The State of Maharashtra v. Mohammed Ajmal Mohammad Amir Kasab @ Abu Mujahid.

1208 Pages·2011·2.82 MB·Somali

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CONFIRMATION CASE NO.2 OF 2010
IN
SESSIONS CASE NO.175 OF 2009
The State of Maharashtra. ... Complainant
Versus
Mohammed Ajmal Mohammad
Amir Kasab @ Abu Mujahid. ... Respondent
(Orig. Accused No.1)
Mr. Ujjwal Nikam, Special Public Prosecutor with Mr.
Shahajirao Shinde, Additional Public Prosecutor for the
Complainant-State.
Mr. Amin Solkar with Ms. Farhana Shah, appointed
advocates for the respondent-accused.
ALONG WITH
CRIMINAL APPEAL NO.738 OF 2010
IN
SESSIONS CASE NO.175 OF 2009
Mohammed Ajmal Mohammad )
Amir Kasab @ Abu Mujahid, aged )
22 years, Residing at Village )
Faridkot, Taluka : Dipalpur, )
District : Okara, Punjab, Pakistan )
(presently lodged at Arthur Road )
Central Prison, Mumbai). ) ... Appellant
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Versus
The State of Maharashtra. ... Respondent
Mr. Amin Solkar with Ms. Farhana Shah, appointed
advocates for the appellant-accused.
Mr. Ujjwal Nikam, Special Public Prosecutor with Mr.
Shahajirao Shinde, Additional Public Prosecutor for the
respondent-State.
ALONG WITH
CRIMINAL APPEAL NO.606 OF 2010
IN
SESSIONS CASE NO.175 OF 2009
The State of Maharashtra
(through Crime Branch Unit-I,
DCB, CID, Mumbai. ... Appellant
Versus
1. Fahim Harshad Mohammad )
Yusuf Ansari @ Abu Jarar @ )
Sakib @ Sahil Pawarkar @ )
Samir Sheikh @ Ahmed )
Hasan, R/o. Room No.2409, )
Chawl No.303, Motilal Nagar )
No.2, M.G. Road, Goregaon )
(West), Mumbai (At present )
lodged in Bareli Central )
Prison, U.P.). )
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2. Sabauddin Ahamed Shabbir )
Ahmed Sheikh @ Saba @ )
Farhan @ Mubbashir @ Babar )
@ Sameer Singh @ Sanjiv @ )
Abu-Al-Kasim @ Iftikhar @ )
Murshad @ Mohammad )
Shafiq @ Ajmal Ali, R/o. At )
Post : Gandwar (Sakri Police )
Station), Via Pandol, District )
Madhubani, Bihar State (at )
present lodged in Lucknow )
Central Prison, U.P.). ) ... Respondents
Mr. Ujjwal Nikam, Special Public Prosecutor with Mr.
Shahajirao Shinde, Additional Public Prosecutor for the
appellant-State.
Mr. R.B. Mokashi for respondent 1.
Mr. Syed Ejaz Abbas Naqvi with Mr. I.B. Dixit for
respondent 2.
CORAM: MRS. RANJANA DESAI &
RANJIT MORE, JJ.
DATE ON WHICH THE JUDGMENT IS
RESERVED : 7TH FEBRUARY, 2011.
DATE ON WHICH THE ORDER IS
PRONOUNCED: 21ST FEBRUARY, 2011.
JUDGMENT :- (Per Smt. Ranjana Desai, J.)
