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The Constitution Of India 1949
Arms Act
Article 101 in The Constitution Of India 1949
Article 10 in The Constitution Of India 1949
The Code Of Criminal Procedure, 1973

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Bombay High Court
Mohammed Ajmal Mohammad vs The State Of Maharashtra on 21 February, 2011
Bench: Ranjana Desai, R. V. More
    AJN                                             CONF2.10-Kasab
                                1

          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




                                               ::: Downloaded on - 09/06/2013 16:52:26 :::
     AJN                                          CONF2.10-Kasab
                                2




                                                                    
             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.).                )




                                            ::: Downloaded on - 09/06/2013 16:52:27 :::
     AJN                                                 CONF2.10-Kasab
                                  3




                                                                           
    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 ::: Downloaded on - 09/06/2013 16:52:28 ::: AJN CONF2.10-Kasab 4 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 ::: Downloaded on - 09/06/2013 16:52:28 ::: AJN CONF2.10-Kasab 5 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 ::: Downloaded on - 09/06/2013 16:52:28 ::: AJN CONF2.10-Kasab 6 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, ::: Downloaded on - 09/06/2013 16:52:29 ::: AJN CONF2.10-Kasab 7 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 ::: Downloaded on - 09/06/2013 16:52:29 ::: AJN CONF2.10-Kasab 8 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 ::: Downloaded on - 09/06/2013 16:52:29 ::: AJN CONF2.10-Kasab 9 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 ::: Downloaded on - 09/06/2013 16:52:30 ::: AJN CONF2.10-Kasab 10 109 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 ::: Downloaded on - 09/06/2013 16:52:30 ::: AJN CONF2.10-Kasab 11 Section 109 r/w Section 120-B of the IPC and is sentenced to suffer rigorous imprisonment for 5 (five) years and to pay a fine of Rs.1000/- (Rupees One Thousand only) in default to suffer simple imprisonment for 15 days. He is also convicted for the offence punishable under Section 332 r/w Section 34 of the IPC and under Section 332 r/w Section 109 r/w Section 120-B of the IPC and is sentenced to suffer rigorous imprisonment for 2 (two) years and to pay a fine of Rs.1,000/- (Rupees One Thousand only) in default to suffer simple imprisonment for 15 days. He is further convicted of the offence punishable under Section 121-A of the IPC and is 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 122 of the IPC and is 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 25(1B) ::: Downloaded on - 09/06/2013 16:52:31 ::: AJN CONF2.10-Kasab 12

(a) of the Arms Act and is sentenced to suffer rigorous imprisonment for one year and to pay a fine of Rs.500/-

(Rupees Five Hundred only) in default to suffer simple imprisonment for one week. He is further convicted of the offence punishable under Section 25(1A) of the Arms Act and is sentenced to suffer rigorous imprisonment for 5 (five) years and to pay a fine of Rs.1,000/- (Rupees One Thousand only) in default to suffer simple imprisonment for two weeks. He is further convicted of the offence punishable under Section 27 of the Arms Act and is sentenced to suffer rigorous imprisonment for 7 (seven) years and to pay a fine of Rs.1,000/- (Rupees One Thousand only) in default to suffer simple imprisonment for one week. He is further convicted of the offence punishable under Section 9-B(1)(a)(b) of the Explosives Act and is sentenced to suffer rigorous imprisonment for a period of six months and to pay a fine of Rs.500/- (Rupees Five Hundred only) in default to suffer simple imprisonment for one week. He is further convicted of the offence punishable under Section 3(b) of the Explosive ::: Downloaded on - 09/06/2013 16:52:31 ::: AJN CONF2.10-Kasab 13 Substance Act, 1908 and is sentenced to suffer rigorous 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 151 of the Railways Act and is sentenced to suffer rigorous imprisonment for one year and to pay a fine of Rs.1000/- (Rupees One Thousand only) in default to suffer simple imprisonment for 15 days. He is further convicted of the offence punishable under Section 153 of the Railways Act and is sentenced to suffer rigorous imprisonment for one year.

He is further convicted of the offence punishable under Section 3(3) of the Passport (Entry into India) Act, 1920 and is sentenced to suffer rigorous imprisonment for one month and to pay a fine of Rs.100/- (Rupees One Hundred only) in default to suffer simple imprisonment for 7 (seven) days. He is also convicted of the offence punishable under Section 135(1)(a) of the Customs Act and is sentenced to suffer rigorous imprisonment for a term of 7 (seven) years and to pay a fine of Rs.10,000/-

::: Downloaded on - 09/06/2013 16:52:31 :::

AJN CONF2.10-Kasab 14 (Rupees Ten Thousand only) in default to suffer simple imprisonment for one month. He is also convicted of the offences punishable under Section 342 r/w Section 34 of the IPC and under Section 342 r/w Section 109 r/w Section 120-B of the IPC and is sentenced to suffer rigorous imprisonment for six months and to pay a fine of Rs.100/-

(Rupees One Hundred only) in default to suffer simple imprisonment for 7 (seven) days. He is also convicted of the offence punishable under Section 343 r/w Section 34 of the IPC and under Section 343 r/w Section 109 r/w Section 120-B of the IPC and is sentenced to suffer rigorous imprisonment for one year and to pay a fine of Rs.200/- (Rupees Two Hundred only) in default to suffer simple imprisonment for 15 days. He is also convicted of the offence punishable under Section 436 of the IPC and is sentenced to suffer rigorous imprisonment for a period of 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 3 of the Prevention of Damage ::: Downloaded on - 09/06/2013 16:52:32 ::: AJN CONF2.10-Kasab 15 to Public Property Act and is sentenced to suffer rigorous imprisonment for one year and 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 4 of the Prevention of Damage to Public Property Act and is sentenced to suffer rigorous imprisonment for two years and 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 13 of the Unlawful Activities (Prevention) Act, 1967 and is sentenced to suffer rigorous imprisonment for 5 (five) years and 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 18 of the Unlawful Activities (Prevention) Act, 1967 and is sentenced to suffer rigorous imprisonment for 5 (five) years and 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 ::: Downloaded on - 09/06/2013 16:52:33 ::: AJN CONF2.10-Kasab 16 of the offence punishable under Section 20 of the Unlawful Activities (Prevention) Act, 1967 and is sentenced to suffer rigorous imprisonment for 5 (five) years and 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 14 of the Foreigners Act and is sentenced to suffer rigorous imprisonment for one year and to pay a fine of Rs.500/- (Rupees Five Hundred only) in default to suffer simple imprisonment for one week. No separate sentence is imposed for the conspiracy to commit other offences which are minor in nature as the sentence of death has already been awarded to the accused for the offence punishable under Section 120-

B r/w Section 302 of the IPC. Similarly, offences committed in furtherance of common intention and similar offences abetted by A1-Kasab have been made punishable with one and the same punishment and no separate sentence is awarded for the same offence covered by Sections 34 and 109 r/w Section 120-B of the ::: Downloaded on - 09/06/2013 16:52:33 ::: AJN CONF2.10-Kasab 17 IPC.

