence.
16.In so far as fifth point is concerned, there is no material to show that the accused are justified in killing 44 persons and causing simple and grievous injuries to several persons and there is no material to show that the accused acted under duress or domination of another person and their mentality is to kill the innocent persons under the guise of taking revenge for the Mecca Masjid blasts.
17.Hon'ble Supreme Court of India in Machhisingh Vs. State of Punajb reported at AIR 1983 S.C. 957 held that that a balancesheet of aggravating and mitigating circumstances shall be drawn before taking any decision on the point of sentence. However, in the present case there are no mitigating except the age, circumstances which may call for preparing a balance sheet of aggravating and mitigating circumstances. The observations made by the Hon'ble Supreme Court in that case at para32 are also worth noting which reads as under : “32. The reasons why the community as a whole does not endorse the humanistic approach reflected in "death sentence in no case" doctrine are not far to seek. . In the first place, The very humanistic edifice is constructed on the foundation of "reverence for life" principle. When a member of the community violates this very principle by killing another member, the society may not feel itself bound by the shackles of this doctrine. Secondly, it has to be realised that every member of the community is able to live with safety without his or her own life being endangered because of the protective arm of the community and on account of the rule of law enforced by it. The very existence of the rule of law and the fear of being brought to book operates as a deterrent to those who have no scruples in killing others if it suits 142 SC 1/2011 (Dilsukhnagar) their ends. Every member of the community owes a debt to the community for this protection. When ingratitude is shown instead of gratitude by 'killing' a member of the community which protects the murderer himself from being killed, or when the community feels that for the sake of self preservation the killer has to be killed, the community may well withdraw the protection by sanctioning the death penalty. But the community will not do so in every case. It may do so (in rarest of rare cases) when its collective conscience is so shocked that it will expect the holders of the judicial power centre to inflict death penalty irrespective of their personal opinion as regards desirability or otherwise of retaining death penalty. The community may entertain such a sentiment when the crime is viewed from the platform of the motive for, or the manner of commission of the crime, or the antisocial or abhorrent nature of the crime, such as for instance:
I. Manner of Commission of Murder, When the murder is committed in an
extremely brutal, grotesque, diabolical, revolting, or dastardly manner so as
to arouse intense and extreme indignation of the community. For instance.(i)
When the house of the victim is set aflame with the end in view to roast him alive in the house,
(ii) When the victim is subjected to inhuman acts of torture or cruelty in order to bring about his or her death.
(iii) When the body of the victim is cut into pieces or his body is dismembered in a fiendish manner.
II. Motive for commission of murder: When the murder is committed for a motive which evinces total depravity and meanness. for instance when (a) a hired assassin commits murder for the sake of money or reward; (b) a coldblooded murder is committed with a deliberate design in order to inherit property or to gain control over property of a ward or a person under the control of the 143 SC 1/2011 (Dilsukhnagar) murderer or visavis whom the murderer is in a dominating position or in a position of trust; (c) a murder is committed in the course for betrayal of the motherland.
III. Antisocial or socially abhorrent nature of the crime. (a) When murder of a member of a Scheduled Caste or minority community etc., is committed not for personal reasons but in circumstances which arouse social wrath. For instance when such a crime is committed in order to terrorize such persons and frighten them into fleeing from a place or in order to deprive them of, or make them surrender, lands or benefits conferred on them with a view to reverse past injustices and in order to restore the social balance.
(b) In cases of 'bride burning' and what are known as 'dowrydeaths' or when murder is committed in order to remarry for the sake of extracting dowry once again or to marry another woman on account of infatuation.
IV.Magnitude of crime: When the crime is enormous in proportion. For instance when multiple murders say of all or almost all the members of a family or a large number of persons of a particular caste, community, or locality, are committed.
V.Personality of victim of murder: When the victim of murder is (a) an innocent child who could not have or has not provided even an excuse, much less a provocation, for murder. (b) a helpless woman or a person rendered helpless by old age or infirmity. (c) when the victim is a person visavis whom the murderer is in a position of domination or trust, (d) when the victim is a public figure generally loved and respected by the community for the services rendered by him and the murder is committed for political or similar reasons other than personal reasons.
18.In the present case on hand also the crime is committed in an extremely 144 SC 1/2011 (Dilsukhnagar) brutal, grotesque, diabolical, revolting, or dastardly manner so as to arouse intense and extreme indignation of the community. There is motive to the accused persons to commit this crime under the guise of taking revenge for the
Mecca Masjid blasts and the said crime is antisocially abhorrent nature and the crime is enormous in proportion causing multiple murders of 43 persons and and injures to several persons and all the victims are innocent they have never might have seen these accused persons and there was no provocation for commission of this crime. Therefore the above decision is applicable to this case.
19.Hon'ble Supreme Court in Ankush Maruti Shinde Vs. State of Maharashtra reported at AIR 2009 2609, para14observed that "The law regulates a social interests, arbitrates conflicting claims and demands. Security of persons and property of the people is an essential function of the State. It could be achieved through instrumentality of criminal law. Undoubtedly, there is a crosscultural conflict where living law must find answer to the new challenges and the courts are required to mould the sentencing system to meet the challenges. The contagion of lawlessness would undermine social order and lay it in ruins.
Protection of society and stamping out criminal proclivity must be the object of law which must be achieved by imposing appropriate sentence. Therefore, law as a cornerstone of the edifice of "order" should meet the challenges confronting the society. Friedman in his "Law in Changing Society" stated that, "State of criminal law continues to be as it should be a decisive reflection of social consciousness of society". Therefore, in operating the sentencing system, law should adopt the corrective machinery or the deterrence based on factual matrix. By deft modulation sentencing process be stern where it should be, and tempered with mercy where it warrants to be. The facts and given circumstances in each case, 145 SC 1/2011 (Dilsukhnagar)
the nature of the crime, the manner in which it was planned and committed,
the motive for commission of the crime, the conduct of the accused, the
nature of weapons used and all other attending circumstances are relevant
facts which would enter into the area of consideration. For instance a murder
committed due to deepseated mutual and personal rivalry may not call for
penalty of death. But an organised crime or mass murders of innocent people
would call for imposition of death sentence as deterrence. In the present case on hand also the crime is a preplanned with motive and in so far as conduct of the accused is concerned, and the place of offence where they chose is a densely populated place attracting attention of the people countrywide. The accused used metallic balls in the IED (time bomb) preparation and choosing of the said mettalic balls was that the each metallic ball would splinter like bullets from machine gun and those balls went into the bodies of innocent persons at different parts of their bodies, aggravating the damage to body. The selection of metallic balls by the accused while exploding explosive would go to show that they had evil intention of kill innocent persons without their sin and the ultimately their aim was to murder more number of innocent persons and cause huge loss to the property and persons. Therefore, sentence of extreme penalty of death is warranted.
20.In Mahesh v. State of M.P. (1987) 2 SCR 710, this Court while refusing to reduce the death sentence observed thus :AIR 1987 SC 1346, Para 6 "It will be a mockery of justice to permit the accused to escape the extreme penalty of law when faced with such evidence and such cruel acts. To give the lesser
punishment for the accused would be to render the justicing system of the
country suspect. The common man will lose faith in courts. In such cases, he
146 SC 1/2011 (Dilsukhnagar)
understands and appreciates the language of deterrence more than the
reformative jargon." In addition to this, one may also take note of observations of Apex Court in the matter of Dhananjay Chatterjee @ Dhana Vs. State of W.B.
reported at 1994 (2) S.C.Cases 626, para15: “15. In our opinion, the measure of punishment in a given case must depend upon the atrocity of the crime; the conduct of the criminal and the defenceless and unprotected state of the victim.
Imposition of appropriate punishment is the manner in which the courts respond to the society's cry for justice against the criminals. Justice demands that courts should impose punishment fitting to the crime so that the courts reflect public abhorrence of the crime. The courts must not only keep in view the rights of the criminal but also the rights of the victim of crime and the society at large while considering imposition of appropriate punishment.” (Emphasis supplied). In the present case on hand also in the interest of justice from the angle of the society death punishment is inevitable.
21.It was held by Hon'ble Supreme Court of India in Gurvail Singh @
Gala And Anr vs State Of Punjab on 7 February, 2013 that “To award death
sentence, the aggravating circumstances (crime test) have to be fully
satisfied and there should be no mitigating circumstance (criminal test)
favouring the accused. Even if both the tests are satisfied as against the
accused, even then the Court has to finally apply the Rarest of Rare Cases
test (RR Test), which depends on the perception of the society and not
judgecentric, that is whether the society will approve the awarding of death
sentence to certain types of crime or not. While applying this test, the Court
has to look into variety of factors like society's abhorrence, extreme
indignation and antipathy to certain types of crimes like rape and murder of 147 SC 1/2011 (Dilsukhnagar) minor girls, especially intellectually challenged minor girls, minor girls with physical disability, old and infirm women with those disabilities etc. examples are only illustrative and not exhaustive. Courts award death sentence, because situation demands, due to constitutional compulsion, reflected by the will of the people, and not Judge centric. ” In the present case on hand also there are several aggravating circumstances to cause death penality and the mitigating circumstance is the age of the accused which does not overcome the aggravating circumstances.
22.Hon'ble Supreme Court of India held in Sangeet & Anr vs State Of Haryana on 20 November, 2012 that 22. The Constitution Bench observed that under the old Code, both the sentence of death and the sentence of imprisonment for life provided under Section 302 of the IPC could be imposed after weighing the aggravating and mitigating circumstances of the particular case. However, in view of Section 354(3) of the Cr.P.C. a punishment of imprisonment for life should normally be imposed under Section 302 of the IPC but a sentence of death could be imposed as an exception. Additionally, as per the legislative requirement if a sentence of death is to be awarded, special reasons need to be recorded. In a sense, the legislative policy now virtually obviated the necessity of balancing the aggravating and mitigating circumstances of the crime for the award of punishment in respect of an offence of murder (although aggravating and mitigating circumstances are repeatedly referred to in the judgment, including as relevant circumstances that must be given great weight). Therefore, the
Constitution Bench (after a discussion in paragraphs 161 and 162 of the Report) adjusted and attuned proposition (iv)(a) by deleting the reference to balancing all the aggravating and mitigating circumstances of the crime to read as follows: (a) 148 SC 1/2011 (Dilsukhnagar)
The normal rule is that the offence of murder shall be punished with the
sentence of life imprisonment. The court can depart from that rule and
impose the sentence of death only if there are special reasons for doing so.
Such reasons must be recorded in writing before imposing the death
sentence. In the present case on hand also after balancing the aggravating and mitigating circumstances no prudent person will impose a lesser punishment of life imprisonment because of life imprisonment is foreclosed.
23.Hon'ble Supreme Court of India in Om Prakash vs State Of Haryana on 22 February, 1999 held that “Hence it is settled law that sentence of death should be reserved for rarest of the rare cases where sentence of imprisonment of life would be inadequate. In each case for finding out whether it is rarest of the rare cases, the Court has to balance the aggravating and mitigating circumstances.
From the evidence on record, it is apparent that the accused had committed
gruesome murders of innocent persons. There is no doubt that it is pre
meditated and in a well thought out manner. In the present cases on hand also the twin blasts committed by the accused is a premeditated and well thought manner. If IED bomb placed at Dilsukhnagar was exploded, more number of deaths would have caused.
24.Hon'ble Supreme Court of India in Mohan & Ors vs State Of Tamil
Nadu on 12 May, 1998 held that “In Bachan Singh etc. etc. vs. State of Punjab etc.
etc. (1980) 2 SCC 684, the Constitution Bench while upholding the constitutional validity of imposition of death penalty for murder came to hold that it is not possible to lay down standards and norms for imposition of death penalty as the degree of culpability cannot be measured in each case; and secondly, criminal 149 SC 1/2011 (Dilsukhnagar) cases cannot be categorised, there being infinite unpredictable and unforeseeable variations, and thirdly, on such categorisation, the sentencing process will cease to be judicial; and fourthly, such standardisation or sentencing discretion is a policy matter belonging to the legislature beyond the court's function. Yet what could be reasonably culled out to be guidelines from the aforesaid decision:
(i) The extreme penalty of death need not be inflicted except in gravest cases of extreme culpability.
(ii) Before opting for the death penalty the circumstances of the `offender'
also require to be taken into consideration along with the circumstances of
the `crime'.
(iii) Life imprisonment is the rule and death sentence is an exception. Death sentence must be imposed only when life imprisonment appears to be an altogether inadequate punishment having regard to the relevant circumstances of the crime, and provided, and only provided, the option to impose sentence of imprisonment for life cannot be conscientiously exercised having regard to the nature and circumstances of the crime and all the relevant circumstances.
(iv) A balancesheet of aggravating and mitigating circumstances has to be drawn up and in doing so the mitigating circumstances have to be accorded full weightage and a just balance has to be struck between the aggravating and the mitigating circumstances before the option is exercised. In Machhi Singh and others vs. State of Punjab (1983) 3 Supreme Court Cases 470, three learned
judges of this Court came to hold that the observation of the Constitution Bench in
Bachan Singh's case (supra) that the death sentence should be given in rarest of rare cases has to be examined in the facts of the individual case in the context of relevant guidelines. Their Lordships indicated that when the murder is
committed in an extremely brutal, grotesque, diabolical, revolting, or
150 SC 1/2011 (Dilsukhnagar)
dastardly manner so as to arouse intense and extreme indignation of the
community it would be a rarest of rare cases. This case also comes under gravest cases of extreme culpability.
25.Nobody on this Earth is above the rule of Law and nobody has right to take away the life of another human being because he cannot create the same person as easily as destroyed. The principle of India is “live and let live” which is contrary to the principle of terrorism. Therefore such offences have to be punished with extreme penalty.
26.Most of the arguments are relating to SC 2/2011 and SC 2/2011. This case relates unexploded bomb, In the case only mitigating circumstance is age of the accused. But the only one mitigating circumstance cannot weigh against numerous aggravating circumstances. It hardly can tilt the balance in favour of the accused. The crimes committed by the accused are barbaric or inhuman, diabolic and in my view the accused have shown extreme depravity while committing the twin blasts. The court has already given a finding that the offences have been committed with common intention and conspiracy, that too after conducting recce. In so far as the argument of the defence counsel that the accused No.1, is concerned, when the accused are acquitted under Section 20 of the Unlawful Activites (prevention) Act, the accused can be taken lenient view because they are not terrorists nor belong to any terrorist outfit. It is true that the accused are acquitted under Section 20 of the unlawful Activities (Prevention)
Act, but it is not because they do not belong to any terrorist gang the offence on which date was committed, Indian Mujahidden was not declared as banned organised terrorist outfit. Even otherwise, the acts of the accused constitute 151 SC 1/2011 (Dilsukhnagar) terrorist act because it called several persons. Since in other two cases, the accused met with death penalty, hence no leniency can be taken in this case.