1. Accused 1 - Mohammed Ajmal Mohammad Amir
Kasab @ Abu Mujahid (for convenience, “A1-Kasab”) was
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tried along with two others viz. Fahim Harshad
Mohammad Yusuf Ansari @ Abu Jarar @ Sakib @ Sahil
Pawarkar @ Samir Sheikh @ Ahmed Hasan (since
acquitted) (for convenience, “A2-Ansari”) and Sabauddin
Ahamed Shabbir Ahmed Sheikh @ Saba @ Farhan @
Mubbashir @ Babar @ Sameer Singh @ Sanjiv @ Abu-Al-
Kasim @ Iftikhar @ Murshad @ Mohammad Shafiq @
Ajmal Ali (since acquitted) (for convenience, “A3-
Shaikh”) in Sessions Case No.175 of 2009 by the Court of
Sessions for Greater Mumbai for offences punishable
under Sections 120-B, 121 r/w 120-B r/w 109, 121-A, 122
r/w 120-B r/w 109, 302 r/w 120-B r/w 109, 307 r/w 120-B
r/w 109, 333 r/w 120-B r/w 109, 342 r/w 120-B r/w 109,
343 r/w 120-B r/w 109, 364 r/w 120-B r/w 109, 465 r/w
120-B r/w 109, 468 r/w 120-B r/w 109, 419 r/w 120-B r/w
109 of Indian Penal Code (for short, “IPC”), under
Sections 25(1B)(a) of Arms Act r/w 120-B r/w 109 of the
IPC 25(1A) of Arms Act r/w 120-B r/w 109 of IPC, 25(2)(3)
of Arms Act r/w 120-B r/w 109 of IPC, 27 of Arms Act r/w
120-B r/w 109 of IPC, under Sections 10, 13, 16, 18 and 23
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of the Unlawful Activities (Prevention) Act, 1967, under
Sections 9-B(1)(a)(b) of Explosives Act r/w 120-B r/w 109
of IPC, under Sections 3 of the Explosives Substances Act
r/w 120-B r/w 109 of IPC, under Sections 4(a) of Explosives
Substances Act r/w 120-B r/w 109 of IPC, under Sections
3(3) of Passport (Entry into India) Act, 1920 r/w 120-B r/w
109 of IPC, under Sections 3 and 4 of the Prevention of
Damage to Public Property Act, 1984 r/w 120-B r/w 109 of
IPC, under Sections 151, 152 and 153 of the Railways Act
r/w 120-B r/w 109 of IPC, under Section 135 of the
Customs Act r/w 120-B r/w 109 of IPC, under Section 14 of
Foreigners Act r/w 120-B r/w 109 of IPC.
2. In addition to that, A1-Kasab was also charged for the
offences punishable under Sections 302 r/w 34, 307 r/w
34, 333 r/w 34, 342 r/w 34, 343 r/w 34, 364 r/w 34, 465
r/w 34, 468 r/w 34, 419 r/w 34 of IPC under Sections
25(1B)(a) of Arms Act r/w 34 of IPC, under Section 25(1A)
of the Arms Act r/w 34 of IPC, under Section 25(2)(3) of
Arms Act r/w 34 of IPC, under Section 27 of Arms Act r/w
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34 of IPC, under Section 9-B(1)(a)(b) of Explosives Act r/w
34 of IPC, under Section 3 of Explosives Substances Act
r/w 34 of IPC, under Section 4(a) of Explosives Substances
Act r/w 34 of IPC, under Section 3(3) of Passport (Entry
into India) Act, 1920 r/w 34 of IPC, under Sections 3 and 4
of Prevention of Damage to Public Property Act, 1984 r/w
34 of IPC, under Sections 151, 152 and 153 of the Railway
Act r/w 34 of IPC, under Section 135 of Customs Act r/w 34
of IPC, under Section 14 of Foreigners Act r/w 34 of IPC.
3. Further A1-Kasab was also charged independently for
the offences punishable under Sections 302, 307, 333,
342, 343, 364, 465, 468, 419 and 397 of the IPC, under
Sections 25(1B)(a), 25(1A), 25(2)(3), 27 of Arms Act,
under Section 9-B(1)(a)(b) of Explosives Act, under
Section 3 and 4(a) of Explosives Substances Act, under
Section 3(3) of the Passport (Entry into India) Act, 1920,
under Sections 3 and 4 of Prevention of Damage to Public
Property Act, 1984, under Sections 151, 152 and 153 of
the Railway Act, under Section 135 of the Customs Act,
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under Section 14 of the Foreigners Act.
4. A2-Ansari was also independently charged for the
offences punishable under Sections 465 and 471 of the
IPC.