7. As required by Section 366 of the Code, the present Reference has been submitted to this court by the Court of Sessions for Greater Mumbai.

8. A1-Kasab has preferred Criminal Appeal No.738 of 2010 which has been admitted by this court. Being aggrieved by the judgment and order of acquittal of A2-

Ansari and A3-Shaikh, the State of Maharashtra has preferred Appeal No.606 of 2010, which has also been admitted by this court. Some arguments were advanced on the question as to whether we should hear the confirmation case first or we should hear the appeal filed by A1-Kasab first. Mr. Nikam, learned Special Public Prosecutor submitted that the appeal filed by A1-Kasab should be heard first. Mr. Solkar, learned appointed advocate for A1-Kasab submitted that the confirmation case should be heard first and the appeal may be heard thereafter. Since A1-Kasab wanted the confirmation case ::: Downloaded on - 09/06/2013 16:52:33 ::: AJN CONF2.10-Kasab 18 to be heard first and also in view of the judgment in Emperor v. Narayan Ramchandra Jarag (1948) 50 Bom.L.R. 151, by a reasoned order dated 7/10/2010, we took a decision to hear the confirmation case first. That order is not challenged. Since the confirmation case and appeal filed by the State of Maharashtra and the appeal filed by A1-Kasab arise out of the same facts and circumstances and arise out of the same Sessions Case, they are being disposed of by this common judgment and order.

9. It must be stated here that so far as order passed by learned Sessions Judge acquitting A2-Ansari and A3-

Shaikh is concerned, it is not possible for us to disturb it because the view taken by learned Sessions Judge is a reasonably possible view. In our opinion, it cannot be called perverse. We shall give our reasons for this finding at the appropriate stage when we deal with the appeal filed by the State. We shall first deal with the confirmation case and the appeal filed by A1-Kasab and ::: Downloaded on - 09/06/2013 16:52:34 ::: AJN CONF2.10-Kasab 19 then go to the State appeal. As per the prosecution case, A1-Kasab and deceased A1-Abu Ismail had actually participated in the crime committed at various places.

A1-Kasab being the only surviver, he is tried by learned Sessions Judge. This being a case of conspiracy, learned Sessions Judge had to also examine the involvement of deceased accused and he has given findings only as regards their involvement. So far as the wanted accused are concerned, they obviously cannot be tried for any offence in their absence. Again being a case of conspiracy, learned Sessions Judge had to consider their involvement while considering A1-Kasab's involvement.

He has, therefore, considered their involvement. We find this course to be perfectly legal and valid.

10. Before we begin with the facts, we must note that A1-Kasab conveyed to us through his counsel Mr. Solkar that he wants to remain present in this court during the hearing of the confirmation case. An application was filed to that effect. The State filed its reply. By a detailed ::: Downloaded on - 09/06/2013 16:52:34 ::: AJN CONF2.10-Kasab 20 order dated 20/9/2010, considering the threat perception expressed by the police we rejected that prayer. Relying on the judgments of the Supreme Court in State of Maharashtra v. Dr. Praful B. Desai, (2003) 4 SCC 601 and Kalyan Chandra Sarkar v. Rajesh Ranjan alias Pappu Yadav & Anr., (2005) 3 SCC 284, we directed the State to make arrangement for Video Conferencing so that A1-Kasab can see the court proceedings and can hear the arguments. Accordingly, arrangement has been made. A1-Kasab has intermittently availed of the Video Conferencing facility.

11. This confirmation case relates to the horrific terrorist attack made on important locations like Hotel Taj, Hotel Oberoi, Chatrapati Shivaji Terminus (for short, "CST") which are the pride of Mumbai, on the night of 26/11/2008. The terrorist attack continued upto early hours of 29/11/2008. In this terrorist attack, 166 persons died and 238 persons were injured. There was colossal property loss to the tune of about Rs.155,56,77,105/-.

::: Downloaded on - 09/06/2013 16:52:35 :::
     AJN                                             CONF2.10-Kasab
                                  21

    The   prosecution      case    is   that   this      attack          was




                                                                       

masterminded by Pakistan based terrorist organization viz. Laskhar-e-Taiba (for short, "LeT"), which is now known as Markaz-ud-Dawa-wal-Irshad. LeT has its training camps in Pakistan Occupied Kashmir (for short, "PoK").

12. In this terrorist attack, A1-Kasab, A2-Ansari and A3-Shaikh, nine deceased accused and 35 wanted accused were involved. The names of the nine deceased accused are as under :

1. Ismail Khan @ Abu Ismail.
                      Resident of Dera Ismail           Khan,
                      Punjab, Pakistan.

               2.     Imran Babar @ Abu Aakasha.





                      Resident   of  Multan,   Punjab,
                      Pakistan.

               3.     Nasir @ Abu Umar.





Resident of Faislabad, Pakistan.
4. Nazir @ Abu Umer.
Resident of Faislabad, Pakistan.
5. Hafiz Arshad @ Abdul Rehaman Bada @ Hayaji.
Resident of Multan Road, Punjab, Pakistan.
::: Downloaded on - 09/06/2013 16:52:35 :::
AJN CONF2.10-Kasab 22
6. Abadul Reheman Chhota @ Saakib.
Resident of Arafwala, Multan Road, Punjab, Pakistan.
7. Fahad Ullah.
                   Resident     of Ujarashamnkam,
                   Dipalpur, Harun Shaikh, Kasoor




                                          
                   Road, Pakistan.

              8.   Javed @ Abu Ali.
Resident of District Okara, Punjab, Pakistan.
9. Shoaib @ Abu Soheb.
Resident of Naroral, Shakkar Road, Siakot, Punjab, Pakistan.

They shall be referred to as "deceased A1" to "deceased A9" respectively.