27.Moreover the accused have similar mindset with that of other absconding accused. The modus operandi of the accused would disclose that they were well trained for waging war against this Country. In this case the accused did not act on provocation and nor did they act in spur of the moment but meticulously executed a deliberately planned crimes in spite of understanding the probable consequence of their act, the death sentence shall be the most appropriate punishment. This Court also considered the preplanned and barbaric nature of the crime, the diabolical manner in which it was committed and the extreme brutality involved as aggravating circumstances against the accused. I am of the sincere opinion that only the maximum punishment will send the right message to society and also to likeminded persons. To show leniency or mercy in a case of such henious crime and upon the accused, who have shown no repentance or remorse after exhibiting extreme depraved mentality.
28.In so far as the disposal of the property under section 452 Cr.P.C is concerned, the case against the absconding accused is still pending, hence all the material objects shall be preserved.
29,.:: SENTENCE ORDER ::
The Accused No.1 Mohd. Akabar Ismail Chowdhari @ Sayeed @ Vinod
Patil, is sentenced to undergo Rigorous Imprisonment for 10 years and further sentenced to pay fine of Rs.10,000/ in default to suffer Simple Imprisonment for one month for the offence punishable U/Sec.120B Indian Penal Code.
152 SC 1/2011 (Dilsukhnagar)
He is further sentenced to undergo Rigorous Imprisonment for 10 years and further sentenced to pay fine of Rs.10,000/ in default to suffer Simple
Imprisonment for one month for the offence punishable U/Sec.307 Indian Penal
Code.
He is further sentenced to undergo Imprisonment for Life and further sentenced to pay fine of Rs.10,000/ in default to suffer SI for one month for the offence punishable U/Sec.121A of Indian Penal Code.
He is further sentenced to undergo Rigorous Imprisonment for three years and further sentenced to pay fine of Rs.10,000/ in default to suffer SI for one month for the offence punishable U/Sec.153A Indian Penal Code.
He is further sentenced to undergo life imprisonment and further sentenced to pay fine of Rs.10,000/ in default to suffer Simple Imprisonment for one month for the offence punishable U/Sec. 4 of Explosive Substances Act.
He is further sentenced to undergo Imprisonment for Life and further sentenced to pay fine of Rs.10,000/ in default to suffer SI for one month for the offence punishable U/Sec.5 of Explosive Substances Act.
He is further sentenced to undergo Rigorous Imprisonment for seven years and further sentenced to pay fine of Rs.10,000/ in default to suffer SI for one month for the offence punishable under Section 13 (1)(a)(b) of the Unlawful
Activities (Prevention) Act.
153 SC 1/2011 (Dilsukhnagar)
He is further sentenced to undergo imprisonment for life and further sentenced to pay fine of Rs.10,000/ I/d SI for one month for the offence punishable U/Sec.16 of Unlawful Activities (Prevention) Act, 1967.
He is further sentenced to undergo Imprisonment for life and further sentenced to pay fine of Rs.10,000/ I/d SI for one month for the offence punishable U/Sec.18 of Unlawful Activities (Prevention) Act, 1967.
30. A2 Anik Shafique Sayeed @ Anique @ Khaled @ Ashfaq is sentenced to undergo Rigorous Imprisonment for 10 years and further sentenced to pay fine of
Rs.10,000/ in default to suffer Simple Imprisonment for one month for the offence punishable U/Sec.120B Indian Penal Code.
He is further sentenced to undergo Rigorous Imprisonment for 10 years and further sentenced to pay fine of Rs.10,000/ in default to suffer Simple
Imprisonment for one month for the offence punishable U/Sec.307 r/w 34 and 120B Indian Penal Code.
He is further sentenced to undergo Imprisonment for Life and further sentenced to pay fine of Rs.10,000/ in default to suffer SI for one month for the offence punishable U/Sec.121A r/w 34 and 120B of Indian Penal Code.
He is further sentenced to undergo Rigorous Imprisonment for three years and further sentenced to pay fine of Rs.10,000/ in default to suffer SI for one month for the offence punishable U/Sec.153A r/w 34 and 120B Indian Penal
Code.
He is further sentenced to undergo life imprisonment and further sentenced to pay fine of Rs.10,000/ in default to suffer Simple Imprisonment for one month for the offence punishable U/Sec. 4 of Explosive Substances Act r/w 34 and 120B of IPC.
He is further sentenced to undergo Imprisonment for Life and further 154 SC 1/2011 (Dilsukhnagar) sentenced to pay fine of Rs.10,000/ in default to suffer SI for one month for the offence punishable U/Sec.5 of Explosive Substances Act r/w 34 and 120B of
IPC.
He is further sentenced to undergo Rigorous Imprisonment for seven years and further sentenced to pay fine of Rs.10,000/ in default to suffer SI for one month for the offence punishable under Section 13 (1)(a)(b) of the Unlawful
Activities (Prevention) Act r/w 34 and 120B of IPC.
He is further sentenced to undergo life imprisonment and further sentenced to pay fine of Rs.10,000/ I/d SI for one month for the offence punishable U/Sec.16 of Unlawful Activities (Prevention) Act, 1967 r/w 34 and 120B of IPC.
He is further sentenced to undergo Imprisonment for Life and further sentenced to pay fine of Rs.10,000/ I/d SI for one month for the offence punishable U/Sec.18 of Unlawful Activities (Prevention) Act, 1967 r/w 34 and 120B of IPC.
All the sentences in SC 1/2011, SC 2/2011 and SC 3/2011 shall run concurrently. Right to appeal is informed to accused for which they stated to have means to engage counsel to prefer appeal. Office is directed to issue free copy of judgment.
Directly typed to my dictation, corrected and pronounced by me on this the 10th day of September, 2018.
FAC. II Addl Metropolitan Sessions Judge at Hyderabad for trial of Cases filed Counter Terrorist Operations (OCTOPUS P.S.) 155 SC 1/2011 (Dilsukhnagar)
APPENDIX OF EVIDENCE:
WITNESSES EXAMINED FOR PROSECUTION:
PW.1
PW.2
PW.3
PW.4
PW.5
PW.6Matiki Madar Mohan Lal (LW.5), Circumstantial witness;
PW.7Korekka Srinivas (LW.6), circumstantial witness;
PW.8
PW.9
PW.10
PW.11
PW.12
PW.13
PW.14
PW.15
PW.16
PW.17
PW.18Reza Nebatian (LW.34), circumstantial witness;
PW.19Rajendra Kumar Sharma (LW.36), circumstantial witness;
PW.20
PW.21
PW.22T. Mohan Rao (LW.48), panch witness for confession & seizure panchanamas of A1 & A2;
PW.23Paladugu Yadagiri (LW.52), panch witness for recording 156 SC 1/2011 (Dilsukhnagar) confessional statements of A1 & A2;
PW.24Mudumba Sundhar (LW.54), panch witness to scene of offence and seizure panchanama;
PW.25Ch. Appa Rao (LW.56), H.C., defused the IED;
PW.26A. Bhasker (LW.55), photographed the components of IED;
PW.27Md. Moinuddin Hasan Khan (LW.58), Asst., Director, analyzed the components of IED;
PW.28G. Somelshwar Rao (LW.67), Inspector, verified the investigation of PW.32;
PW.29Veerappa (LW.68), Inspector, issued FIR in Cr. No. 98/07, PS CCS;
PW.30
PW.31
PW.32K. Ajith Simha Rao (LW.65), VII MM, Cyberabad, conducted TIP;
PW.33T. Suresh, Scientific Asst in FSL,;
PW.34P. Rajini (LW.61), Scientific Officer, FSL,;
PW.35Smt. B. Shivakanya,
PW.36V. Muralidhar (LW.62), Scientific Officer, FSL,
PW.37Shaik Bahadur (LW.69), ACP, SIT, IO in Cr. No. 98/07;
PW.38B. Wilson (LW.70), ACP, SIT, IO in Cr. No. 98/07;
PW.39Madhukar Swamy, Inspector of Police, SIT;
PW.40S. John Wesley, Inspector of Police, Octopus;
PW.41Navin Mittal, IAS;
PW.42K.P Laxmi Narasamamba, Section Officer, Secretariat;
PW.43M. Dayananda Reddy (LW.80), Investigating Officer;
PW.44A. Bhanu Murthy (LW.60), Inspector of Police,;
PW.45U. Ram Mohan (LW.59), Explosive Expert; 157 SC 1/2011 (Dilsukhnagar)
PW.46V.N.V Satyanarayana (LW.81), DSP, Octopus, IO & filed Charge Sheet.
WITNESSES EXAMINED FOR DEFENCE: Nil
EXHIBITS MARKED
FOR PROSECUTION:
Ex.s P1 to P.16 are the photographs
Ex.P1(A) Attested xerox copy of complaint
Ex.P17Scene of Offence Observation panchanama (venkatadri theatre)
Ex.P18Rough Sketch
Ex.P19Scene of Offence Observation panchanama (where the bomb was defused)
Ex.P20Rough Sketch
Ex.P21Signature of PW.4 on TI Parade Statement
Ex.P22Signature of PW.5 on TI Parade Statement
Ex.P23Identity card in the name of Vinod Patil
Ex.P24Copy of rental deed (Original marked in SC 3/2011)
Ex.P25Fee receipts of Dhoom Technologies in the name of Vinod Patil
Ex.P26Cable connection card
Ex.P27Note Book of Cable Connection Office, pg No.71, column No.12
Ex.P28Certified copy Seizure Panchanama at Venkateshwara Cable Connection Officers (original marked in SC 2/2011)
Ex.P29Certified Copy of Seizure Panchanama at Azizia Lodge (Original marked in SC No. 3/2011)
Ex.P30Copy of Register of Azizia Lodge (original not marked)
Ex.P31Enquiry Form Booklet
Ex.P31A Serial No.264 in Enquiry Form Booklet
Ex.P31B Serial No.265 in Enquiry Form Booklet
Ex.P32Fee Receipt Book of Dhoom Technologies 158 SC 1/2011 (Dilsukhnagar)
Ex.P32A Serial No.186 of Fee Receipt Book
Ex.P32B Serial No.187 of Fee Receipt Book
Ex.P33Original Receipt in the name of Satish Gaikwad
Ex.P34Identity Card in the name of Satish Gaikwad
Ex.P35Certified Copy of Seizure Panchanama at Dhoom Technologies (Original marked in SC No. 2/2011)
Ex.P36certified copy Seizure panchanama of Mo.s 12 to 22 and Ex.P23 (Original marked in SC 2/2011)
Ex.P37Certified copy of Seizure panchanama of rental deed (Original marked in SC 2/2011)
Ex.P38Certified copy of Seizure panchanama of MO.s 24 to 31
Ex.P39Signature of PW.17 on TI Parade Statement (certified copy) (Original in SC 3/2011)
Ex.P40xerox copy of agreement of leave and license (Original not seized)
Ex.P41Signature of PW.20 on the TI Parade statement (certified copy) (Original marked in SC 3/2011)
Ex.P42Xerox copy of Admissible portion of confession panchanama of A2 (Original marked in SC 2/2011)
Ex.P43Xerox copy of Admissible portion of confession panchanama of A1 (Original marked in SC 2/2011)
Ex.P44Xerox copy of Relevant portion of seizure panchanama of A2 (Original marked in SC 2/2011)
Ex.P45Relevant portion of confession panchanama of A1
Ex.P46Certificate
Ex.P47CD containing the photographs
Ex.P48FSL report contains 3 pages
Ex.P48A Opinion part of Ex.P48.
Ex.P49FIR in crime No.255/2007 of PS Malakpet
Ex.P50Letter addressed to Addl. Commissioner of Police, SIT & Crimes
Ex.P51FIR in Crime No.98/2007, PS CCS (Xerox copy) 159 SC 1/2011 (Dilsukhnagar)
Ex.P52Test Identification Parade Proceedings
Ex.P53List of Non suspects
Ex.P54Stamp Impression Sheet (S1)
Ex.P55Stamp Impression sheet (S2 & S3)
Ex.P56xerox copy of FSL report (Original marked in SC 3/2011)
Ex.P57Xerox copy of specimen writings and signatures (35 sheets) (Original marked in SC 3/2011)
Ex.P58Xerox copy of FSL report (Original marked in SC 3/2011)
Ex.P59Xerox copy of FSL report (Original marked in SC 3/2011)
Ex.P60Attested copy of letter addressed to CP, Hyderabad
Ex.P61Xerox copy of scene of offence observation cum seizure panchanama at Lumbini Park (Original marked in SC 3/2011)
Ex.P62Sanction Order
Ex.P63Sanction order
Ex.P64Orders from MCOCA Court
Ex.P65Photo copy of orders from MCOCA Court to arrest A5 and A6.
Ex.P66Orders from I ACMM Court, Hyderabad
Ex.P67Proceedings and opinion
Ex.P68Photocopy of report
Ex.P68A Opinion part of Ex.P68
Ex.P69Photocopy of report
Ex.P69A Opinion part of Ex.P69
Ex.P70Sanction order from Principal Secretary
FOR DEFENCE:
Ex.D1Relevant portion of 161 Cr.P.C statement of PW.1
Ex.D2Enquiry form of Dhoom Technologies (Sl.No.263)
Ex.D3Annapurna block a board is fixed by showing the shops 160 SC 1/2011 (Dilsukhnagar)
Ex.D4Owners name plate
MATERIALS OBJECTS
MO.1Wooden box
MO.2Time Piece
MO.3Detonator wires
MO.4Iron Balls
MO.59 volts battery
MO.6Eveready Battery
MO.7Detonator wires along with 9 volts battery
MO.8Circuit
MO.9Electrical Tape
MO.10Gold colour packing cover
MO.11Packing paper
MO.12Black colour polythene bag
MO.13Clock frame
MO.14Multi parts of watch with two white wires, hours, minutes and seconds hands
MO.15Multi parts of watch with two black wires, hours, minutes and seconds hands MO.16Black colour insulated tape
MO.17One circuit clock of Samai
MO.18Battery connected with black and red wires
MO.19Battery connector having red and black wires
MO.20Testing bulb with red and brown wires
MO.21One green colour testor
MO.22Orange and black colour paper cutter
MO.23Rubber stamp 161 SC 1/2011 (Dilsukhnagar)
MO.24One black colour Multi HRC testor meter
MO.25Prince make time piece with black and white wires
MO.26One brown time piece attached to battery connector with red and orange wires
MO.27Insulation tape
MO.289 volts battery
MO.29green colour testor
MO.30Multi meter checking cords red and black
MO.31one serial testing bulb with blue and purple
MO.32Rexine bag
MO.33News Paper
FAC. II Addl Metropolitan Sessions Judge at Hyderabad for trial of Cases filed Counter Terrorist Operations (OCTOPUS P.S.)