5. For trying the accused under Sections 121, 121A and
122 of the IPC, for offences under the Unlawful Activities
(Prevention) Act, 1967, for offences under the Customs
Act and for offences under the Arms Act, sanctions were
required under Sections 188 and 196 of the Code of
Criminal Procedure, 1973 (for short, “the Code”) under
Section 39 of the Arms Act, under Section 45 of the
Unlawful Activities (Prevention) Act, 1967 and under
Section 135 of the Customs Act respectively. Consent of
the District Magistrate for trying the accused for offences
under the Explosive Substances Act, 1908 was necessary.
Learned Sessions Judge has returned a finding that the
necessary sanctions were taken. There is no challenge to
this finding before us, hence it is not necessary for us to
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go into that aspect. In any case, we have perused the
relevant evidence and, we are of the opinion that the said
finding is correct.
6. By the impugned judgment and order dated
6/5/2010, A2-Ansari and A-3 Shaikh have been acquitted
of all the charges and A-1 Kasab is convicted of the
offence punishable under Section 120-B r/w Section 302 of
the IPC and is sentenced to death and is further
sentenced to pay a fine of Rs.10,000/- (Rupees Ten
Thousand only) in default to suffer simple imprisonment
for one month. He is further convicted of the offence
punishable under Section 121 of the IPC and is sentenced
to death and is further sentenced to pay a fine of Rs.
10,000/- (Rupees Ten Thousand only) in default to suffer
simple imprisonment for one month. He is also convicted
of the offence punishable under Section 16 of the
Unlawful Activities (Prevention) Act, 1967 and is
sentenced to death and is further sentenced to pay a fine
of Rs.10,000/- (Rupees Ten Thousand only) in default to
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suffer simple imprisonment for one month. He is further
convicted of the offence punishable under Section 302 of
the IPC for having committed murder of - (1) Amarchand
Naran Solanki (deceased at Sr.No.129), (2) Sitaram
Mallapa Sakhare (deceased at Sr.No.83), (3) Rahamuttal
Ibrahim (deceased at Sr.No.84), (4) Vinod Madanlal Gupta
(deceased at Sr.No.86), (5) Ambadas Ramchandra Pawar
(deceased at Sr.No.93), (6) Abbas Rajjab Ansari (deceased
at Sr.No.112), (7) Tukaram Ombale (deceased at Sr.No.
130) and is sentenced to death and is further sentenced
to pay a fine of Rs.10,000/- (Rupees Ten Thousand only) in
default to suffer simple imprisonment for one month. He
is further convicted of the offence punishable under
Section 302 r/w Section 34 of the IPC and under Section
302 r/w Sections 109 and 120-B of the IPC and is
sentenced to death and is further sentenced to pay a fine
of Rs.10,000/- (Rupees Ten Thousand only) in default to
suffer simple imprisonment for one month. He is
convicted of the offence punishable under Section 307 r/w
Section 34 of the IPC and under Section 307 r/w Section
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109 r/w Section 120-B of the IPC and sentenced to suffer
imprisonment for life and to pay a fine of Rs.10,000/-
(Rupees Ten Thousand only) in default to suffer simple
imprisonment for one month. He is further convicted of
the offence punishable under Section 392 r/w Section 34
of the IPC and is sentenced to suffer rigorous
imprisonment for a term of 5 (five) years and to pay a fine
of Rs.5000/- (Rupees Five Thousand only) in default to
suffer simple imprisonment for 15 days. He is also
convicted of the offence punishable under Section 397 of
the IPC and is sentenced to rigorous imprisonment for a
term of 7 (seven) years and is sentenced to pay a fine of
Rs.5000/- (Rupees Five Thousand only) in default to suffer
simple imprisonment for 15 days. He is convicted of the
offence punishable under Section 364 of the IPC and is
sentenced to suffer imprisonment for life and to pay a fine
of Rs.5000/- (Rupees Five Thousand only) in default to
suffer simple imprisonment for 15 days. He is also
convicted for the offence punishable under Section 333
r/w Section 34 of the IPC and under Section 333 r/w