13. Names of 35 wanted accused are as under :

1. Hafeez Mohammad Saeed @ Hafiz @ Hafiz Saab
2. Zaki-Ur-Rehaman Lakhvi
3. Abu Hamza
4. Abu Al Kama @ Amjid
5. Abu Kaahfa
6. Mujja Mil @ Yusuf ::: Downloaded on - 09/06/2013 16:52:36 ::: AJN CONF2.10-Kasab 23
7. Zarar Shah
8. Abu Fahad Ullah
9. Abu Abdul Rehman
10. Abu Anas
11. Abu Bashir
12. Abu Imran
13. Abu Mufti Saeed
14. Hakim Saab
15. Yusuf
16. Mursheed
17. Aakib
18. Abu Umar Saeed
19. Usman
20. Major General Saheb - (Name not known)
21. Kharaksing
22. Mohammad Ishfak
23. Javid Iqbal
24. Sajid Iftikhar
25. Col. R. Sadat Ullah ::: Downloaded on - 09/06/2013 16:52:36 ::: AJN CONF2.10-Kasab 24
26. Khurram Shahdad
27. Abu Abdur Rehaman
28. Abu Mavia
29. Abu Anis
30. Abu Bashir
31. Abu Hanjla Pathan
32. Abu Saria
33. Abu Saif-Ur-Rehman
34. Abu Imran
35. Hakim Saheb.

They shall be referred to as "wanted A1" to "wanted A35" respectively.

14. The gist of the prosecution story as evident from the direct and circumstantial evidence adduced by the prosecution and by the confessional statement of A1-

Kasab recorded under Section 164 of the Code which according to the prosecution is broadly corroborated by the other evidence and events on record, is as under.

::: Downloaded on - 09/06/2013 16:52:37 :::
     AJN                                            CONF2.10-Kasab
                                  25




                                                                      
    15. A1-Kasab is a Pakistani national.           A2-Ansari is a




                                              

permanent resident of Goregaon, Mumbai and A3-Shaikh is a permanent resident of Bihar. According to the prosecution a conspiracy was hatched within Pakistan and India by the 35 wanted accused, 9 deceased accused and arrested accused A1-Kasab, A2-Ansari and A3-Shaikh during the period between December, 2007 and November, 2008 to wage war against the Government of India to allegedly liberate Kashmir and to that end to commit various offences punishable under the IPC and other enactments. The accused collected arms and ammunition within and outside India to achieve the object of the conspiracy. They conspired to overawe by means of criminal force and by show of criminal force, the Central Government and the Government of Maharashtra.

16. A1-Kasab and 9 deceased accused were trained by the wanted accused at Muridake and Manshera in PoK.

::: Downloaded on - 09/06/2013 16:52:37 :::

AJN CONF2.10-Kasab 26 A2-Ansari and A3-Shaikh did not take part in actual training but their role was to assist the other accused by providing them with sketch maps of various places of Mumbai. A2-Ansari had prepared sketch maps of various locations of Mumbai and he had travelled to Nepal from Mumbai to handover the said sketch maps to A3-Shaikh.

A3-Shaikh had delivered the said maps to the perpetrators of the crime in Pakistan. The attack on India was led by wanted A1-Hafeez Mohammad Saeed acting as Major of LeT. Wanted A2-Zaki-Ur-Rehaman Lakhvi, a senior leader of LeT has also acted as a key figure in this attack.

17. We have already referred to the confessional statement of A1-Kasab. We shall deal with all legal submissions advanced in respect of the said statement at the appropriate stage. We shall narrate the relevant portion thereof after we deal with every incident. For the present, we may only state that the following part of the prosecution story is drawn from the confessional statement of A1-Kasab which according to the prosecution ::: Downloaded on - 09/06/2013 16:52:37 ::: AJN CONF2.10-Kasab 27 is the catalogue of events and naturally fits in with the rest of the evidence and surrounding circumstances.

A1-Kasab hails from Village Faridcot, Zilla Okara, District Punjab, Pakistan. He has studied upto 4th standard in Urdu Medium School in Pakistan. In 2000, he left the school and went to Lahore with his father to find a job. A1-Kasab was staying in Lahore with his father. He was doing labour work. Due to some quarrel between him and his father over money, he started staying independently. A1-Kasab came in contact with one Shafiq. They started working with Welcome Tent Service.

There, A1-Kasab came in contact with Mujjafar Lal Khan.

A1-Kasab and Mujjafar Lal Khan left Lahore for Rawalpindi in 2007 for a better job. They started staying at Bangash colony. They were impressed by persons belonging to LeT because they appeared to be fighting for so called liberation of Kashmir in the name of Jamat-Ul-Dawa. A1-

Kasab and Mujjafar Lal Khan attended camps organized by persons belonging to Jamat-Ul-Dawa, who were associated with LeT. They attended the camps and ::: Downloaded on - 09/06/2013 16:52:38 ::: AJN CONF2.10-Kasab 28 decided to take training for Jihad. In December, 2007, they went to the office of LeT at Raza Bazar, Rawalpindi for that purpose. They were asked to go to Daura-e-Sufa, Markaz Taiba Muridake. Accordingly, they reached the camp of LeT. Wanted A8-Fahad Ullah gave them entry at Daura-e-Sufa. Wanted A8-Fahad Ullah and wanted A13-

Abu Mufti Saeed trained them for 21 days. Wanted A1, A2, A3, A4, A6 and A18 were introduced to A1-Kasab and other trainees. Wanted A1-Hafeez and wanted A2-Zaki-

Ur-Rehaman told them that it was time for Jihad and Kashmir could be acquired only after waging war against India. Wanted A4-Abu Al Kama told the trainees that big cities of India were to be targeted. By such attacks, India could be weakened from inside and that, one who dies in Jihad would get place in heaven. Due to such indoctrination, the trainees were prepared to attack India.

In February, 2008, they were chosen for Daura-e-Aam training. Wanted A8-Abu Fahad Ullah gave them a note and sent them to Mansera Markaz Aksa. From there, they were sent to Battal village. Thereafter, the trainees were ::: Downloaded on - 09/06/2013 16:52:38 ::: AJN CONF2.10-Kasab 29 given further rigorous training for 21 days at Battal which included use of arms and ammunition, training in folding and unfolding weapons, etc. After this training, the trainees were permitted to go home or serve the other trainees. A1-Kasab did not go home but chose to serve the other trainees. The other trainees were trained by wanted A9, A10, A11 and A15. After that training, A1-

Kasab and others were told to go to the office of LeT in Model Town at Okara for Daura-e-Khas. Accordingly, they went to LeT office at Model Town. From Model Town, they got the address of LeT office of Mujjafarabad. They went to the office of LeT camp at Mujjafarabad.