Note:
As per orders in Crl.MP.No.379/2018, dt.10.09.2018, the names of
PW.s 1 to 5, PW.s 8 to 17, PW.20, PW.21, PW.30 and PW.31 are hidden.
1 SC 495/2013 (Harbouring)
IN THE COURT OF THE II ADDITIONAL METROPOLITAN SESSIONS JUDGE,
AT HYDERABAD FOR TRIAL OF CASES FILED BY COUNTER TERRORIST
OPERATIONS (OCTOPUS P.S.) IN THE STATE
Present: Dr. T. SRINIVASA RAO,
Fac. II Additional Metropolitan Sessions Judge, at Hyderabad for trial of Cases filed by Counter Terrorist Operations (OCTOPUS) in the State.
Dated this the 10 th day of September, 2018
SESSION CASE No. 495 of 2013
Crime Number and Police Crime No.3/2008 of Octopus P.S.
Name and description of the A8:Mohammed Tarique Anjum Ahsan @ accused personTariq, S/o Mohd. Badruz Zaman, age 31 years, R/o: D.76/1, Abdul Fazal Enclave, Jamia Nagar, Okhla, Delhi. Prosecution conducted by1. Sri. Shesha Reddy
2. Sri. K. Surender
Accused defended by Sri Shaik Saifullah, Mohd. Imran Khan Mohd. Razaq Ali, Advocates Offences chargedSection 19 of Unlawful Activities (Prevention) Act, 1967. Plea of the accusedNot Guilty Finding of the CourtFound guilty RESULTIn the result, the Accused No.8 is found guilty for the offence punishable under Section 19 of
Unlawful Activities (Prevention) Act, 1967 and accordingly he is convicted for the said offences under Section 235(2) Cr.P.C and sentenced to undergo Imprisonment for life and further sentenced to pay fine of
Rs.10,000/ I/d SI for one month for the offence punishable U/Sec.19 of Unlawful
Activities (Prevention) Act, 1967.
2 SC 495/2013 (Harbouring)
; J U D G M E N T :
1.The accused No.8 stand charged for the offence punishable under
Section 19 of Unlawful Activities (Prevention) Act, 1967.
2.The brief facts of the case of the prosecution are that the Indian
Mujahiddin terrorists, accused No.1 Riyaz Bhatkal @ Roshan Khan @ Aziz @
Ahmed Bhai, Accused No.4 Iqbal Bhatkal @ Mohammed Bhai, Accused No.7 Amir
Reza Khan who are presently absconding and wanted by Indian Police, provided leadership, direction and logistical support, entered into criminal conspiracy during the period from July, 2007 to August, 2007 at Pune, Hyderabad and other places, with the accused No.2 Anik Shafique Sayeed @ Anique @ Khaled @
Ashfaq, Accused No.3 Mohd. Akbar Ismail Chowdhari @ Sayeed @ Yakub @
Vinod Patil and Accused No.5 Farookh Sharfuddin Tarkash @ Abdullah and
Accused No.6 Mohd. Saidque Israr Ahmed Shaik @ Yasree @ Imran, to wage war against State and create disharmony among the communities by carrying out series of bomb blasts in crowded places of Hyderabad such as at Gokul Chat
Bhandar, Koti, Hyderabad, 2) Lumbini Park, 3) at Dilsukhnagar, Hyderabad in order to take revenge against Hindu community whom they suspected to be responsible for the blasts in Mecca Mosque that occurred during May,2007 and in pursuance of the said conspiracy and in course of same transaction, committed the following overt acts among others viz., large scale murders, injuries to many civilians and damage to the properties etc., which was unprecedented in the combined of State of Andhra Pradesh. A8 Mohd. Tarique Anjum Ahsan @ Tariq provided shelter to the Accused Nos. 1 and 4 at Delhi and also supported to get apartment for lease, with an intention to screen the evidence in this case and also facilitating them to organize bomb blasts in other parts of India.
3 SC 495/2013 (Harbouring)
a)On the statement of PW.1 (Lal Chand Vijay Wargi), a case in Crime
No. 220 of 2017, under Sections 302, 307, 120B of IPC and Sections 3 & 5 of
Explosive Substances Act was registered at P.S Sultan Bazaar, Hyderabad City by
PW.2 (R. Niranjan, SI of Police) and PW.3 (N. Subhash Babu, Inspector of Police) investigated into the case. Subsequently, as per the instructions of Addl., Deputy
Commissioner of Police, Crimes, Hyderabad city, the CCS/SIT Police, Hyderabad
PW.4 (V.Veerappa, former Inspector of Police)reregistered the said crime as
Crime No. 99 of 2007, under Sections 302, 307, 120B of IPC and Sections 3 & 5 of Explosive Substances Act & Sections 3 & 4 of PDPP Act and Section 7 of
Criminal Law Amendment Act of CCS, Hyderabad and LW.5 (P.(Papaiah, Addl.,
Supdet., of Police, CID), PW.7 (Shaik Bahadur, former Asst., Commissioner of
Police) and PW.5 (B. Wilson, Deputy Sudt., of Police)investigated the case.
Further, as per the orders of Director General of Police, Hyderabad, the CCS/SIT
Police transferred the case to the Station House Officer, OCTOPUS P.S.,
Hyderabad on 30112008 and the same was reregistered by LW.8 (S. John
Wesley, Deputy Supdt., of Police) as Crime No. 03 of 2008, under Sections 302, 307, 120B of IPC, Sections 3 & 5 of E.S Act of OCTOPUS P.S., Hyderabad and on entrustment of investigation, PW.5 investigated into the case. During the investigation, PW.5 added Sections 121(A), 153(A) and 436 of IPC, Sections 3 & 4 of Prevention of Damage to Public Property Act, 1984 and Section 7 of Criminal
Law Amendment Act and the same was informed to the court by filing an alteration memo. A2 (Anik Shafique Sayeed), A3 (Mohd. Akbar Ismail
Chowdary), A5 (Farooq Sharfuddin Tarkash) and A6 (Mohd Sadiq Israr Ahmed
Shaik) were arrested on execution of PT Warrants issued by the court. Further
PW.5 on 25052009, added Sections 13(1) (a) (b), 16, 18, 19 & 20 of Unlawful
Activities (Prevention) Act, 1967 and the same was informed to the court by filing 4 SC 495/2013 (Harbouring) an alteration memo.
b)Later, as per the instructions of IGP, OCTOPUS vide Memo WC. No.
55/M1/Cr.No.3/08OCTOPUS PS/2009, dated 15062009 PW.9 (V.N.V
Satyanarayana, Addl., Supdt., of Police) took up the investigation from LW.8 (S.
John Wesly) verified the investigation of the case.
c)After completion of investigation, PW.9 obtained the permissions from Government of AP to prosecute the Accused Nos. 1 to 7 under Sections 120
B, 121A and 153A of IPC and from the Collector and District Magistrate,
Hyderabad district under Sections 3 and 5 of Explosives Substances Act, 1908 and filed charge sheet against them and the case is pending trial before the Court of II
Addl., Metropolitan Sessions Judge, Hyderabad in Sessions Case No. 02 of 2011.
Later, PW.9 received the prosecution sanction order against A1 to A7 under the provisions of the Unlawful Activities (Prevention) Act, 1967 and filed the same in the Court. Subsequently, the case was transferred to C.I Cell PS, Hyderabad as per the directions of Director General of Police, AP, Hyderabad.
d)Subsequently, on knowing that one Mohd. Tarique Anjum Ahsan @
Tariq, an Indian Mujahideen Cadre (I.M) who was arrested by Delhi Police, who later made confession before Bangalore Police that he had close association with
Indian Mujahideen cadre viz., Riyaz Bhatkal (Absconding accused) in SC Nos.
1/2011, 2/2011 & 3/2011 and other I.M Cadre and knowingly harboured Riyaz
Bhatkal (Absconding accused), Iqbal Bhatkal (Absconding accused) in SC Nos.
1/2011, 2/2011 & 3/2011 and other I.M Cadres in his residence at Flat No. D 76/1, Abdul fazal Enclave, Jaminagar Nagar, Okhla, Delhi after they conducted bomb blasts at Hyderabad, and it was published in all leading print media about the absconding of A1 and A4 and they were wanted by police. PW.11 (M.
Nageswara Rao, Deputy Superintendent of Police) obtained permission from the 5 SC 495/2013 (Harbouring)
Court of I Addl., Chief Metropolitan Magistrate, Hyderabad to continue further investigation in this case under Section 173(8) of Cr.P.C., and after investigation the name of Mohammed Tarique Anjum Ahsan @ Tariq was also included as
Accused No.8 in this case.
e)During further investigation, PW.11 visited the house of PW.6 (Gulam Mustafa @ Chacha @ Uncle) situated in New Delhi, examined him under
Section 161 of Cr.P.C and recorded his detailed statement. PW.6 stated that the accused Md. Tarique Anjum Ahsan @ Tarique joined as tenant in the southern side portion of 2nd floor of his building in the month of May, 2007 for a rent of
Rs. 3,500/ p.m. In the month of November, 2008 three persons visited the portion of Tarique and stayed for 10 to 15 days. When he asked Tarique about the said three persons, he introduced them as his friends viz., Shaheed, Habeeb and Ahmed and they are working as Engineers. After that, on the request of
Tarique he gave one portion to the said three persons for a rent of Rs. 4,000/ p.m. The said persons stayed in the portion for about two months and later went away without vacating the portion. As they did not return, Tarique vacated the said portion after 15 days by paying due rent amount. Later, in the month of
January, 2009 Tarique also vacated the flat.
f)Further, PW.11 when showed the photographs of A1 Riyaz Bhatkal,
A4 Iqbal Bhatkal and another Yasin Bhatkal to PW.6, he identified them as
Shaheed, Habeeb and Ahmed respectively and stated that they are the persons who stayed in the portion of A8 Tarique for about 10 to 15 days in the month of
November, 2007 and subsequently they have taken another portion of his building for rent and stayed for two months. Further, PW.11 brought the accused
Mohammad Tarique Anjum @ Tariq, from Tihar Central Prison, Delhi to
Hyderabad by executing a P.T Warrant issued by the Court of I Addl., Chief 6 SC 495/2013 (Harbouring)
Metropolitan Magistrate, Hyderabad and produced him before the Court and his arrest was regularized in this case on 03052012. On a memo filed by PW.11, the Court of I Addl., Chief Metropolitan Magistrate, Hyderabad granted police custody of the accused for a period of eighteen (18) days from 03052012 to 21 052012.
g)During the police custody, the statement of accused Mohd. Tarique
Anjum Ahsan @ Tariq (A8) was recorded in the presence of two panch witnesses on 18052012 from 11:00 A.M., to 06:00 P.M., in CID New Building, A.C Guards,
Masab Tank, Hyderabad duly attested by PW.11 as well as panch witnesses
LW.12 (G. Aswin Kumar) and LW.13 S.P. Mallappa. The accused Mohd. Tarique
Anjum Ahsan voluntarily made confession and stated that while he was studying
B.Tech., in Anjuman Engineering College, Bhatkal, Karnataka State, he came into contact with Riyaz Bhatkal, Iqbal Bhatkal Absconding accused in SC Nos. 1/2011, 2/2011 & 3/2011 and other Indian Mujahideen Cadre and he attended their secret meetings at Bhatkal, Mumbai and other places in India as well as in Dubai.
He further stated that in the first week of November, 2008 he received a call from
Ahmed @ Yasin, I.M cadre and informed him that Ahmed @ Yasin, Riyaz Bhatkal,
Iqbal Bhatkal and Mousin Chowdary and others conducted several serial bomb blasts at Hyderabad and other parts of India and were looking for a place to take shelter as police were searching for them. On further request of Yasin Ahmed to give shelter to them to conceal their identity to evade arrest of police, as they carried out serial bomb blasts at Hyderabad, Bangalore, Delhi and other parts of
India, the accused Tarique gave shelter to them in his residence and asked them to change their names as their identity was disclosed through Print and Electronic media. Riyaz Bhatkal changed his name as Shaheed, Iqbal Bhatkal as Habeeb and
Yasin Bhatkal as Ahmed and they stayed at his residence located in Flat No. D 7 SC 495/2013 (Harbouring) 76/1, Abu Fazal EnclaveII, Shahinbagh, Jamiangar, Okhala, New Delhi in the 3rd week of November, 2008 and stayed with him for 10 to 15 days. Later on his introduction, they secured a rented flat in the same building.
h) The investigation established that Accused No.8 Mohd. Tarique Anjum
Ahsan @ Tariq knowingly harboured and concealed terrorists viz., Riyaz Bhatkal (A1 in this case) and Iqbal Bhatkal (A4 in this case) in his residence at New
Delhi knowingly that they committed terrorist acts and were wanted by police, thereby committed the offence punishable under Section 19 of Unlawful Activities (Prevention) Act, 1967.
3.The learned I Additional Chief Metropolitan Magistrate, Hyderabad took the case on file under Section 19 of Unlawful Activities (Prevention) Act, 1967 against A8 vide PRC No.3/2013, complied with the provisions of Section 207
Cr.P.C., and committed the case for disposal in accordance with law.
4.On production of the accused from jail, before this Court and on hearing both sides, the following are the charges framed against A8, as under:
“That you (A.8) in the month of November, 2008 harboured Riyaz
Bhatkal (A.1) and Iqbal Bhatkal (A.4) in your Flat No. D76/1, Abu Fazal
EnclaveII, Shahinbagh, Jaminanagar, Okhala, New Delhi, knowing that the said persons are terrorists and that you thereby committed an offence punishable under Section 19 of the Unlawful Activities (Prevention) Act, 1967 and within my cognizance”
5.The said charge was read over and explained to the A8 in vernacular language and he denied the said charge and claimed to be tried.
