STATE OF DELHI Vs. MOHD HUSSAIN

JUDGEMENT

(1.) Conviction of one Md. Hussain @ Julfikar Ali @ Abdul Rauf s/o Nazir Ahmed for the offences under Sections 302/307 IPC and Section 3 of the Explosive Substances Act, 1908 vide judgment dated 26 10-04 and imposition of death sentence upon him vide order dated 3-11-2004 passed by the Additional Sessions Judge, Delhi in sessions case no. 122/98 has led to the making of a reference to this court by the trial court for confirmation of the sentence of death and filing of an appeal by the above named convicted accused.

(2.) The case of the prosecution as culled out from the trial court record is as follows: On 30-12-1997 at about 6.20 p.m. one blueline bus no. DL-1P-3088 carrying passengers on its route to Nangloi from Ajmeri Gate stopped at the Ram Pura bus stand on Rohtak Road for passengers to get down. The moment that bus stopped there an explosion took place inside the bus because of which its floor got ripped apart. Four passengers of that bus, namely, Ms. Tapoti, Taj Mohd., Narain Jha and Rajiv Verma died and twenty four passengers including the conductor of that bus were injured due to that explosion. Two policemen (PWs 41 and 52) were on checking duty at that bus stop at the time of blast. On their informing the local police station police team reached the spot. Crime team and bomb disposal squad were also called and the damaged bus was inspected and from the spot debris etc. were lifted and sealed.

(3.) On the basis of the statement of Head Constable Suresh(PW-41), who was one of the two policemen on duty at the bus stop of Rampura, a case under Section 307 IPC and Sections 3,4 and 5 of the Explosive Substances Act was registered at Punjabi Bagh police station. Investigation commenced immediately. With the death of some of the injured persons on the day of the incident itself Section 302 IPC was also added. Hunt for the culprits responsible for that macabre incident also started. However, for over two months nobody could be nabbed.