Mujjafarabad is in PoK. They went to that camp. They were further trained at Maskar Aksa, Mujjafarabad in PoK for 60 days. Wanted A28 was the trainer during this period. They were trained in using arms and ammunition like AK-47, use of launchers, satellite phones, hand grenades, map reading (G.P.S.), etc. Wanted A31 also trained them. During this training, one stranger, wanted A20-Major General came there. Wanted A5-Abu Kaahfa ::: Downloaded on - 09/06/2013 16:52:38 ::: AJN CONF2.10-Kasab 30 told them that he was Major General and the trainers were his people. Major General's name was not told to them. Wanted A20-Major General talked to them. He enquired about their training. After this training, wanted A28-Abu Mavia gave A1-Kasab money, asked him to go home and on his way back, go to the office at Baitul. A1-

Kasab accordingly went home and on his return journey went to Baitul. From there, A1-Kasab was then taken to selection point by wanted A28. About 20 to 22 trainees were present at the selection point. A CD was shown to the trainees as to how a Fidaeen attack was carried out in Kashmir. Wanted A4 addressed the trainees about how Fidaeen attacks are carried out successfully in Kashmir.

18. Wanted A1 selected 15 persons including A1-Kasab for Fidaeen attacks. They were given different names.

A1-Kasab was named Abu Mujahid. The said 15 persons were sent for training known as Daura-e-Ribat. This training was inter alia for intelligence collection, harbouring knowledge of targets, keeping watch on ::: Downloaded on - 09/06/2013 16:52:39 ::: AJN CONF2.10-Kasab 31 targets and escaping in case of target attacks. They were also trained to misguide people by giving false identity.

Wanted A18 was supervising the training. The training was given by wanted A5 and wanted A34. During this training, wanted A20-Major General came there twice. He directed that they should be given marine training. This training got over in August, 2008. In September, 2008, Ramzan month started. They were then taken to Karachi by wanted A5 and marine training was given to them by wanted A35 for 3 days. They were trained to read maps, use G.P.S. to ascertain routes in the sea, etc.

19. On the 13th day of Ramzan, wanted A1 Hafeez Mohammad Saeed and wanted A2-Zaki-Ur-Rehman Lakhvi and other wanted accused called the trainees to their office at Baitul Mujahid. Thereafter, they were taken back to Baitul. Some of them were sent to Kashmir for terrorist attack and three more persons were admitted in their group. They are deceased A1-Abu Ismail, A7-Abu Fahadulla, A8-Abu-Ali. The trainees were told that time for ::: Downloaded on - 09/06/2013 16:52:39 ::: AJN CONF2.10-Kasab 32 Jihad had come. The financial strength of India depends on the income of commercial capital Mumbai and, therefore, it was necessary to attack Mumbai and they had to reach Mumbai by sea. At that time, wanted A20-

Major General came there. He asked them to give a demonstration of firing. He appreciated the firing of A1-

Kasab and, he went away. Thereafter, they were introduced to wanted A7-Zarar Shah, a computer expert, who trained them to misguide people by showing a phone call made from Pakistan as a call made from some other country. They were told that wanted A7 had installed a hi-tech media room where maps, CDs and other information of other countries is collected and kept. He selects targets from them and informs wanted A2.

20. Thereafter, wanted A1-Hafeez Saeed and wanted A2-

Zaki-Ur-Rehaman made five pairs of the 10 trainees. At that time, wanted A2-Zaki-Ul-Rehman told them that on Friday, the 27th, they have to launch a terror attack on Mumbai. Wanted A1-Hafeez Saeed told them that one ::: Downloaded on - 09/06/2013 16:52:40 ::: AJN CONF2.10-Kasab 33 Indian boat needs to be hijacked to go to Mumbai from Karachi. He told them that they have to attack people at CST, Malabar Hill, Hotel Taj, Hotel Leopold and Nariman House where Israeli people live. American, British and Israeli people have to be selected and killed because they have inflicted miseries on them. They were asked to explode RDX bombs near targets so that police who come to help and other people will be killed due to traffic jam.

They were asked to launch the attack at 7.30 p.m. because at that time there will be huge crowd. The trainees were told that they would be given identity cards bearing Hindu names and they had to tie a thread on their wrists which is normally tied by Hindus in India.

21. It was decided that A1-Kasab and deceased A1-Abu Ismail would carry out attack at CST and Malabar Hill, deceased A5-Hafiz Arshad @ Abdul Rehman Bada @ Hayaji and deceased A8-Javed @ Abu Ali would attack Taj Hotel, deceased A7-Fahad Ullah and deceased A6-Abdul Rehman Chhota @ Saakib would attack Hotel Oberoi and ::: Downloaded on - 09/06/2013 16:52:40 ::: AJN CONF2.10-Kasab 34 deceased A2-Imran Babar @ Abu Akasha and deceased A3-Nasir @ Abu Umar would attack Nariman House. It was also decided that deceased A9-Shoaib @ Abu Sohib and deceased A4-Nazir @ Abu Umer would after firing at Hotel Leopold join deceased A5-Hafiz Arshad and deceased A8-Javed @ Abu Ali at Hotel Taj. It was further decided that A1-Kasab would plant a bomb in a taxi which he would be hiring to reach CST Station and deceased A4-

Nazir @ Abu Umer would plant a bomb in a taxi which he would be hiring for going to Hotel Leopold. The other trainees were also directed to plant bombs near the proposed places of attack. The strategy was that the attackers of Nariman House and Taj Hotel would keep some persons as hostages and speak to media. They would disclose their identity as Indian Muslims and throw challenge to the Indian Government for liberating Muslims. Thereafter, preparation was made for the proposed attack on Mumbai. They were shown maps of various places of Mumbai like CST and Malabar Hill.

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     AJN                                          CONF2.10-Kasab
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    22. Maps    drawn   by A2-Ansari     were      shown        to the




                                                                    

trainees. On 15th day of Ramzan, they were given practice of firing from AK-47 rifles. They were trained to prepare tiffin bombs of RDX and to install timers in these bombs.

On the next day, they were directed to remove their mustache and beard. Their photographs were taken for identity cards. On the 17th day of Ramzan, they were taken to the same house at Karachi where they were staying. On the 18th day of Ramzan, all the trainees were directed to put their names on the labels affixed to the timers of bombs and they were kept by wanted A5-Abu Kaafa in his custody. The identity cards bore their photographs, Hindu names and fake particulars. They were trained to inflate inflatable boat and to remove it's valve. They were also trained as to how bomb could be placed below driver's seat in a running car.

23. On 21/11/2008, all of them came to a house near a creek. Wanted A2, A3, A7 and A5, deceased A3 and A4 were there. Wanted A2 declared deceased A1-Abu Ismail ::: Downloaded on - 09/06/2013 16:52:41 ::: AJN CONF2.10-Kasab 36 as the leader of this mission. Wanted A3 handed over arms and ammunition which were kept in the boxes to deceased A1-Abu Ismail. Wanted A3 gave money to each pair. Wanted A7 gave each one of them one mobile.