6.To prove the case of the prosecution, the prosecution got examined
Pws. 1 to PW.11 and got marked Ex.P1 to P13. The accused was examined 8 SC 495/2013 (Harbouring) under Section 313 Cr.P.C, explaining to him the incriminating material available on record and he denied the evidence of the prosecution witnesses by giving written answers after obtaining permission from this Court.
7Heard the learned Special Public Prosecutor and the learned Counsel for the Accused No.8. The written arguments filed by counsel for A8 (Mohammad
Tariqie Anjum Ahsan).
8.The learned Special Public Prosecutor submitted that the A8 knowingly harboured and concealed terrorists viz., Riyaz Bhatkal (A1 in SC No.3/2011) and
Iqbal Bhatkal (A4 in SC 3/2011) in his residence at New Delhi knowing that they committed terrorist acts and were wanted by Police.
9.The learned counsel for the A8 vehemently contended that there are several inconsistencies between the prosecution witnesses and the prosecution failed to establish the date and month and year when the accused gave shelter to the above said persons and the prosecution witnesses could not identify correctly the above said persons and there is no material to show that they are the terrorists and committed the bomb blasts in Hyderabad. Thereby he prayed to acquit the accused by giving benefit of doubt.
10.Now the points for consideration :
I)Does the prosecution prove that the accused harboured Riyaz
Bhatkal and Iqbal Bhatkal knowing fully well that they are the terrorists?
II)Does the prosecution prove that the accused committed the offence under
Section of 19 of Unlawful Activities (Prevention) Act, 1967 beyond reasonable doubt?
9 SC 495/2013 (Harbouring)
11.To prove the case of the prosecution, the prosecution in all examined Pws. 1 to 11.
POINT No.(I):
12.On this aspect PW.1 stated that PW.1 – Lal Chand Vijaywargi deposed that he is one of the owners of Gokul Chat Bhandar at Koti, Hyderabad and the said Gokul Chat Bhandar run by their family members. LW.2 (Punith
Vijaywargi) is his brother's son. LW.3 (Vijay Kumar Yadav) is working in the same
Gokul Chat Bhandar as Icecream maker. LW.4 (Gulab Chand Vijaywargi) is his elder brother. LW.5 (Nawal Kishore Vijaywargi) is his nephew. LW.6 (Rajesh
Kumar Vijayawargi) is his elder brother's son. L.Ws 2, 4 and 6 are running the same business along with him
13.PW.1 further deposed that on 25082007, L.Ws 2 to 4 and 6 were present in the Gokul Chat Bhandar and they were assisting him in the business,
LW.5 came there to meet them. On the said date, at about 07:30 PM, there were several customers in the said shop. His daughter Kajal Vijaywargi brought tea for him from his house. When he was having tea, he heard heavy and serious noise from in front of their shop nearby IceCream counter, and that they came outside of their shop and found that several persons were severely sustained injuries and several persons lost their arms, hands and legs and also heads and several persons were made into pieces.
14.PW.1 further deposed that he came to know that one person by carrying one bag (back pack) and kept on the icecream making machine in the said chat bhandar. His brother's son told him that the said bag was blasted after ten to fifteen minutes after keeping there and the said several persons received 10 SC 495/2013 (Harbouring) injuries due to said blast. L.Ws 2 to 6 are the persons, who received injuries due to said blasting. All the injured persons were shifted to various hospitals in autos, ambulances and rakshak vehicles. LWs.2, 4 to 6 were shifted in one auto to the hospital, LW.3 was also shifted to hospital in another auto, and that their family members visited the said injured persons at the hospital and they were admitted in hospital for treatment.
15.PW.1 further deposed that after one hour, he came back to the scene of offence at about 08:30 PM, by that time, police reached the scene of offence and the Inspector of Police recorded his statement and read over the contents to him, and that he understood the contents and also gone through the contents and put his signature. The said statement was scribed by Sub Inspector of Police.
Ex.P.1 is attested copy of said statement signed by him and that the Inspector of
Police and SubInspector of Police both signed on Ex.P.1 and that his statement u/sec. 161 CrPC was also recorded by the Inspector of Police, PS Sultan Bazaar. In the month of December, 2008 Special Police recorded his statement at Begumpet.
16.During the course of cross examination nothing was elicited to disbelieve the evidence of this witness. Except by putting some bald suggestions that no bomb blasts incident occurred and that it was only a fire accident because of gas cylinders, nothing was elicited to disbelieve his evidence with regard to occurrence of bomb blast.
17.Whereas, PW.2 R. Niranjan, SI of Police, PS Sultanbazar deposed that on 25082007 while he was in PS his Inspector N. Subhash Babu (LW.3) sent a written statement of Lalchand Vijay Wargi (PW.1). Based on the Ex.P1 statement he issued FIR in Cr. No.220/2007 U/s.302, 307, 120B IPC and Sec.3 & 5 of Explosive Substances Act, 1908. Ex.P2 is the attested copy of FIR (original 11 SC 495/2013 (Harbouring) marked in SC. 2/2011 as Ex.P157). After that he sent CD file along with FIR to my Inspector for further investigation. He assisted his Inspector in this case. He conducted inquest panchanama of Sudheer (D4) on 25082007 at OGH,
Hyderabad in the presence of mediators Chandra Shekar and V.Ashok. Ex.P158 is the inquest panchanama of Sudheer (D4) conducted by him in SC. 2/2011.
18.During the course of cross examination, he denied suggestion that as per the instructions from higher officials he registered the offence under Section 120B of IPC.
19.Whereas, PW.3 N. Subash Babu, the then Inspector of Police, PS
Sultanbazar deposed that on 25082007 while he was conducting patrolling duty he received VHF message that blast was occurred in Gokul chat bhandar, Koti. On the said information he rushed to Gokul chat bhandar and found that several people were died and also several people received injuries and they were shifted to hospital with the help of people available there. He also participated in shifting the dead bodies and injured with available vehicles. He examined owner of the
Gokul chat who is PW.1 and he recorded his statement through Sri Venkat Reddy,
SI of Police, Chaderghat PS on the same day. He sent the said statement to PS
Sultanbazar to register the case. PW.2 is SI of Police who issued FIR basing on said statement. Ex.P2 is the said FIR (attested copy) (original marked in SC.
2/2011 as Ex.P157).
20.PW.3 further deposed that he took up the investigation after receiving the FIR. He informed nearby police stations to help at the scene of offence for shifting the injured and dead bodies as per instructions of
Commissioner of Police, Hyderabad. He conducted scene of offence panchanama in the presence of panch witnesses and also drawn rough sketch. He collected the 12 SC 495/2013 (Harbouring) material objects from scene of offence with the help of Forensic staff Sri Suresh.
He photographed and videographed the scene of offence. Thereafter he examined and recorded the statements of PW.1, 2, 3, 4, 5 and LW.6 in SC. 2/2011. The inquest panchanamas of various dead bodies were conducted by different police officers of our zone as per instructions of DCP and CP on 25082007 and 2608 2007. He visited Care hospital on 27082007 and recorded the statement of
Vamshi Chakravarthi. After instructions from CP, Hyderabad he transferred the
CD file to CCS, Hyderabad for further investigation.
21.During the course of cross examination nothing was elicited to disbelieve his evidence. Ofcourse he admitted that the first and second pages of scene of offence panchanama do not contain any signatures.
22.Whereas, PW.4 V. Veerappa retired as Addl. S.P., Hyderabad in the year 2008. In the year 2004 to 2008 he used to worked as Inspector of Police, CCS
Admin Wing, Hyderabad. On 29082007 at 1430 hours he received CD file in Cr.
No.220/2007 of PS Sultanbazar U/Sec.302, 307, 120B IPC and Sec.3 & 5 of
Explosive Substance Act from DCP, DD, Hyderabad.
23.PW.4 further deposed that as per the endorsement of the DCP he re registered a case in Cr.No.99/2007 U/Sec.302, 307, 120B IPC and Sec.3 & 5 of
Explosive Substance Act and handed over the CD file to Sri Papaiah, SIT for further investigation. The original FIR and connected documents sent to Court through special messenger on the same day. Ex.P2 is the attested copy of FIR. On
Ex.P2 he reregistered the crime as Cr. No.99/2007 which was marked in SC.
2/2011 as Ex.P162.
13 SC 495/2013 (Harbouring)
24.During the course of cross examination his evidence is not disputed;
25.Whereas, PW.5 B. Wilson retired as DSP, Vigilance and
Enforcement Department, Kurnool in the year 2017. Previously he worked in SIT as ACP from 31122007 to November, 2009. He took up investigation in Cr.
No.99/2007 which was marked in SC. 2/2011 as Ex.P162. Subsequently he hand over the investigation to V.N.Satyanarayana (LW.9) for further investigation on the instructions of our DGP.
26.During the course of cross examination he admitted that till handing over investigation to V.N.V Satyanarayana (Pw.9), he did not have any incriminating material except the names of four accused persons and there is no information with regard to present accused.
27Whereas PW.7 stated that he is retired as ACP, CCS in the year 2008. He worked as ACP, CCS from July, 2007 to 31012008. He conducted investigation on 28082007 on the instructions of Commissioner of Police,
Hyderabad in memo L & O No.M2/4427/07, dt.28082007 to take up the investigation and verified the CD files and found it correct lines in Cr. Nos.97, 98, 99 of 2007 of CCS and subsequently on the instructions of our DCP, DD he hand over the investigation to Wilson for further investigation in the said crimes.
28.During the course of cross examination nothing was elicited to disbelieve his evidence.
29.These witnesses are pertaining to the bomb blasts that occurred on 2508 2007 in Hyderabad and these aspects were already decided in S.C Nos. 1, 2, and 3 of 2011 and the involvement of A1 (Riyaz Bhatkal) is clearly established in all the three cases, so it is suffice to say that Riyaz Bhatkal is a terrorist.
14 SC 495/2013 (Harbouring)
30.To attract the offlence under Sec. 19 of Unlawful Activities (Prevention) Act, 1967, the prosecution has to establish two ingredients viz.,
i)that the accused Riyaz Bhatkal and Iqbal Bhatkal in SC Nos.
1/2011, 2/2011 and 3/2011 are terrorists.
ii) The accused harboured Riyaz Bhatkal and Iqbal Bhatkal
knowing that they are terrorists;
31.So far, the prosecution established the first limb that Riyaz bhatkal is a terrorist, in so far Iqbal Bhatkal concerned there is no material produced by the prosecution in SC Nos. 1, 2, and 3 of 2011 with regard to his involvement.
32.In so far as the second limb is concerned, PW.6 Gulam Mustafa stated that he was shifted to Delhi in the year 1990 for business and study. He started construction of his house in the year 2006 and started living in the said house from 2007. His house consists of ground plus three. In ground floor his shop is situated where he used to do embroidery work and reside in first floor along with his family and let out second and third floor for rent.
33.PW.6 further deposed that first one Zahed used to stay as tenant and the said Zahed brought one person by name Tariq Anjum (accused in this case).
PW.6 identified the accused person as the said Tariq Anjum. He further stated that the accused stayed as tenant for two years along with his family. During his stay the accused brought three of his friends, the said friends were introduced to him and the accused informed that they will stay with him. Accordingly the said three persons stayed for 10 to 15 days, thereafter they were not to be seen. During the year 2012 the Hyderabad police came to his residence and enquired and examined him.
15 SC 495/2013 (Harbouring)
34.PW.6 further stated that police shown 3 to 4 photographs viz Ex.P3 to P6 and he stated that Ex.P3 ( photograph of Riyaz Bhatkal accused No.1 in
SC 2/2011) is the photograph of one of the friends of accused whose name he
does not remember and and Ex.p4 is the other photograph of the person whose name was Iqbal (Photograph Accused No.4 in SC No.2/2011). Ex.P5 (Photo of
Riyaz Bhatkal in Red Corner Notice ) and P6 (is the photo of Iqbal Bhatkal in
Red Corner Notice) were confronted to him.
35.The photo identified by PW.6 is corresponding to the photo appeared in red corner notice under Ex.P.5. So the photo identified by PW.6 is that of Riyaz Bhatkal who is a terrorist.
36. PW.6 further deposed that Ex.P7 is the photograph of his residence.
Ex.P8 is the photocopy of electricity bill pertaining to his residence. Ex.P9 is the photocopy of electricity bill pertaining to his residence. Ex.P9 is the rough sketch of his residence where the accused and his friends stayed whose photographs are
Exs.P3 to P6.
37.At this stage, the learned defence counsel raised objection for marking of Exs.P5, P6 and P8 stating that Ex.P5 & Ex.P6 bearing date as 19.2.2018 on the top of the same and then how the same were shown to PW.6 in the year 2012.
38.It is to be noted that Pw.6 was shown of the photographs under
Ex.P3 & P.4 in the year 2012 during course of investigation but not Ex.P5 & P.6; and the Ex.P5 & P6 were shown during the course of trial. So, there is no ambiguity. In so far as Ex.P5 and P6 which are the print outs taken out in the year 2018 only to confront the witness as to the declaration of the accused as 16 SC 495/2013 (Harbouring) terrorists. Further, in the bottom of Ex.P5 and P6, it shows that they were declared as terrorists required by Interpol by July 2011. In so far Ex.P8 is concerned when the ownership of PW.6 is not in much dispute, it does not cause any prejudice to the accused.
40.In so far as the identification of the terrorist is concerned, the learned defence counsel relied upon the following citation;
D. Gopalakrishnan Vs. Sadanand Naik and others reported in AIR (SC) 4965, wherein the Hon'ble Supreme Court held as under:
“There are no statutory guidelines in the matter of showing photographs to the witnesses during the stage of investigation. But nevertheless, the police is entitled to show photographs to confirm whether the investigation is going in the right direction”.
41.With due respect to the ratio laid down in the above citation, the said decision is not applicable to the facts and circumstances of the case. In fact this decision is favourable to the prosecution and no way helpful to the defence.
Moreover in the present case on hand the photo shown is not that of the accused person but a terrorist.
42.The admissions of PW.6 during the cross examination that:
“the tenants in Delhi have to furnish all the details which ID proof to the police. It is true that after clearance from police tenants will occupy the premises. In this case witness adds that he did not obtain any clearance from the police. I do not know that unless there is clearance from the police if premises are given for rent case will be booked against owners. There was no case booked by Delhi Police against me. In this case I did not inform to police about giving rent of my premises” do not shake his testimony nor create any doubt. He denied suggestion that accused never stayed in his house.
