2013 Supreme(SC) 272

Supreme Court of India
P. SATHASIVAM & B.S. CHAUHAN, JJ.
Ibrahim Musa Chauhan @ Baba Chauhan– Appellant
Versus
State of Maharashtra – Respondent
Criminal Appeal No. 555 of 2012 with Criminal Appeal No. 1129-1130 of 2007 with Criminal Appeal No. 402 of 2008 With Criminal Appeal No. 617-618 of 2008 With Criminal Appeal No. 1631 of 2007 With Criminal Appeal No. 1419 of 2007 With Criminal Appeal No. 1226 of 2007 With Criminal Appeal No. 1422 of 2007 With Criminal Appeal No. 1180 of 2007 With Criminal Appeal No. 1225 of 2007 With Criminal Appeal No. 919 of 2008 And Criminal Appeal No. 1393 of 2007
Decided On : 21-03-2013

Headnote:

Constitution Of India,1950 - Article 48 - Criminal Procedure Code,1973 - Section 313 - Explosive Substances Act, 1908 - Section 4(b) - offences punishable – investigation - Bombay Blasts occurred on 12.3.1993, in which 257 persons lost their lives and 713 were injured. In addition thereto, there was loss of property worth several crores. The Bombay police investigated the said matter at the initial stage, but subsequently the investigation of the same was entrusted to the Central Bureau of Investigation (hereinafter referred to as the ‘CBI’), and then upon conclusion of the investigation, a chargesheet was filed against a large number of accused persons. Among the accused persons against whom a chargesheet was filed, 40 accused could not be put to trial as they were absconding. Thus, the Designated Court under TADA framed charges against 138 accused persons. During the trial, 11 accused died and 2 accused turned hostile. Furthermore, the Designated Court discharged 2 accused during trial, and the remaining persons, including the appellant (A-41) stood convicted common charge of conspiracy was framed against all the coconspirators including the appellant. The relevant portion of the said charge is reproduced –Held, Bombay blast. He has further stated that Zakir had given him 4 handgrenades, one pistol and 16 cartridges. He had kept the said weapons with his brother-in-law (sister’s husband), Fazal. He had taken back the pistol from Fazal on 29.3.1993, and had thereafter, sold the same to Ehsan – (A-122) for Rs. 15,000/-, but Ehsan had given him only Rs.5,000/-. Ehsan had also been given the cartridges and had been showed how to use them. After the arrest of the appellant, he had been interrogated on 5.4.1993, and it was in the course of this, that he had expressed his willingness to make a disclosure statement Court building, situated on Cadell Road, Mahim. One police constable had approached him and had asked him to accompany him to the Mahim Police Station, as he had been called by the station incharge. The constable had stated that he could not disclose the reason/purpose for which he had been called there, and had only told him that the Inspector would explain the same to him. His friend Ramesh Govalkar had also accompanied him. They had then gone to the Mahim Police Station with the constable. They had been taken to the Detection Room, and upon reaching the same, he had found therein, 7/8 police constables, alongwith one other person who was sitting on a chair. Two persons had also been standing by his side in civilian clothes magazine had also contained eight cartridges. Thus, in all there were sixteen cartridges. The pistol was black in colour, and its name had been rubbed off. On the cartridges, the digits, “11/83” were inscribed. He has further deposed that A.P.I. Khanvilkar had placed the contraband in a plastic bag, and upon this requisite signatures had been duly taken. When the sealed packet was opened, it was found to contain a 7.62 mm pistol with magazine. It also contained sixteen intact 7.62 bottle necked pistol cartridges, having head stamp markings of, “11/83”. The witness has identified the pistol as being the same one, that had been recovered from his person, through a seizure panchnama, as also the cartridges and his signature appearing on their labels appellant’s (A-122) statement had been recorded in Hindi, and for this purpose, a memorandum panchnama had also been drawn up. He has identified the signatures that had been put on the panchnama by the panchas, and by himself. The appellant (A-122) had also taken them to Mahim Creek to get the recovery effected, and after reaching the Creek, he had gone 3 to 4 feet away from the shore, into the creek water. He had then taken out one plastic bag from the creek water, and had handed over the same to this witness. He had opened the said bag, and found that it contained one foreign made pistol loaded with magazine, containing eight 9 mm rounds in it. The said bag had also contained eight 9 mm loose rounds. He had taken charge of the said articles. All sixteen loose rounds had the digits “11/83” marked on the base of the cap of the said bullets. The said pistol and magazines had then been packed into a white plastic bag, wrapped with brown paper, and tied with a white string and sealed - appeal dismissed