Wanted A7 told them that in order to misguide Indian people, Indian Sim cards have been put in the mobiles and they should be activated when they reach Mumbai.

They were told by wanted A2 that their numbers (handlers numbers) were fed in the said mobiles on which they (handlers) could be contacted by pressing the green button. He gave one number to deceased A1-Abu Ismail which he noted in his diary. A1-Abu Ismail noted particulars about areas of Mumbai in the diary. Wanted A2 gave one satellite phone to deceased A1-Abu Ismail and he went away.

24. Deceased A1-Abu Ismail gave each one of them one big sack, one AK-47, 8 magazines, 240 rounds, 8 hand grenades, 1 rifle, 1 pistol and 3 magazines thereof, 21 rounds, 1 headphone, batteries and 1 charger. He then ::: Downloaded on - 09/06/2013 16:52:41 ::: AJN CONF2.10-Kasab 37 gave them one small sack each with RDX bomb kept in a tiffin bomb inside the same. He gave each pair GPS system and one pouch.

25. They cleaned their AK-47 rifles and pistols. They inserted 30 rounds in the magazines of AK-47. They inserted 7 rounds in each pistol. They tied 2 magazines to their AK-47 with tapes. In the night, they kept the bags in the vehicle of LeT. Deceased A1-Abu Ismail asked each one them to keep their Indian identity cards in their respective pockets which they did. In the night, wanted A3 and A5 asked them to note the latitude and longitude so that with the help of GPS they can easily reach Mumbai. They did as directed.

26. On 22/11/2008 A1-Kasab and nine deceased accused proceeded to the creek where wanted A2-Zaki-Ur-

Rehaman Lakhvi was present. He told them that the pairs of terrorists who would be occupying Nariman House, Hotel Taj, Hotel Oberoi, would try to contact the media.

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AJN CONF2.10-Kasab 38 They were given the sketch maps prepared by A2-Ansari and A3-Shaikh. A1-Kasab and deceased A1-Abu Ismail were given the sketch map indicating road map leading to CST and Malabar Hill. They were told to tear off the maps after reaching their destination. Around 7.00 p.m., A1-

Kasab and the nine deceased accused were taken to a big marine vessel in high sea where wanted A14-Hakim Saab was present along with his three associates. The haversacks containing arms and ammunition and other articles to be carried by A1-Kasab and the deceased accused were transported to seashore in a separate vehicle. They were also loaded in the said big marine vessel. At about 9.00 p.m., A1-Kasab and the deceased accused were transferred from the said marine vessel to another ship by name Al-Hussaini. The haversacks were also transferred to Al-Hussaini. Wanted A14-Hakim Saab and his three associates stayed back in the said big marine vessel. Seven persons including wanted A16-

Mursheed, wanted A17-Aakib and wanted A19-Usman were present on board of Al-Hussaini. The haversacks ::: Downloaded on - 09/06/2013 16:52:42 ::: AJN CONF2.10-Kasab 39 were handed over to A1-Kasab and the nine deceased accused. They were also given life saving jackets, blankets and other necessary articles. With these equipments, arms, ammunition and articles required for the journey A1-Kasab and the nine deceased accused started their journey in Al-Hussaini along with the said seven persons including three wanted accused named above.

27. On 23/11/2008 at about 12.00 noon a fishing vessel viz. M.V. Kuber was hijacked by them in the high sea.

Four out of five fishermen of the hijacked vessel were brought to vessel Al-Hussaini. The articles which were loaded on Al-Husaini were transferred to fishing vessel M.V. Kuber. The fifth fisherman, who was navigator of M.V. Kuber was taken hostage by A1-Kasab and the nine deceased accused. The diesel already loaded on Al-

Husaini was also transferred to M.V. Kuber.

28. After taking the navigator of M.V. Kuber as hostage ::: Downloaded on - 09/06/2013 16:52:43 ::: AJN CONF2.10-Kasab 40 on board, A1-Kasab and the nine deceased accused started their journey towards Mumbai seashore. With the help of GPS and the navigator Amarchand Solanki, A1-

Kasab and the nine deceased accused successfully navigated the boat. During their journey, they were communicating with wanted A3-Abu Hamza on a satellite telephone. They tied threads to their respective wrists to hide their identity as Pakistani nationals. The vessel M.V.

Kuber reached Indian territorial waters at about 4.00 p.m. on 26/11/2008.

29. Deceased A1-Abu Ismail after reaching Mumbai sea water, received certain instructions on satellite phone.

A1-Kasab told deceased A1-Abu Ismail that it is advisable to kill the said navigator Amarchand Solanki. A1-Kasab asked deceased A9-Shoaib @ Abu Soheb and deceased A3-Nasir @Abu Umar to catch hold his leg. Thereafter, A1-Kasab caught hold of the hair of navigator Amarchand Solanki and pulled his neck. A1-Kasab slit his neck in the engine room of M.V. Kuber. Thereafter, deceased A1-Abu ::: Downloaded on - 09/06/2013 16:52:43 ::: AJN CONF2.10-Kasab 41 Ismail, deceased A3-Nasir @ Abu Umar, deceased A7-

Fahad Ullah and deceased A8-Javed @Abu Ali pumped air into the inflatable boat and the said boat, after reassembling, was downed in the sea. A1-Kasab and the nine deceased accused changed their clothes. They put on life saving jackets as well as waterproof trousers. Their earlier clothes were left in M.V. Kuber. The arms and ammunition were also transferred to the inflatable boat.

At this point of time, they saw one vessel approaching from the opposite direction. They thought it was a naval vessel and, therefore, they hurriedly jumped into the inflatable boat speedily. Therefore, they could not remove the sea valve of M.V. Kuber as decided earlier. With the use of GPS, they reached seashore of Mumbai at Badhwar Park, Cuffe Parade. A1-Kasab and deceased A1-Abu Ismail got out of the inflatable boat. They collected their haversacks and the bags containing RDX bombs. The time was around 9.00 p.m. Some of the fishermen staying in the fishermen colony at Badhwar Park inquired from A1-

Kasab and others regarding their identity and the purpose ::: Downloaded on - 09/06/2013 16:52:44 ::: AJN CONF2.10-Kasab 42 of their being in the said locality. A1-Kasab told them that they were students. A1-Kasab sharply reacted to the inquiry made by the fishermen.