17 SC 495/2013 (Harbouring)
43.PW.9 – V.N.V Satyanarayana, the then DSP, OCTOPUS deposed that he was the Chief Investigating Officer in Lumbini Park blast case, Gokul Chat blast
Case and also unexploded bomb found in Dilsukhnagar in the evening of 2508 2007, and that during his investigation, Riyaz Batkal and Iqbal Batkal are members of Indian Mujahiddin and the said Riyaz Batkal and Iqbal Batkal in collusion with other accused namely Aniq, Akbar, Ismail Chowdary, Farooq
Sharfuddin Tarkash, Sadiq Israr Ahmed Shaik and Amir Razaq Khan have conspired and executed the said bombings, and that both Riyaz batkal and Iqbal
Batkal are accused in all three bomb cases, Riyaz Batkal has in fact stayed in
Hyderabad along with Aniq Shafiq Sayeed and Akbar Ismail Chowdary who are accused in all three cases numbered as SC No 1 of 2011, 2 of 2011 and 3 of 2011 on the file of this Court.
44.He further deposed that on 25082007 Riyaz Batkal placed the bomb in
Gokul Chat Bandar as per his investigation. Aniq Shafiq Sayeed placed bomb at
Limbini Park and Akbar Ismail Chowdary placed the bomb at Dilsukhnagar, and that during his investigation he found that Riyaz Batkal and Iqbal Batkal were accused in the said cases and their photographs were secured from investigation agency, Bombay CID during last week of February 2009. Red Corner notices were issued by Interpol against the members of Indian Mujahiddin including Riyaz
Batkal which is Ex.P.5 and Iqbal Batkal which is Ex.P.6. Exs P.3 and P.4 are photographs of Riya Batkal and Iqbal Batkal which were collected for the purpose of investigation.
45.During the course of cross examination, he denied a suggestion that he does not know anything abut the persons of Exs P.3 and P.4 photographs and only for the purpose of the case, he gave false evidence.
18 SC 495/2013 (Harbouring)
46.PW.10 B.N Nyama Gouda, Retired S.P deposed that he was investigating Chinnaswamy Stadium Blast which was registered as Crime. No. 92 of 2010 of P.S Cubbon Park, and that he arrested the accused Tariq Anjum.
47.PW.10 further deposed that his investigation revealed that the accused Tariq Anjum (accused of this case) and Iqbal Batkal, Riyaz Batkal and others were involved in the said blast carried out in Chinnaswamy stadium and that his investigation further revealed that Riyaz Batkal and Iqbal Batkal are also involved in the Hyderabad blasts which were carried out on 25082007 at Gokul
Chat, Dilsukhnagar unexploded bomb case and Lumbini Park blast cases.
48.PW.10 further deposed that his investigation revealed that the accused was residing in Delhi gave shelter to Riyaz Batkal and Iqbal Batkal after they carried out the blasts at Hyderabad and having knowledge about Riyaz
Batkal and Iqbal Batkal being involved in the said cases. Exs P.3 and P.4 are red corner notices of Riyaz Batkal and Iqbal Batkal and the corresponding photographs are Exs. P.5 and P.6.
49.During the course of cross examination, he admitted that basing on the alleged confession of accused Tariq Anjum he has stated about the involvement of accused and except said confession he does not have any other evidence against the accused and he denied the suggestion that he never recorded any confession of the accused and said accused persons are not known to one another.
50.PW.11 – M. Nageswara Rao, the then Deputy Superintendent of
Police, Counter Intelligence Cell, A.P deposed that CI cell PS was notified by de notifying OCTOPUS PS vide GO Ms. No. 287 Home Dt. 03112010, and that after 19 SC 495/2013 (Harbouring) creation of Counter Intelligence Cell PS he was nominated as SHO of PS vide
Orders ID No. 2/CSection VI dated 15112010 of Inspector General of Police,
Intelligence, A.P Hyderabad and that Indian Mujahiddin (IM) was responsible for several blasts all over the country since 2006.
51.PW.11 further deposed that on 25082007 blasts occurred in Gokul
Chat Bundar, Limbini Park and one unexploded bomb was found at Dilsukhnagar which was later diffused and in the said cases investigation was done by the SIT initially and later by the OCTOPUS police and that after creation CI Cell PS, CD files pertaining to the said three cases handed over to him 18112011 and he took up investigation.
52.PW.11 further deposed that during the investigation in Chinna
Swamy Stadium Bangalore, in Cr. No. 54 of 2011 of Cubbon Park PS investigated by Bangalore Police, it was found that the accused of this case, Tariqe
Anjum(Accused in this case) was involved in the said blast and arrested by the
Bangalore Police and during investigation they came to know that the accused
No.8 had given shelter to the accused Riyaz Bhatkal, Iqbal Bhaktal.
53.During the cross examination he denied the suggestion that Pw.6 is a stock witness of Delhi Police and he did table investigation.
54.In this matter, the evidence of PW.6 clinchingly proves the fact that from 2007 to 2009 he started living in his house which consists of ground + three floors and used to run shop in the ground floor and used to reside in the first floor along with his family and he let out second and third floors for rents. Firstly one
Zahed used to stay as tenant and this Zahed brought the accused and he stayed as tenant for two years along with his family and during his stay the said accused 20 SC 495/2013 (Harbouring) brought three of his friends informing that they will stay with him and accordingly the said three persons stayed for ten to fifteen days and thereafter, they were not seen. At this stage, the learned counsel for the accused vehemently contended that the evidence of this witness is not specific with regard to the date and month and year as to when the three persons came to his house for shelter.
There is no dispute with regard to the occurrence of bomb blasts at
Hyderabad on 25.8.2007. As per the evidence of PW.6, three persons (Riyaz
Bhatkal and others) who are friends of accused of this case stayed with the present accused for 10 to 15 days and thereafter they were not seen. The accused was tenant of PW.6 for a period of two years from 2007 to 2009. So, it is clear that the accused stayed in the house of PW.6 as tenant between 2007 to 2009. Though there is no specific date of stay of Riyaz Bhatkal and others mentioned in his evidence, but it is immaterial because the prime question in this case is whether the accused haraboured the terrorists or not after the blasts in
Hyderabad and the evidence of PW.6 clearly showing that the accused of this case harboured the terrorist (Riyal Bhatkal) and other persons, and the given facts and circumstances give rise to inference that the Riyaz Bhatkal and two other accused persons involved in SC 1/2011, SC. 2/011 and SC. 3/2011 have stayed with the accused of this case after commission of the offence in SC 1/2011, SC 2/2011 and
SC 3/2011 on the file of this Court. The said stay of terrorists with the accused is
supported by Investigating Officers Pws.9 to 11 who categorically stated that
Riyaz Bhatkal and other accused having committed bomb blasts in Hyderabad took shelter in the house of accused as per their investigation. Therefore, the evidence of PW.6 supported by the Investigating Officers PW.9 to 11 establishes the knowledge of the accused that Riyaz Bhatkal is a terrorist as they stood for the test of cross examination and moreover, the accused of this case also involved in 21 SC 495/2013 (Harbouring)
Chinna Swamy Stadium, Bangalore blast case along with terrorist (Riyaz Bhatkal and others) and he was arrested by the Bangalore Police. At this stage, it is relevant to refer to the decision in Baldev Singh Vs. State of Harayana, dated 4th
November, 2015, wherein the Hon'ble Supreme Court held as under:
“evidence of police witnesses cannot be discarded merely on the ground that they belong to police force and interested in the investigation and their desire to see the success of the case”
55.In so far as, the sanction to prosecute his concerned, the learned counsel for the accused vehemently contended that the Officer who issued sanction proceedings did not apply his mind, hence sanction proceedings are not valid. On this aspect PW.8 – K.P Laxmi Narasamamba deposed that he received summon in this case and that in the year 2012 their Department received one proposal from Addl., DGP, Intelligence Department for the purpose of granting sanction in respect of giving shelter to the accused in cases relating to Limbini
Park blast case, Gokul Chat blast case and also Dilsukhnagar unexploded bomb case, and that the Addl., DGP, Intelligence department sent a request letter along with all relevant records pertaining to the case.
56.PW.8 further deposed that based on that record their the then
Principal Secretary to Government Sri T.P Das accorded sanction for prosecution
of A8 Mohd Tariq Anjum for the offences punishable under Section 19 of
Unlawful Activities Prevention Act 1967 and that he can identity the signature of
TP Dass, the then Principal Secretary to Government who signed on Ex.P.10 sanction order.
57.During the course of cross examination nothing was elicited to disbelieve her evidence.
22 SC 495/2013 (Harbouring)
58.The learned counsel for the accused relied upon the following citations.
a) Rambahi Nathabhai Gadhvi and others Vs. State of Gujarat, reported in (1997) 35 Acr.C 333, wherein the Hon'ble Apex Court held as under:
“A the provisions of TADA are more rigorous and the penalty provided is more stringent and the procedure for trial prescribed is summary and compendious, the sanction process mentioned in Section 20(2) must have been adopted more seriously and exhaustively than the sanction contemplated in other penal statutes.
b) Mansukhlal Vithaldas Chauhan Vs. State of Gujarat, reported in (1997) 35 ACRC501, wherein the Hon'ble Supreme Court held as under:
Sanction for prosecution granted without application of mind by sanctioning authority in obedience of mandamus assumed by High Court, not valid. It is not conclusive as “shall” and “must” have, some times been interpreted as “may”. What is determinative of the nature of duty, whether it is obligatory, mandatory or directory, is the scheme of the Statute in which the “duty” has been set out. Even if the”duty” is not setout clearly and specifically in the Statute it may be implied as correlative to a “right”.
In the performance of this duty, if the authority in whom the discretion is vested under the Statute, does not act independently and passes an order under the instruction and passes an order under the instruction and orders of another authority, the Court would intervene in the matter, quash the order and issue a mandamus to that authority to exercise its own discretion. Sanction under Section 6 of the Prevention of Corruption Act, 1947 is a discretion and bests absolutely in sanctioning authority. The mind of sanctioning authority should not be under pressure from quarter”
59.There is no dispute with regard to the ratio laid down in the above decisions, but not applicable to the present facts and circumstances of the case.
60.Perusal of the Ex.P10 shows that after perusing the relevant records and on due consideration of the role of accused No.8 of this case in voluntarily harbouring and concealing the terrorists viz., Riyaz Bhatkal and Iqbal Bhatkal (A4) in his residence at New Delhi, sanctions was granted.
23 SC 495/2013 (Harbouring)
61.The learned counsel for the accused relied upon another citation with regard to the knowledge of the accused that they are the terrorists.
Kalpnath Rai Vs. State reported in AIR (SC) 201, wherein the Hon'ble
Apex Court held as under:
“Proof of accused convicted for sheltering terrorist had no knowledge that person sheltered by him was terrorist. Conviction set aside” “If Section 3(4) is understood as imposing harsh punishment on a person who gives shelter to a terrorist without knowing that he was a terrorist such an understanding would lead to calamitous consequences. Many an innocent person, habituated to offer hospitality to friends and relatives or disposed to zeal of charity, giving accommodation and shelter to others without knowing that their guests were involved in terrorist acts, would then be exposed to incarceration for a long period”
62.The above decision is not applicable to the present facts and circumstances of the case. With regard to knowledge of the accused that Riyaz
Bhatkal is a terrorist, this decision is not applicable as the accused was already involved in Chimma Swamy blast case along with Riyaz Bhatkal and others, and it shows that the accused knowing fully well that Riyaz Bhatkal is a terrorist he gave shelter.
63.From the above evidence, the prosecution clearly established that the accused harboured Riyaz Bhatkal knowingly fully well that Riyaz Bhatkal is a terrorist. The point No.1 is answered affirmatively in favour of the prosecution.
POINT NO. II
64.As per the evidence of PW.10 Ex.P3 the red corner notice of Riyaz
Bhatal and corresponding to the photograph of Ex.P5 and PW.6 clearly identified the said photograph. The evidence of PW.10 further reveals involvement of the present accused in the blast carried out at Chinnaswamy Stadium registered in
Crime No.92/2010 and his intention and knowledge to harbour Riyaz Bhatkal is 24 SC 495/2013 (Harbouring) coming out. So as discussed in previous part of the judgment the accused of this case, knowingly fully well that Riyaz Bhatkal is a terrorist involved in bomb blasts at Hyderabad harboured him, and thereby committed offence under Section of 19 of Unlawful Activities (Prevention) Act, 1967 beyond reasonable doubt. Point
No.II is answered affirmative.
65.In the result, the Accused No.8 is found guilty for the offence punishable under Section 19 of Unlawful Activities (Prevention) Act, 1967 and accordingly he is convicted for the said offences under Section 235(2) Cr.P.C
Directly typed to my dictation by Stenographer – Gr.1, corrected and pronounced by me in the open court on this the 10th day of September, 2018.
FAC. II Addl Metropolitan Sessions Judge at Hyderabad for trial of Cases filed Counter Terrorist
Operations (OCTOPUS P.S.)
66.Heard the accused with regard to the quantum of sentence. He stated that “In fact, I am innocent. It is unprecedented and unfortunate moment of my life that being innocent I could not convenience my innocence to this Hon'ble
Court. I am single son to my old aged parents. I am in counter marriage means my sister is married to my wife's elder brother. I have already spent six years in jail. Lenient view may be taken while awarding punishment to me. The sentence to be imposed on me would give impact on the life of my sister.”
67.The learned Special Public Prosecutor submitted that the accused had knowingly harboured the terrorists and in fact he is an abettor of the offence and taking into gravity of the offence, he is not deserve for any lenient punishment and maximum sentence is to be awarded.
68.Per contra, the learned counsel for the accused submitted that the accused had no knowledge of the absconding accused and he was innocent and the 25 SC 495/2013 (Harbouring) maximum sentence prescribed under Section 212 IPC is five years and the accused is having two children, unmarried sisters and the period already undergone by him may be given set off.
69. The present accused harboured the terrorists who committed in an extremely brutal, grotesque, diabolical, revolting, or dastardly manner so as to arouse intense and extreme indignation of the community. Taking into consideration the nature of offence, and the gravity of offence committed by the accused, I do not see any reasons to take lenient view.
70.In the result, the accused No.8 sentenced to undergo Imprisonment for life and further sentenced to pay fine of Rs.10,000/ I/d SI for one month for the offence punishable U/Sec.19 of Unlawful Activities (Prevention) Act, 1967. Office is directed to issue free copy of the judgment to accused. Right to appeal is informed to accused for which he stated to have means to engage counsel to prefer appeal.
