STATE Vs. MOHD. NAUSHAD

JUDGEMENT

(1.) THESE four appeals and one death reference arise out of a common judgment and order of learned Additional Sessions Judge dated 08 -04 -2010, whereby the Appellants viz. Naushad (A -3), Mirza Nissar Hussain @ Naza (A -5), Mohd. Ali Bhatt @ Killey (A -6), Javed Ahmed Khan (A -9) were convicted. A -3 was convicted under section 120 -B, section 411 and section 302/307/436 read with section 120 -B IPC. He was also convicted under Section 5 of the Explosives Substances Act. A -5 and A -6 were convicted under section 120 -B, section 411 and section 302/307/436 read with section 120 -B IPC. A -3, A -5 and A -6 were awarded death as also awarded further sentences under cognate for the lesser offences they were charged with. Javed (A -9) was convicted under section 120 -B and section 302/307/436 read with section 120 -B IPC and was awarded the sentence of imprisonment for life which was directed to run concurrently with sentences for lower offences and fine. All the appellants claimed to be aggrieved and have appealed to the Court against their convictions and sentences; since three of them have been awarded the death sentence, the learned Trial Court has referred the sentence for confirmation in terms of the provisions of Section 368 Cr.P.C.

(2.) BEFORE an elaborate discussion of the evidence and documents presented before the Court, it would be necessary to recapitulate the salient facts. On 21.05.1996, a bomb blast took place in Central Market, Lajpat Nagar at 6.30 PM. This incident resulted in 13 deaths and 38 injuries, besides extensive loss to properties, both moveable and immoveable. PW -21 was the first to inform the Police Station about the incident; he witnessed the incident and reported to the police on the basis of which the FIR was lodged. Soon thereafter, investigation into the incident started. The same evening there were media reports that Jammu Kashmir Islamic Front (JKIF, in short) had claimed responsibility for the horrific event. The police traced the calls received by TV Channels - Zee News etc. The calls had emanated from two different telephone numbers in the Kashmir Valley. The Jammu Kashmir Police was intimated about these facts; and the police were provided with the two telephone numbers apparently used were i.e. 22315 and 33221; the first was registered in the name of A -1s (Farooq Ahmed Khans) father and the second was installed in the house of A -2 (Farida Dar). Those two accused were arrested on 24.05.1996 by the J&K Police. The Delhi Police were intimated about this fact. Consequently, PW -49 Jasbir Malik formally arrested them on 25 -5 -1996 on behalf of the Delhi Police and brought them from Srinagar. The said two accused were produced before the Metropolitan Magistrate, Patiala House on 26 -5 -1996 and their remand was obtained.

(3.) THE prosecution further alleged that on the basis of disclosure statements by said two accused, it obtained information regarding the whereabouts of other two accused i.e. Mirza Nissar Hussain, A -5 (hereafter referred to as ,,Naza) and Mohd. Ali Bhatt, A -6 (hereafter referred to as ,,Killey). The police party apparently went to Gorakhpur on 16.06.1996. Killey and Latif Ahmed (A -7 who was ultimately acquitted by the impugned judgment after the trial) were arrested. It was also alleged that A -3 and A -4 had accompanied the police when the said two accused Killey and Latif were arrested on 16.06.1996. Allegedly, the latter two were identified and pointed out by A -3 and A -4. The police, on the basis of disclosure statement by Latif Ahmed (A -7) recovered a torn half of a two rupee note, which was a key to obtain funds for Naushad (A -3), from a hawala transaction from one Mangal Chand in Delhi. The prosecution alleged that on the basis of further information received on 17.06.1996 the police party went to Mussourie and arrested A -5 Naza.