30. From Badhwar Park, the five pairs proceeded to their targets. A1-Kasab and deceased A1- Abu Ismail hired a taxi to go to CST. During the course of their journey from Badhwar Park to CST, A1-Kasab installed a timer on a RDX bomb and placed it below the driver's seat. Within 15 to 20 minutes, they reached CST from Badhwar Park. They tried to contact wanted A3-Abu Hamza but could not succeed. Both of them were in the main line waiting hall at the CST. Deceased A1-Abu Ismail went to toilet situated near the waiting hall and installed timer on the bomb which was in his custody and left the same in the luggage of passengers lying in the waiting hall.

Thereafter A1-Kasab and deceased A1-Abu Ismail went on a killing spree with their AK-47 rifles. Deceased A1-Abu Ismail took out hand grenade from his bag and threw it in the direction of passengers in the waiting hall.

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     AJN                                           CONF2.10-Kasab
                                 43

    Immediately    thereafter,   another   hand      grenade           was




                                                                     
    thrown by him.    Thereafter A1-Kasab and deceased A1-




                                             

Abu Ismail took out their AK-47 rifles and started firing indiscriminately at the passengers. The police officers who tried to retaliate the firing, were also shot at. Some of the policemen were killed during the firing. After killing large number of passengers, A1-Kasab and deceased A1-

Abu Ismail proceeded towards the waiting hall of local journey trains. While crossing the passage between the main waiting hall of long journey trains and waiting hall of local journey trains, they killed one of the police officers on duty. They had also killed one book stall owner. After reaching the local railway waiting hall, A1-Kasab and deceased A1-Abu Ismail fired on the policemen belonging to Government Railway Police (for short, "GRP"). Some of the Railway Protection Force Jawans (for short, "RPF jawans") and GRP attempted to capture or kill A1-Kasab and deceased A1- Abu Ismail. The policemen had used carbines and pistols but unfortunately neither A1-Kasab nor his associate deceased A1-Abu Ismail could be caught ::: Downloaded on - 09/06/2013 16:52:45 ::: AJN CONF2.10-Kasab 44 or injured during the exchange of fire. A1-Kasab and deceased A1-Abu Ismail also fired at the announcer who was sitting in the public announcement room on the mezzanine floor of the local railway waiting hall. During this period two photographers of Times of India Group who were in their office which is situated across the road opposite CST, had entered CST and taken photographs of A1-Kasab and deceased A1-Abu Ismail. In connection with this incident, C.R. No.155 of 2008 was registered at V.T.

Railway Police Station on the complaint of API Bharat Bhosale. Investigation of this crime was later on handed over to DCB, CID. On transfer to DCB, CID, a fresh C.R.

No.213 of 2008 came to be registered. Further investigation was done by PI Gangawane. In the CST incident, 53 persons were killed and 110 persons were injured.

31. After killing many persons at the CST, A1-Kasab and deceased A1-Abu Ismail went out of CST via foot over bridge and landed in a bylane known as Badruddin ::: Downloaded on - 09/06/2013 16:52:45 ::: AJN CONF2.10-Kasab 45 Tayyabji Marg (for short, "B.T. Marg/B.T. Road").

PW-102 Vernekar, photographer of Times of India Group, who had earlier taken photographs at CST, noticing that the accused were going out of CST via foot over bridge, immediately went to the Times of India building which is at the corner of B.T. Marg. He knew that he could take photographs of A1-Kasab and his associate from the second floor of Times of India building when they were passing over the foot over bridge. He, therefore, went to the second floor of the Times of India building. He took at least two photographs of A1-Kasab holding AK-47 rifle in his hand and violently moving forward on foot over bridge.

32. After landing at B.T. Marg from the foot over bridge, A1-Kasab and deceased A1- Abu Ismail were in search of a vehicle to leave the spot. They, therefore, attempted to open the doors of cars parked in the by lane, but could not succeed. Therefore, they entered Cama Hospital from one of the rear side gates of the hospital. They jumped over ::: Downloaded on - 09/06/2013 16:52:46 ::: AJN CONF2.10-Kasab 46 one of the gates and entered Cama Hospital. CCTV cameras are installed by the Times Group outside its building on the portion which is on the side of B.T. Marg.

According to the prosecution, the visuals of A1-Kasab and deceased A1- Abu Ismail were captured by the said CCTV cameras. According to the prosecution, A1-Kasab and deceased A1-Abu Ismail were seen in the visuals while attempting to open one of the vehicles holding rifles in their hands.

33. Before entering Cama hospital, A1-Kasab and deceased A1-Abu Ismail killed Shivkumar Gupta, a bhel vendor, Thakur Budha Vaghela, a slum dweller on B.T.

Marg and Bhagan Gangaram Shinde, a young boy staying in the same locality.

34. After killing, the said three persons, A1-Kasab and deceased A1-Abu Ismail entered Cama Hospital from the rear gate. At Cama Hospital, they killed two security guards viz. Baban Balu Ughade and Bhanu Devu Narkar.

::: Downloaded on - 09/06/2013 16:52:46 :::

AJN CONF2.10-Kasab 47 After killing the said two persons on the ground floor, they went upstairs and attempted to kill the patients including children. However, by the time they reached upper floors, patients and hospital staff closed all the doors of wards and other rooms. It was, therefore, not possible for A1-

Kasab and deceased A1- Abu Ismail to kill the patients.

35. As most of the rooms and wards were found closed, A1-Kasab and deceased A1- Abu Ismail went on the terrace of the main building of Cama Hospital. PW-109 Chandrakant Dyandev Tikhe, one of the staff members of Cama Hospital was on duty on the terrace of the building.

He was guarding the generator installed on the terrace.

A1-Kasab and deceased A1-Abu Ismail asked him as to how they could go down. PW-109 Chandrakant Tikhe told them that there was only one staircase for entry and exit.

36. In the meanwhile, a police team headed by Additional Commissioner of Police PW-118 Sadanand ::: Downloaded on - 09/06/2013 16:52:46 ::: AJN CONF2.10-Kasab 48 Vasant Date reached the sixth floor of Cama Hospital.