Directly typed to my dictation by Stenographer – Gr.1, corrected and
pronounced by me in the open court on this the 10th day of September, 2018.
FAC. II Addl Metropolitan Sessions Judge at Hyderabad for trial of Cases filed Counter Terrorist
Operations (OCTOPUS P.S.)
APPENDIX OF EVIDENCE
WITNESSES EXAMINED ON BEHALF OF PROSECUTION:
PW.1Lal Chand Vijay Margi, (LW.1) Complainant & Eye Witness
PW.2R. Niranjan, (LW.2), (LW.2), Issued FIR in Cr. No. 220/2007 of PS Sultan Bazar
PW.3N. Subhash Babu, (LW.3), I.O in Cr. No. 220/2007 of PS Sultanbazar
PW.4V.Veerappa,(LW.4), Reregistered the case in Cr.No. 220/2007 of Sultan Bazar PS as Cr.No.99/2007 of PS CCS,DD 26 SC 495/2013 (Harbouring)
PW.5B. Wilson, (LW.7), I.O in Cr. No. 99/2007 of CCS, DD
PW.6Gulam Mustafa @ chacha @ Uncle,(LW.11), Circumstantial witness PW.7Shaik Bahadur, I.O in Cr. No. 99/2007 of PS CCS, DD
PW.8K.P. Laxmi Narasamamba, (LW.14), Section officer, Secretariat.
PW.9V.N.V. Satyanarayana, (LW.9), Reregistering the FIR in Cr. No. 99/2007 of CCS/DD as Cr. No. 3/2008 of PS Octopus and filed charge sheet
PW.10 Nyama Gouda, (LW.10), Arrested the accused No.8
PW.11M. Nageshwara Rao, I.O for further investigation in Cr. No.3/2008 and filed charge sheet.
WITNESSES EXAMINED ON BEHALF OF DEFENCE: Nil
EXHIBITS MARKED FOR PROSECUTION: Ex.P.1 Attested Copy of Statement of PW.1 (Original in SC No.2/2011)
Ex.P.2 Attested Copy of FIR (Original in SC No.2/2011)
Ex.P.3 Photograph of Riyaz Bhatkal
Ex.P.4 Photograph of Iqbal Bhatkal
Ex.P.5 Red Corner Notice of Riyaz Bhatkal
Ex.P.6 Red Corner Notice of Iqbal Bhatkal
Ex.P.7 Photograph of residence of PW.7
Ex.P.8 Photocopy of Electricity Bill of PW.7
Ex.P.9 Rough Sketch
Ex.P.10Sanction Orders
Ex.P.11Copy of Charge Sheet in SC No. 1/2011
Ex.P.12Copy of Charge Sheet in SC No. 2/2011
Ex.P.13Copy of Charge Sheet in SC No. 3/2011
EXHIBITS MARKED FOR DEFENCE: Nil
MATERIAL OBJECTS: Nil
FAC. II Addl Metropolitan Sessions Judge at Hyderabad for trial of Cases filed Counter Terrorist
Operations (OCTOPUS P.S.)
1 SC No.325 of 2013
IN THE COURT OF THE ADDL.METROPOLITAN SESSIONS JUDGE FOR TRIAL
OF COMMUNAL OFFENCE CASES CUM VII ADDITIONAL METROPOLITAN
SESSIONS JUDGE : HYDERABAD.
Present: Dr.T.Srinivasa Rao, Addl. Metropolitan Sessions Judge For Trial of Communal Offence Cases cum VII Addl. Metropolitan Sessions Judge, Hyderabad.
Dated this the 24th day of November, 2017
SESSIONS CASE NO.325 of 2013
(PRC No.26 of 2013 on the file of Chief Metropolitan Magistrate, Hyderabad)
Committed by:Sri.K.Sanga Reddy, Chief Metropolitan Magistrate, Hyderabad.
Crime No. and P.S.Crime No.299 of 2010 of Chandrayangutta Police Station, Hyderabad.
Name of the complainantThe State through Assistant Commissioner of Police, Falaknuma Division,Chandrayangutta Police Station, Hyderabad.
Name and Description of the A1-Md Fiaz Khan, S/o.Md.Hafeez Khan, accusedaged 26 years, Occ: Private service, R/o.H.No.18-1-510/56/A/36,Near Paradaise Function Hall, Phoolbagh, Chandrayangutta, Hyderabad.
A2-Smt.Ghousiya Begum, W/o.Md. Hafeez, aged 40 years, Occ:Housewife, R/o.H.No.18-1-510/56/A/36,Near Paradaise Function Hall, Phoolbagh, Chandrayangutta, Hyderabad.
A3-Md.Hafeez Khan, S/o.Late Md Ramzan Khan, aged 51 years, Occ: AlmasTailor,R/o.H.No.18-1- 510/56/A/36, Near Paradaise Function Hall, Phoolbagh, Chandrayangutta, Hyderabad.
A4-Kum.Fahmeena, D/o.Hafeez Khan, aged 19 years, Occ: Student, R/o. H.No.18-1-510/56/A/36,Near Paradaise Function Hall, Phoolbagh, Chandrayangutta, Hyderabad.
A5-Feroz Khan, S/o.Hafeez Khan, aged 24 years, Occ: Car Mechanic, R/o.H.No.18-1-510/56/A/36,Near Paradaise Function Hall, Phoolbagh, 2 SC No.325 of 2013
Chandrayangutta, Hyderabad.
A6-Smt.Asiya Begum, W/o.Sk.Hussain, aged 24 years, Occ: Housewife, R/o.5- 3/1, Mamnoor Camp, Laxmipuram, Warangal.
Prosecution conducted byAdditional Public Prosecutor
Defence conducted bySri.A.M.Yahiya Khan, Advocate for Accused
Offence under SectionSection 304(B) of IPC
Plea of the accusedPleaded not guilty
Finding of the courtNot guilty
Sentence/OrderIn the result, the accused nos.1 to 6 are found not guilty for the offence punishable under section 304-B IPC and hence they are acquitted under section 235(1) CrPC. Mos 1 and 2 shall be destroyed after expiry of appeal time.
: J U D G M E N T :
1.The facts of the case briefly, as per the charge sheet are as follows:-
On 10.10.2010 at about 1715 hours, PW1 lodged a report stating that her eldest daughter Niloufer was given in marriage to A1 in
April,2009 by giving dowry of Rs.70,000/- cash, 7 tolas of gold, motorcycle and few months after the marriage, the accused started harassing her mentally and physically and meanwhile the accused put a proposal before them to give their second daughter Sajida Begum to A1’s brother, but they refused the said proposal. As such, the accused demanded the deceased to get more money every now and then. She further stated that recently her second daughter got an alliance and they were coming to see her on 10.10.2010 at their house, so she telephoned to A1 to come along with his daughter, but he refused, later her daughter called her and told that A1 was passing indecent and insulting manner remarks against their family and offered some amount and that she consoled her daughter that she will come in the evening. Meanwhile in the afternoon, at about 1530 hours, she received a phone call from one Jawad, LW3 that her daughter was found unconscious in her room and so was shifted to Owaisi Hospital.
3 SC No.325 of 2013
Immediately, they rushed to the hospital and learnt that their daughter expired even before treatment. Basing on the complaint, a case in
Cr.No.299/2010 under section 304(B) IPC was registered.
During investigation, the investigating officer conducted scene of offence cum observation cum seizure panchanama and seized two chunnies, apart from one vegetable cutting knife, obtained brought dead certificate from the doctor, got conducted PME and inquest, recorded the statements of the witnesses, affected the arrest of the accused and that after completion of investigation filed charge sheet against the accused for the offence punishable under section 304(B) IPC.
2.The committal court, on appearance of the accused before it, complied with all the required legal formalities and committed the case to the Metropolitan Sessions Division, Hyderabad, Vide PRC No.26/2013,
dt:22.4.2013. On appearance of the accused before this court, this court
complied with all the required legal formalities, framed charge against the accused for the offence punishable under section 304-B IPC. The accused pleaded not guilty for the charge when it was read over and explained to them and claimed to be tried. On that, the trial of the case was conducted, during the course of which, PWs 1 to 8 were examined and Exs.P1 to 8 and
Mos 1 and 2 marked on behalf of the prosecution. After concluding the prosecution evidence, the accused were questioned about the incriminating circumstances appearing in the prosecution evidence. They denied the same and reported no evidence on their behalf, but got marked Exs.D1 and D2.
3.Now the points that arise for determination by this court are:-
1) Whether the prosecution could prove the guilt of the accused for the offence punishable under section 304-B
IPC beyond all reasonable doubt?
2) To what result?
4 SC No.325 of 2013
POINT NO.1 :-
4.The evidence of PW1, who is mother of the deceased-
Smt.Niloufar shows that they performed the marriage of the deceased with
A1 on 18-04-2009 and at the time of marriage she presented cash of
Rs.70,000/- towards Jodeki rakam, 7 tolas of gold, 25 tolas of silver and furniture worth Rs.1 lakh, household utensils worth of Rs.70,000/- and motorcycle to A1 and that after the marriage, the couple lived happily for few days and thereafter the victim-deceased informed that the accused harassing her for additional dowry and used to torture her. She further deposed that her daughter gave birth to a male child who died after three hours and that the deceased informed her that A1 is insisting for the marriage of her second daughter Sajida Begum to be performed with A5, who is the younger brother of A1 and that she rejected the same. She further deposed that on 10-10-2010 a marriage proposal came for her second daughter, on that she informed A1 and requested them to come along with her daughter to her house and that A1 refused to come as he has some work and also did not send her deceased daughter and that on the same day at about 1:00 p.m., she received a call from her daughter that A1 is torturing her for not obliging their request for the marriage of her second daughter with A5 and she also informed that all the accused torturing her by abusing her in filthy language. She further deposed that at about 3:00 p.m.,
LW.3-Jawad Ali who is cousin of A1 called her and informed that the deceased is in a serious condition and was admitted in Owaisi hospital and that by that time they reached the hospital, the deceased was declared dead and the hospital people informed her that the death occurred due to hanging and that she gave complaint Ex.P1 to Chandrayangutta police. She further deposed that the accused are responsible for the death of her deceased daughter as the accused demanded additional dowry and harassed her and that A6 who is aunt of A1 used to threaten her deceased daughter, if she arranges another marriage to A1 from Warangal, he would get
Rs.2,00,000/- as dowry.
During her cross-examination, she admitted that they have not given the list of jahez articles to the police. She further admitted that they have not made any complaint previously prior to the incident to the 5 SC No.325 of 2013
Karkhana police with regard to the mental and physical harassment made by the accused for want of additional dowry to her deceased daughter and that they have not conducted any panchayats before the elders. She admitted that police has tutored her before entering into the witness box and that she also has taken back the jahez articles and motorcycle.
5.PW2, sister of the deceased deposed that after the marriage of her deceased sister with A1, A1 harassed her sister for additional dowry and her sister gave birth to a male child who died within two hours and her sister was made to work as maidservant at her in-laws house and her brother-in-law intended to perform her marriage with A5 and as they refused for that proposal the accused started severely harassing the victim- deceased. She further deposed that on 10-10-2010 a marriage proposal came to her on that PW.1 telephoned to A1 at 10:00 a.m., and requested
A1 to come to their house along with victim-deceased and that A1 refused to send the victim-deceased to their house and informed that he was also busy and that on the same day at about 3:30 p.m., LW.3-Jawad Ali telephoned to their house and informed that the deceased became unconscious and was shifted to Owaisi hospital and that they went to the hospital where they were informed in the hospital that the victim-deceased died by hanging. She further deposed that accused are responsible for the death of the victim-deceased and that A6 used to reside at Warangal and she used to visit the house of the accused quite often and used to say that to get rid of the deceased and perform second marriage by taking
Rs.2,00,000/- as dowry.
During her cross-examination she admitted that the marriage of
A1 with deceased is arranged marriage not love marriage and that herself and her family members are against marriage with A1. She further stated that her deceased sister used to call her mother and informed her that the accused are harassing her for additional dowry and the said facts were stated to her by her mother.
6.PW3 the then Tahasildar, Office of RDO Division deposed that on 11-10-2010 she received a requisition from PS Chandrayangutta to conduct
Inquest over the dead body of the deceased Smt.Nilofar and accordingly she 6 SC No.325 of 2013 proceeded to Osmania General Hospital and secured the presence of LW.9-
Faijulla Khan and Smt.Khaja Bee,PW5 and in their presence she conducted inquest over the dead body and that the panchas opined that the deceased died due to the harassment made by the accused and that he recorded the statements of PW.1 and LW.2-Younus Khan who are the parents of the deceased and that Ex.P2 is the Inquest Report. During the cross- examination she admitted that she has not furnished written information to her superior that she has conducted the inquest over the dead body of the victim-deceased.
7.PW4 deposed that about six years back police Chandrayangutta called him to Phoolbagh to one house at 12:00 noon where the police conducted panchanama in the said house and showed him one chunny and one knife inside the room and that Police seized the same and also prepared rough sketch of the scene of offence and that Ex.P3 is scene of offence panchanama and Ex.P4 is rough sketch and MO.1 is chunny and
MO.2 is knife. During cross-examination he admitted that three or four times, he acted as witness as per the request of Chandrayanagutta Police and he acted as witness in other police stations.
8.PW5 deposed that about six years back she went to OGH where
Tahasildar conducted inquest and that the deceased died by hanging herself and that Ex.P2 is the inquest panchanama and that the husband and in laws harassed her as such she died. During cross-examination she admitted that she does not know the contents of Ex.P2 and that she did not go inside the mortuary. She further admitted that PW1 informed her about the harassment made by the accused and as such she is stating as per her version.
9.PW6 the then Associate Professor, Department of Forensic
Medicine, Osmania General Hospital, deposed that on 11-10-2010 on receipt of requisition from MRO, Hyderabad he conducted postmortem examination on the same day between 12:00 noon to 1:00 p.m., and found Antemortem ligature mark of 20 cm., in length of varying width of .5 cm., to 1 cm., present over the front of the neck running obliquely on both sides of the neck, on the right side up to the angle of mandible and on the left side up to 7 SC No.325 of 2013 the angle of mandible, the mark is absent on the back and mark is dry and on reflection of neck, underlying soft tissues were contused with normal hyoid bone and thyroid cartilage and after conducting the examination he opined that the cause of death is due to hanging and that Ex.P5 is the PME
Report and Ex.P6 is the opinion.
10.PW7 the then Inspector of Police, Chandrayangutta PS,
Hyderabad deposed that on 10-10-2010 at 15:00 hours on receipt of VHF message that a woman died due to hanging at Poolbagh, Chandrayangutta, he with his staff visited the scene of crime and came to know that victim/deceased Smt.Nelofur shifted to Owaisi hospital by her husband i.e.,
A1 and that he visited Owaisi hospital and on enquiry he came to know that she is brought dead and that PW.1 came to police station and lodged Ex.P1 complaint and that basing on the contents of Ex.P1 he registered a case crime No.299/2010 under Section 304-B IPC and issued FIR Ex.P7. He further deposed that he informed to ACP, Jagannath Reddy of Falaknuma as the deceased died within 7 years of her married life and that he examined
PW.1, visited scene of crime again and conducted observation of scene of crime,Ex.P3 and drew rough sketch,Ex.P4 and seized MO.1-chunni from which was tied to the iron pipe of the ceiling and MO.2-knife which was lying on the dressing table and that scene of offence was photographed and videographed and that later all the material evidence collected and drafted panchanamas handed over to ACP, Falaknuma for further investigation and that he also assisted the ACP, Falaknuma in issuing requisition to the MRO for conducting inquest and PM examination by the medical officer.
During cross-examination he admitted that he did not examine any relatives of the deceased at Owaisi Hospital when the deceased was admitted and that he did not examine house owner and the immediate neighbours of the scene.
11.PW8 the then Assistant Commissioner of Police, Falaknuma
Division, Hyderabad deposed that on 10-10-2010 on receipt of information from Venkatagiri, Inspector, Chandrayangutta about the death of a young lady by name Nelofur by hanging herself in Poolbagh, Chandrayangutta, he visited the scene of offence, conducted panchanama and seized material 8 SC No.325 of 2013 evidence found in scene of offence ie., two chunnies and one vegetable cutting knife MOs.1 and 2 drafted Ex.P4 rough sketch and later they visited
Owaisi hospital and examined the duty doctor who treated the victim. He further deposed that Ex.P8 is the brought dead certificate of Owaisi hospital and then he instructed PW.7 to shift the dead body to the OGH for postmortem examination and also instructed PW.7 to send a requisition to the RDO with a request to send MRO to conduct inquest over the dead body of the deceased since the marriage of the deceased was took place within 7 years. He further deposed that on 11-10-2010 the MRO-PW.3, conducted inquest over the dead body and examined the witnesses and that the inquest report (Ex.P2 already marked) recorded by the MRO was sent to the court and that he examined the witnesses, and recorded their statements.
He further deposed that on 13-10-2010 A1 to A4 and A6 were arrested at their relatives residence at Poolbagh and brought to PS, affected the arrest of the accused and that after collection of PME (Ex.P5), filed charge sheet.
12.Now coming to the documentary evidence Ex.P1 is the complaint given by PW1 shows the physical and mental harassment muted out to her daughter for bringing additional dowry and forced her to death and the proposal of the in-laws of her daughter to give their second daughter to A1’s brother and their refusal for the said proposal and the receipt of information on 10.10.2010 that her daughter found unconscious in her room and shifting her to Owaisi Hospital and their rushing to the hospital and came to know that even after giving treatment her daughter expired. Ex.P2 is the inquest report. Ex.P3 is the scene of crime observation cum seizure panchanama. Ex.P4 is the rough sketch. Ex.P5 is the postmortem examination report. Ex.P6 is the Opinion given by the doctor. Ex.P7 is the
First Information report. Ex.P8 is the brought dead certificate issued by the
Owaisi Hospital.
13.Now the short question that falls for consideration is whether the deceased committed suicide by hanging?
14.On this aspect, one need not doubt about the death of the deceased due to hanging as evidenced from PW1, who stated that she received a phone call that the victim found unconscious in her room and she 9 SC No.325 of 2013 was shifted to Owaisi Hospital, the Tahasildar, PW3 who conducted inquest,
PW5 inquest panch, PW6 the doctor who issued PME report also stated with regard to the said aspect of hanging and the inquest report,Ex.P2, postmortem examination report,Ex.P5, opinion given by PW6 under Ex.P6 shows that the deceased died due to hanging.
15.Therefore, the above said oral and documentary evidence clinchingly establishes that the deceased died due to hanging. So, this court has no hesitation to hold that the deceased died due to hanging and thereby committed suicide which is unnatural.
16.The next question is whether the death of the deceased is dowry death, for which section 304-B IPC reads as under:- “Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called “dowry death” and such husband or relative shall deemed to have caused her death.”
17.But, the evidence of Pws 1 and 2 does not reveal any averment of dowry harassment or demand for specific amount of dowry. The main allegation against the accused are that when the accused made a proposal
before PW1 to give her second daughter to A5, who is the brother of A1,
and when the said proposal was refused by PW1, the accused started harassing the deceased mentally and physically. The above said allegation will not come under the definition of section 304-B IPC in any manner.
18.At this stage, it is appropriate to refer the following decisions:-
1) In 2006 (1) ALT (Crl.) 249(SC) between Tirath Kumar @ Ran
Rani and another Vs. State of Haryana wherein it was held that “where there is no evidence that the husband of the deceased or her in laws subjected her to cruelty in connection with a demand for dowry soon before her death, conviction liable to be set aside.” 10 SC No.325 of 2013
2) In 2011(2) ALD (Crl.) 679(AP) between Alakunta Yadaiah Vs.
State of AP wherein it was held that “except general allegation of harassment and ill treatment, no specific instance of harassment spoken by
Pw1. It was further held that even if the sole evidence of PW1 is accepted, it only establishes the demand made by the accused for payment of
Rs.10,000/- and fan and it has not established the harassment caused by the deceased in connection with the demand for the said additional amount of dowry and a fan.”
There is no dispute with regard to the ratio laid down in the above decisions. In this case, admittedly there is no evidence to show that the husband of the deceased or her in laws subjected the victim to cruelty in connection with a demand for dowry soon before her death.
3) In 2008(1) ALD(Crl) 349(AP) between Dheshetti Rajesham and another Vs. State of AP wherein it was held that “statement said to have been made by deceased to Pws 1 to 3 long prior to her death and such statements do not fall within purview of section 32(1) of Evidence Act and no reliance can be placed on them. It was further held that in the present case also, none of the witnesses stated that they have any personal knowledge about the harassment of beatings caused by A1 and no role has been attributed to A2, the mother of A1, except a general statement that the accused were harassing the deceased.”
4) In 2015(2) ALD(Crl.) 617(SC) between Major Singh and another Vs. State of Punjab wherein it was held that “To sustain conviction under section 304-B IPC, the following essential ingredients are to be established:- such cruelty or harassment should be for or in connection with demand of dowry and such cruelty or harassment is shown to have been meted out to the woman soon before her death.”
There is no dispute with regard to the ratio laid down in the above decisions. In this case, there is no such cruelty or harassment for or in connection with demand of dowry.
19.Therefore, in this case, the prosecution has failed to establish that the deceased committed suicide due to dowry harassment. Hence, it cannot be called as a dowry death.
11 SC No.325 of 2013
20.At this juncture it is appropriate to refer a settled law that
Section 304-B. Dowry death-(l) Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon
before her death she was subjected to cruelty or harassment by her
husband or any relative of her husband, for, or in connection with, any demand for dowry, such death shall be called "dowry death," and such husband or relative shall be deemed to have caused her death.
*Explanation - For the purposes of this sub-section "dowry" shall have the same meaning as in Section 2 of the Dowry Prohibition Act, 1961.
(2) Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life."
Section 2 of the Dowry Prohibition Act, 1961 defines "dowry" as under :
2. Definition of "dowry"-In this Act, "dowry" means any property or valuable security given or agreed to be given either directly or indirectly -
(a) by one party to a marriage to the other party to the marriage, or (b) by the parents of either party to a marriage or by any other person, to either party to the marriage or to an other person.
At or before or any time after the marriage in connection with the marriage of said parties, but does not include Dower or Mahr in the case of persons to whom the Muslim Personal Law (Shariat) applies.
Explanation I-For the removal of doubts, it is hereby declared that any presents made at the time of a marriage to either party to the marriage in the form of cash, ornaments, clothes or other articles, shall not be deemed to be dowry within the meaning of this section, unless they are made as consideration for the marriage of the said parties.
Explanation II- The expression ’valuable security’ has the same meaning as in section 30 of the Indian Penal Code.
12 SC No.325 of 2013
Section 113-B of Evidence Act raises a presumption against the accused and reads: 113-B Presumption as to dowry death - When the question is whether a person has committed the dowry death of a woman and it is shown that soon before her death such woman had been subjected by such person to cruelty or harassment for, or in connection with, any demand for dowry, the court shall presume that such a person had caused the dowry death.
Explanation - For the purpose of this section, "dowry death" shall have the same meaning as in Section 304-B of the Indian Penal Code."
The legal position firmly established is that ’suicidal death’ of a married woman within seven years of her marriage is covered by the expression "death of a woman is caused..............or occurs otherwise than under normal circumstances" as used in Section 304B of the Indian Penal Code.
See Satvir Singh v. State of Punjab, [2000] 8 SCC 663.
21.The evidence which has been found acceptable by the courts below against accused No. 1 is that the cruel treatment and harassment of the deceased by him led her to commit suicide which was a death "otherwise than under normal circumstances". To attract the provisions of Section 304-B IPC, one of the main ingredients of the offence which is required to be established is that "soon before her death" she was subjected to cruelty and harassment ’in connection with the demand for dowry’. There is no evidence on record to show that there was a demand for dowry. If at all the harassment or cruelty meted out to the deceased by the husband after the marriage was only that she was issueless which was ’not in connection with any demand for dowry.’ One of the main ingredients of the offence of "demand of dowry" being absent in this case.
22.Moreover, in this case, there is no independent witness examined i.e, either the house owner or neighbour to speak about the alleged harassment and admittedly no previous complaint is lodged against the accused and no panchayat is raised. Added to this, the testimony of Pws 1 and 2, who are mother and sister, suffering from several inconsistencies, omissions and contradictions and it is not reliable, trustworthy and convincing.
13 SC No.325 of 2013
23.Therefore, in view of the oral and documentary evidence and the ratio laid down, this court has no hesitation to hold that the prosecution has failed to prove its case against A1 to A6 for the offence under section 304-B
IPC and accordingly they were entitled for acquittal.
POINT No.2:-
24.In the result, the accused nos.1 to 6 are found not guilty for the offence punishable under section 304-B IPC and hence they are acquitted under section 235(1) CrPC. Mos 1 and 2 shall be destroyed after expiry of appeal time.
Typed to dictation to Stenographer Gr-I, corrected and
pronounced by me in the open court, on this the 24th day of November,
2017.
ADDL. METROPOLITAN SESSIONS JUDGE FOR
TRIAL OF COMMUNAL OFFENCE CASES CUM VII ADDL.
METROPOLITAN SESSIONS JUDGE, HYDERABAD
:: APPENDIX OF EVIDENCE ::
WITNESS EXAMINED FOR PROSECUTION
P.W.1 : Shakira Begum, complainant and mother of the deceased P.W.2 : Sajida Begum, sister of deceased P.W.3 : Waheeda Khatoon, Tahsildar, Inquest, conducted inquest examination P.W.4 : Mohd. Momin, panch for scene of offence cum observation panchanama P.W.5 : Khaja Bee, panch for inquest P.W.6 : Dr.Abhijit Subedar, Associate Professor, Department of Forensic Medicine and Toxicology, Osmania Medical College, conducted postmortem examination and issued opinion P.W.7 : P.Venkata Giri, Inspector of Police, issued first information report and first investigating officer P.W.8 : K.Jagannatha Reddy, Assistant Commissioner of Police, Falaknuma Division, investigating officer and filed charge sheet
WITNESS EXAMINED FOR DEFENCE : Nil
EXHIBITS MARKED FOR PROSECUTION : Ex.P.1 : Complaint given by PW.1 Ex.P.2 : Inquest report Ex.P.3 : Scene of offence panchanama 14 SC No.325 of 2013
Ex.P.4 : Rough sketch Ex.P.5 : Postmortem examination report Ex.P.6 : Final opinion Ex.P.7 : First information report Ex.P.8 : Brought dead certificate
EXHIBITS MARKED FOR DEFENCE : Ex.D.1 : Relevant portion in 161 Cr.P.C statement of PW.1 Ex.D.2 : Relevant portion in 161 Cr.P.C statement of PW.2
MATERIAL OBJECTS MARKED : M.O.1 : Chunny M.O.2 : Knife
ADDL. METROPOLITAN SESSIONS JUDGE FOR
TRIAL OF COMMUNAL OFFENCE CASES CUM VII
ADDITIONAL METROPOLITAN SESSIONS
JUDGE, HYDERABAD.