There was a landing area between the sixth floor and the terrace and a door between this landing area and the terrace. The police party led by Additional Commissioner of Police PW-118 Sadanand Date started firing towards the terrace. A1-Kasab and deceased A1-Abu Ismail used PW-109 Tikhe as shield and they told him to be in the front while both of them proceeded towards the staircase leading to the sixth floor of the building. While A1-Kasab and deceased A1-Abu Ismail were using PW-109 Tikhe as shield, Additional Commissioner of Police PW-118 Sadanand Date, his subordinate officers and constables started firing towards A1-Kasab and deceased A1-Abu Ismail. However, they did not succeed in apprehending or killing the accused. A1-Kasab and deceased A1-Abu Ismail, however, killed two police officers viz. Prakash Pandurang More and Vijay Madhukar Khandekar and they also succeeded in injuring one Police Constable Sachin Tilekar and Additional Commissioner of Police PW-118 Sadanand Date and other policemen and officers. The ::: Downloaded on - 09/06/2013 16:52:47 ::: AJN CONF2.10-Kasab 49 injured persons were taken to the lower floors for treatment. PW-118 Sadanand Date was left on the sixth floor. PW-109 Tikhe managed to come on the sixth floor and from there, he went to the lower floor. A1-Kasab and deceased A1-Abu Ismail succeeded in escaping from Cama Hospital because PW-118 Date and other police officers were injured due to fragments of grenades thrown by them.

37. When A1-Kasab and deceased A1-Abu Ismail came out of Cama Hospital, some policemen belonging to Azad Maidan Police Station were on duty on Mahapalika Road in front of Cama Hospital on other side of the road. A1-Kasab and deceased A1-Abu Ismail therefore, instead of proceeding to Mahapalika Road adjoining St. Xavier's college, entered B.T. Marg from D.N. Road and shot at a police officer viz. PI Durgude who was coming from the direction of Metro Junction. PI Durgude died on the spot.

After killing him, A1-Kasab and deceased A1-Abu Ismail again entered B.T. Marg from Mahapalika Road. One ::: Downloaded on - 09/06/2013 16:52:47 ::: AJN CONF2.10-Kasab 50 white Honda City car with red beacon belonging to PW-140 Bhushan Gagrani, the Secretary in Health Department of Government of Maharashtra was coming from the opposite direction. It was driven by PW-139 Maruti Phad, who was staying near G.T. Hospital. He was staying in the staff quarter building known as High Rise Building situated near G.T. Hospital. PW-140 Gagrani was staying at his official residence in Yashodhan at Churchgate. Due to the terror attack at multiple places, PW-140 Gagrani was called for urgent meeting in Mantralaya and, therefore, he asked PW-139 Maruti Phad to bring the car to his official residence. A1-Kasab and deceased A1-Abu Ismail fired at the said car thereby injuring PW-139 Maruti Phad. PW-139 Maruti Phad sensing the seriousness of the situation, pretended to be dead and locked the car from inside.

38. The police team headed by Senior I.P.S. Officer Hemant Karkare was travelling in a Qualis brand police vehicle to reach Cama Hospital to assist PW-118 ::: Downloaded on - 09/06/2013 16:52:48 ::: AJN CONF2.10-Kasab 51 Sadanand Date. This vehicle was spotted by A1-Kasab and deceased A1-Abu Ismail. They fired at the said vehicle. The police officers sitting in the said vehicle also fired at A1-Kasab and deceased A1-Abu Ismail. Due to the firing, three police officers and three police constables, who were in the said vehicle died. The three senior police officers were Hemant Karkare, Ashok Kamate and Vijay Salaskar and three police constables were Balasaheb @ Nana Chandrakant Bhosale, Jayawant Hanumant Patil and Yogesh Shivaji Patil. PW-136 PN Arun Dada Jadhav was lying in the rear portion of the vehicle as he had also received bullet injures. A1-Kasab and deceased A1-Abu Ismail went near the vehicle and removed the dead bodies of the three police officers from the vehicle. Deceased A1-Abu Ismail occupied the driver's seat and A1-Kasab occupied the adjoining seat in the front. PW-136 PN Arun Jadhav pretended to be dead.

Deceased A1-Abu Ismail drove away the vehicle from Mahapalika Road and proceeded to Metro Junction. From there, the vehicle was taken to Mantralaya via Maharshi ::: Downloaded on - 09/06/2013 16:52:48 ::: AJN CONF2.10-Kasab 52 Karve Road. One of the tyres of the said police vehicle was punctured, A1-Kasab and deceased A1-Abu Ismail had to search for another vehicle. They spotted a Skoda car belonging to the father of PW-144 Sharan Arasa near Vidhan Bhavan at Barrister Rajani Patel Marg. PW-144 Sharan Arasa was driving the car and his friend and his wife were accompanying him in the said car. They were going to rescue ig their friend PW-238 Siddharth Umashankar who was brought to Inox Theater at Nariman Point after being evacuated from Hotel Oberoi. PW-238 Siddharth Uamashankar had given a call to his friend PW-147 Samit Ajgaonkar to pick him up. When the Skoda car came near Vidhan Bhavan, which is situated near Inox Theater at Nariman Point, A1-Kasab and deceased A1-Abu Ismail directed PW-144 Arasa to come out of the car. Deceased A1-Abu Ismail occupied the driver's seat and A1-Kasab occupied the front left seat of the car. Deceased A1-Abu Ismail had left his AK-47 rifle in the police vehicle and picked up AK-47 rifle of police officer Ashok Kamate from the police vehicle. He had ::: Downloaded on - 09/06/2013 16:52:49 ::: AJN CONF2.10-Kasab 53 kept the said AK-47 rifle of Kamate in front of him in the leg space of driver's seat of Skoda car and proceeded further. A1-Kasab was holding his AK-47 rifle and a pistol.

39. In the meantime, a wireless message had been sent to all the police stations that two terrorists had hijacked a Skoda car and they should be intercepted wherever they were found.

The road at Marine Drive was barricaded.

The barricades were installed in front of Cafe Ideal at Girgaum Chowpaty. Some police officers including PW-1 Bhaskar Kadam, PW-2 Sanjay Govilkar, PW-3 Hemant Bavthankar, ASI Tukaram Ombale and police constables were on duty at the place barricaded by D.B. Marg Police Station. PW-1 PSI Bhaskar Kadam was having a 9 mm service pistol loaded with ten rounds. Few other police officers had also their service pistols with them.

40. Around 00.16 hours, a message was received on wireless set that two terrorists armed with weapons had been moving in a Skoda car and that they had proceeded ::: Downloaded on - 09/06/2013 16:52:50 ::: AJN CONF2.10-Kasab 54 towards Marive Drive. At about 00.30 hours, one Skoda car was spotted by the police officers on duty at Girgaum Chowpaty. (In the police charge-sheet, the place Girgaum Chowpaty was referred to as Vinoly Chowpaty. It is popularly known as Girgaum Chowpaty). The said car was seen on N.S.Purandare Marg (Marine Drive) and was proceeding from south to north. PW-3 Hemant Bavthankar and other police officials blew whistles and issued direction to the driver of the car to stop it. The driver of the car immediately put on head lights of the car. He started spraying water on the windscreen to make it difficult for the police officers to identify the occupants.