R/B: C/B:
Order Record 309 total
| Case No. | Parties | Date | Type | Outcome |
|---|---|---|---|---|
| CRLA/501237/2018 | M.Jagdishwar Chary vs PS Sultan Bazar | 25 Apr 2019 | Judgment | Convicted |
| DVC/500863/2017 | S Adinath vs S Kavitha | 24 Apr 2019 | Judgment | — |
| CRLA/500419/2017 | K.Jagdeesh vs Sridhar gopinathan, | 23 Apr 2019 | Judgment | Convicted |
| CRLRP/166/2015 | Sridhar Gopinathan vs K.Jagadeesh | 23 Apr 2019 | Judgment | Convicted |
| SC/230/2016 | The state of TS thru Inspector of police,Saifabad vs A1 - Bora Jaya Krishna alias Sirigiri Sai | 22 Apr 2019 | Judgment | Acquitted |
| CRLA/1146/2014 | M.V.Gopal Rao vs Ms.R.K.Films | 12 Apr 2019 | Judgment | — |
| CRLA/99/2017 | Soma Vijay Prakash vs A.Jagadiswar | 10 Apr 2019 | Judgment | — |
| CRLA/305/2019 | Vikas Jalan vs T.S Traffic P.S Nampally | 10 Apr 2019 | Judgment | — |
| SC/190/2015 | P.S. Mirchowk vs Hassan Bin Ibrahim A1 Jabri | 10 Apr 2019 | Judgment | — |
| CRLRP/500306/2017 | Ashok Kumar Jain vs Central Bureau of Investigation | 09 Apr 2019 | Judgment | — |
| SC/290/2014 | The state through Inspector of police vs Mohd.Mouzam alias Mohd.Shahnawaz alias shahnu | 08 Apr 2019 | Judgment | — |
| CRLA/570/2015 | Manepally Srinivas vs M.R.Narsimha Rao | 02 Apr 2019 | Judgment | — |
| CRLA/501169/2018 | Kanithi Anvesh vs PS Marredpally | 02 Apr 2019 | Judgment | — |
| CRLA/500168/2017 | Accentia Oak Technologies P Ltd. rep. by Deepa parmeshwaran vs Nagesh Parisetty | 29 Mar 2019 | Judgment | — |
| CRLA/799/2016 | T.S.Sasikala vs Bheema Shankaram Rayudu | 27 Mar 2019 | Judgment | — |
| SC/500334/2017 | The SI of police, PS Shahinayat Gunj vs Mohd.Khalid | 26 Mar 2019 | Judgment | — |
| CRLA/10/2016 | M.D.C.H. Prasad vs K.Narayana | 20 Mar 2019 | Judgment | — |
| CRLA/36/2016 | K.Dananjay vs G.Amarnath | 20 Mar 2019 | Judgment | — |
| CRLA/501262/2018 | P.Raghunath vs PS Banjara Hills | 20 Mar 2019 | Judgment | — |
| CRLA/501263/2018 | V.Rakesh vs PS Banjara Hills | 20 Mar 2019 | Judgment | — |
| CRLA/191/2019 | K.Sharath Kumar vs T.S Traffic P.S Mahankali | 15 Mar 2019 | Judgment | — |
| CRLA/819/2016 | Takhur Rajendra Singh vs C.Sampath Kumar | 15 Mar 2019 | Judgment | — |
| CRLA/501270/2018 | B.Soanlal vs PS S R Nagar | 15 Mar 2019 | Judgment | — |
| CRLA/501278/2018 | C.Srujan Kumar vs PS Saifabad | 15 Mar 2019 | Judgment | — |
| CRLA/500208/2017 | K.Vanajakshi vs A.Gurappa | 13 Mar 2019 | Judgment | — |
| CRLA/501193/2018 | C.Srinivasu vs PS Jubilee Hills | 13 Mar 2019 | Judgment | — |
| CRLA/501260/2018 | J.Natraj vs PS Sultan Bazar | 13 Mar 2019 | Judgment | — |
| CRLRP/500367/2017 | A Gurappa vs K Vanajakshi | 13 Mar 2019 | Order | — |
| CRLA/1179/2016 | G.Manga Devi vs K.Praveen Kumar | 12 Mar 2019 | Judgment | — |
| CRLA/501143/2018 | E.Chandra Sekhar vs PS Asifnagar | 11 Mar 2019 | Judgment | — |
| CRLA/501236/2018 | Gangula Konda Reddy vs PS Malakpet | 11 Mar 2019 | Judgment | — |
| CRLRP/500302/2018 | Ansh Agarwal vs PS Panjagutta | 11 Mar 2019 | Judgment | — |
| CRLA/194/2016 | V.Pushpa vs Mohammed Razzack | 08 Mar 2019 | Judgment | — |
| CRLA/975/2016 | G.Sudheer Goud vs A.Anjamma | 07 Mar 2019 | Judgment | — |
| CRLA/501277/2018 | A.P.Subhash Raj vs PS Saifabad | 07 Mar 2019 | Judgment | — |
| DVC/500512/2017 | Mohammed Abdul Ghouse vs Raheemunnisa Begum | 07 Mar 2019 | Judgment | — |
| CRLA/501168/2018 | Shane vs PS S R Nagar | 06 Mar 2019 | Judgment | — |
| CRLA/501186/2018 | N.Radhakrishna vs Vs | 06 Mar 2019 | Judgment | — |
| CRLA/501301/2018 | Sreenivas Yadav vs Traffic PS S R Nagar | 06 Mar 2019 | Judgment | — |
| CRLA/189/2019 | P.Noble Reddy vs T.S Traffic P.S Marredpally | 05 Mar 2019 | Judgment | — |
| CRLA/501300/2018 | Srikanth Akkala vs Traffic PS Panjagutta | 05 Mar 2019 | Judgment | — |
| DVC/501256/2017 | G Rajeshwar Rao vs Krishnakumari @ Sumedha | 05 Mar 2019 | Judgment | — |
| CRLRP/50309/2018 | Shanuak Talwar vs PS Chikkadpally | 01 Mar 2019 | Judgment | — |
| CRLA/706/2016 | Kore Subhasini vs S.Tharabhai | 28 Feb 2019 | Judgment | — |
| CRLA/500475/2018 | K.Prabhakar vs PS Saifabad | 28 Feb 2019 | Judgment | — |
| CRLA/501287/2018 | M.Nagavamshi vs Traffic PS Abids | 28 Feb 2019 | Judgment | — |
| CRLA/190/2019 | N.Raju vs T.S Traffic P.S Marredpally | 27 Feb 2019 | Judgment | — |
| CRLA/501259/2018 | Shyam Kumar vs PS Banjara Hills | 27 Feb 2019 | Judgment | — |
| CRLRP/500300/2018 | P.Venkat Prabhakar vs PS Narayanaguda | 26 Feb 2019 | Judgment | — |
| CRLMP.BAIL/591/2019 | K.S Vijayalakhsmi vs CCS,DD, | 26 Feb 2019 | Order | — |
| CRLA/501261/2018 | D.Raghu vs PS Saifabad | 25 Feb 2019 | Judgment | — |
| CRLA/501215/2018 | Ankit vs PS Panjagutta | 22 Feb 2019 | Judgment | — |
| CRLA/501222/2018 | Ankur Dash vs PS S R Nagar | 20 Feb 2019 | Judgment | — |
| CRLA/501223/2018 | Santosh Pandey vs PS Panjagutta | 20 Feb 2019 | Judgment | — |
| DVC/500951/2017 | Mohd.Mukhtaruddin @ Zaki Pasha vs Hina Firdous | 19 Feb 2019 | Judgment | — |
| CC/8/2008 | State of A.P vs Rmachandra samal | 15 Feb 2019 | Order | — |
| CRLA/32/2019 | P. Vittal Reddy vs Traffic PS Mirchowk | 15 Feb 2019 | Judgment | — |
| CRLA/309/2015 | J. Visweswar Rao vs D. Madhusudhan | 21 Dec 2018 | Judgment | Convicted |
| CRLA/394/2016 | Raja Rajeshwari caterers vs K.Shiva Kumar | 21 Dec 2018 | Judgment | Convicted |
| CRLA/501139/2018 | V.Chandraiah vs PS Banjara Hills | 21 Dec 2018 | Judgment | Convicted |
| CRLA/501202/2018 | C.Sai Kumar vs PS S R Nagar | 21 Dec 2018 | Judgment | Convicted |
| CRLA/664/2015 | M. Bhaskar Reddy vs Ms. Shriram City Union Finance Limited | 20 Dec 2018 | Judgment | Convicted |
| CRLA/501117/2018 | Benjamen vs PS S R Nagar | 20 Dec 2018 | Judgment | — |
| CRLA/501179/2018 | Kesav Vinay vs PS Jubilee Hills | 20 Dec 2018 | Judgment | — |
| CRLA/501180/2018 | Vedala Radhakrishna vs PS Panjagutta | 20 Dec 2018 | Judgment | — |
| CRLA/501181/2018 | MD. Zaheer Ali vs PS Panjagutta | 20 Dec 2018 | Judgment | — |
| CRLA/501203/2018 | B.Santosh vs PS Banjara Hills | 20 Dec 2018 | Judgment | — |
| CRLA/319/2016 | Bhaskara Eggs and Chiken Center vs Sri Laxminarasimha Poultry Farm P Ltd., | 19 Dec 2018 | Judgment | — |
| CRLA/501120/2018 | John Robert, vs PS Panjagutta | 19 Dec 2018 | Judgment | — |
| CRLA/501150/2018 | D.Kiran Kumar vs PS Banjara Hills | 19 Dec 2018 | Judgment | — |
| CRLA/501180/2018 | Vedala Radhakrishna vs PS Panjagutta | 19 Dec 2018 | Judgment | — |
| CRLA/501181/2018 | MD. Zaheer Ali vs PS Panjagutta | 19 Dec 2018 | Judgment | — |
| CRLA/500451/2018 | T.Naveen Singh vs PS Begumpet | 17 Dec 2018 | Judgment | — |
| CRLA/501131/2018 | Koneri Krishna Chaitanya vs PS Jubilee Hills | 17 Dec 2018 | Judgment | — |
| CRLA/501132/2018 | M Ranga Rao vs PS Jubilee Hills | 17 Dec 2018 | Judgment | — |
| CRLA/501194/2018 | K.Sudhakar vs PS Nampally | 17 Dec 2018 | Judgment | — |
| CRLA/501104/2018 | Pitla Prithvi Raj vs PS Panjagutta | 06 Dec 2018 | Judgment | — |
| SC/355/2015 | INSPECTOR OF POLICE vs B.Sujatha | 26 Nov 2018 | Judgment | — |
| SC/380/2015 | P.S.Banjara Hills vs Hunde Madhav Baliram @ Yaday | 19 Nov 2018 | Judgment | — |
| CRLA/501426/2017 | K.Nagender vs PS Marredpally | 13 Nov 2018 | Judgment | — |
| CRLA/797/2015 | WCO, Team-IV, CCS, DD, Hyderabad. vs Vijayendra Prasad, | 08 Nov 2018 | Judgment | — |
| SC/369/2015 | The State thru The Inspector of Police, S.R. Nagr vs A2 - Adapa Ananthamma alias Anadth | 01 Nov 2018 | Judgment | — |
| SC/500010/2018 | PS kalapathar vs A1 - Mohd.Asad @ Asad | 01 Nov 2018 | Judgment | — |
| CRLRP/14/2016 | WPS, Begumpet, North Zone vs M.Anil Alfred | 26 Oct 2018 | Judgment | — |
| CRLA/205/2016 | V.Venugopal vs P.Chandrakala | 22 Oct 2018 | Judgment | — |
| CRLA/209/2014 | Sridhar Potluri vs K.Shamala | 22 Oct 2018 | Judgment | — |
| CRLA/240/2016 | Ameya Loborateries Ltd., vs Ms.Aditya Birla Chemical India Ltd. | 22 Oct 2018 | Judgment | — |
| CRLA/257/2014 | K.Shamala vs Jhansi lakshmi | 22 Oct 2018 | Judgment | — |
| CRLA/500302/2017 | Syed Dasthagir vs PS Bavani Nagar | 15 Oct 2018 | Judgment | — |
| CRLA/500934/2018 | N.Prasoon Reddy vs PS S R Nagar | 15 Oct 2018 | Judgment | — |
| CRLA/500588/2018 | Leander Arthur Duarte vs PS Jubilee Hills | 12 Oct 2018 | Judgment | — |
| CRLA/501415/2017 | M.Sanjeev Reddy vs PS S R Nagar | 12 Oct 2018 | Judgment | — |
| CRLA/500175/2018 | Abdullah feroz baig vs PS Banjara Hills | 11 Oct 2018 | Judgment | — |
| CRLA/500015/2018 | Sanchit P Gala vs PS Narayanaguda | 10 Oct 2018 | Judgment | — |
| SC/500381/2017 | PS Tappachabutra vs Mohd.Nabi | 10 Oct 2018 | Judgment | — |
| CRLA/500069/2018 | E.Dhan raj vs PS Gopalapurm | 08 Oct 2018 | Judgment | — |
| CRLA/501411/2017 | Younus Khan vs PS Narayanaguda | 08 Oct 2018 | Judgment | — |
| SC/500324/2017 | The SI of police, PS Golconda vs A1 - Syed Jamal | 08 Oct 2018 | Judgment | — |
| CRLA/638/2014 | Smt.Pothani Gowri vs M.s.Anand Krishna builder and Developer | 04 Oct 2018 | Judgment | — |
| CRLA/500450/2018 | G.Revanth Rao vs PS Chikkadpally | 03 Oct 2018 | Judgment | — |
Monthly Orders (Last 12 Months)
| Apr 2019 | 14 | |
| Mar 2019 | 34 | |
| Feb 2019 | 14 | |
| Dec 2018 | 21 | |
| Nov 2018 | 7 | |
| Oct 2018 | 26 | |
| Sep 2018 | 45 | |
| Aug 2018 | 28 | |
| Jul 2018 | 4 | |
| Jun 2018 | 1 | |
| Nov 2017 | 13 | |
| Oct 2017 | 18 |
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Frequently Asked Questions
How many cases has Dr T. Srinivas Rao handled?
Dr T. Srinivas Rao has handled 320 court orders since 2017 at HYD, Criminal Court Complex. The average disposal rate is 13 orders per month.
What types of cases does Dr T. Srinivas Rao hear?
Based on available records, Dr T. Srinivas Rao primarily handles Criminal matters (Criminal Appeals, Sessions Cases) and Motor Accident matters (Motor Accident Claims) and Civil matters (Execution Petitions) at HYD, Criminal Court Complex.
Where is Dr T. Srinivas Rao currently posted?
Dr T. Srinivas Rao is posted as IV Addl. Metropolitan Sessions Judge at HYD, Criminal Court Complex, Hyderabad, Telangana.
Are judgments by Dr T. Srinivas Rao available online?
Yes. 20 judgments by Dr T. Srinivas Rao are available on Legistro with full text, outcome, and sections cited.
How fast does Dr T. Srinivas Rao dispose cases?
Dr T. Srinivas Rao disposes approximately 13 cases per month, based on 320 orders handled over their tenure at HYD, Criminal Court Complex.
Since when is Dr T. Srinivas Rao serving?
Dr T. Srinivas Rao has been serving at HYD, Criminal Court Complex since 2017.
Case Types
Posting History
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Feb 2019 — Apr 2019IV Addl. Metropolitan Sessions Judge · 62 orders
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Oct 2018 — Nov 2018Addl. M.S.J for trial of JHCBBC
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Jul 2018 — Jul 2018Metropolitan Sessions Judge
-
Jul 2018 — Dec 2018IV Addl. Metropolitan Sessions Judge · 116 orders
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Apr 2018 — Oct 2018II Addl. Metropolitan Sessions Judge · 16 orders
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Apr 2017 — Apr 2017V Addl. Metropolitan Sessions Judge
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Apr 2017 — Nov 2017VII Addl. Metropolitan Sessions Judge · 126 orders
Outcomes on Record
Other Judges at this Court