The car suddenly took 'U' turn from the road divider but could not proceed further. The car hit the divider and came to a halt. The police officers immediately swung into action. A1-Kasab and deceased A1-Abu Ismail raised their hands to indicate that they had surrendered before the police. When the police officers went near the car, deceased A1- Abu Ismail suddenly started firing at the police from his pistol. PW-1 Bhaskar Kadam and his ::: Downloaded on - 09/06/2013 16:52:50 ::: AJN CONF2.10-Kasab 55 colleague PW-3 Bavthankar both fired at deceased A1-Abu Ismail from their service pistols. During the said firing deceased A1-Abu Ismail was injured. PW-2 Sanjay Govilkar, ASI Tukaram Ombale and other police officials attempted to catch hold of A1-Kasab. A1-Kasab immediately came out of the car and laid himself down on the road in supine position. While he was trying to fire with his AK-47 rifle, ASI Tukaram Ombale pounced upon him. He sustained bullet injury due to the firing from AK-47 rifle of A1-Kasab. PW-2 Sanjay Govilkar was also injured. In the meanwhile, other police officers used necessary force and disarmed A1-Kasab and took him into custody. Deceased A1-Abu Ismail was also taken into police custody. In the meantime, other police officers from D.B.Marg Police Station had also reached the spot. PW-2 Sanjay Govilkar, ASI Tukaram Ombale, A1-Kasab and deceased A1-Abu Ismail were taken to the hospitals. The Skoda car was barricaded and secured for investigation.

ASI Tukaram Ombale was declared dead at Harkisandas Hospital. PW-2 Sanjay Govilkar was admitted for ::: Downloaded on - 09/06/2013 16:52:51 ::: AJN CONF2.10-Kasab 56 treatment. Deceased A1-Abu Ismail was declared dead at Nair Hospital and A1-Kasab was admitted for treatment in the said hospital. FIR of PW-1 Bhaskar Kadam was recorded vide C.R. No.305 of 2008. The said C.R. was then transferred to DCB, CID. On transfer, it was registered as C.R. No.182 of 2008. A1-Kasab was shown arrested in the said case vide Arrest Panchnama (Ex-215) on 27/11/2008.

Thereafter, he was shown arrested in other cases.

41. Spot panchnama was drawn during the course of which empty cartridge cases of pistols of police officers PW-1 Bhaskar Kadam, PW-3 Hemant Bavthankar, pistols of the accused, and rifle of A1-Kasab were recovered from the spot. Some live cartridges, magazines of AK-47 rifle were also recovered. Apart from that, some miscellaneous articles like black pouch and identity cards purportedly issued by some Indian Institution were also recovered. One jacket was found on the rear seat of the Skoda car. In one of the pockets of the said jacket there ::: Downloaded on - 09/06/2013 16:52:51 ::: AJN CONF2.10-Kasab 57 was one hand grenade. The said hand grenade was secured in the sand of Chowpaty and was later on defused by Bomb Detection & Disposal Squad (for short, "BDDS") of Mumbai Police.

42. According to the prosecution, while A1-Kasab was in the hospital, he made a statement which led to recovery of M.V. Kuber, dead body of deceased Amarchand Solanki, one GPS and one mobile phone from M.V. Kuber. During the course of inquest panchnama of dead body of deceased A1-Abu Ismail, one map, prepared by A2-Ansari, was recovered from his trouser pocket. It was seized and sealed. A2-Ansari and A3-Shaikh were taken into custody from Rampur Jail with the permission of the Additional Sessions Judge, Rampur (U.P.). The specimen handwriting and signature of A2-Ansari was taken. The sealed cover containing the map prepared by A2-Ansari was opened as the same was required to be given identification numbers for being sent to handwriting expert to be examined by him in comparison with the specimen handwriting of A2-

::: Downloaded on - 09/06/2013 16:52:52 :::

AJN CONF2.10-Kasab 58 Ansari. It is the case of the prosecution that the map recovered from trouser pocket of deceased A1-Abu Ismail is in the handwriting of A2-Ansari.

43. It is the case of the prosecution that A2-Ansari was to lend logistic support to the attackers. He, therefore, acquired a room belonging to one Ms. Shantabai Bhosale at Patthe Bapurao Marg, Mumbai-400 008 on rental basis.

A2-Ansari had also taken admission in a computer institute namely Softpro Computer Education at Fort, Mumbai under an assumed name i.e. Sahil Pawaskar. The documents submitted in the computer institute by A2-

Ansari were seized during the course of investigation.

According to the handwriting expert, the said documents were written and signed by A2-Ansari. The prosecution recorded the statements of one Naruddin Mehboob Shaikh and one Bharat Thakur which revealed that the map which was recovered from trouser pocket of deceased A1-

Abu Ismail was handed over to A3-Shaikh by A2-Ansari at Kathmandu, Nepal.

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     AJN                                             CONF2.10-Kasab
                                  59




                                                                       
                                               
    44. So far as other eight deceased                  accused are

concerned, it is the case of the prosecution that after A1-

Kasab and deceased A1-Abu Ismail got down from the inflatable boat, six other accused also alighted from the same boat. Two of them had proceeded to Nariman House, other two had proceeded to Hotel Taj and the third pair of two accused had proceeded to Hotel Leopold at Colaba. The last pair of two accused stayed back in the inflatable boat. The inflatable boat thereafter was navigated from Badhwar Park to Nariman Point. The last pair alighted from the inflatable boat and entered Hotel Oberoi.

45. The further case of the prosecution is that the pair of accused who had proceeded to Hotel Leopold i.e. deceased A4-Nazir @ Abu Umer and deceased A9-Shoaib @ Abu Soheb had fired indiscriminately at the customers at Hotel Leopold and had caused death of 11 persons and ::: Downloaded on - 09/06/2013 16:52:53 ::: AJN CONF2.10-Kasab 60 had injured 28 persons. By the time Colaba police reached Hotel Leopold, the duo had gone to Hotel Taj to join the other pair of the accused. The FIR in respect of the said incident which occurred at Hotel Leopold was recorded at Colaba Police Station vide C.R. No.240 of 2008 on the complaint of PW-179 PSI Sudhakar Deshmukh. A spot panchnama was drawn which revealed that a large scale destruction was caused at Hotel Leopold. Number of empties and AK-47 magazines were found. Later on, a fresh C.R. No.193 of 2008 was registered at DCB, CID. Further investigation was carried out by PW-266 PI Damodar Chaudhari.

46. It is the case of the prosecution that deceased A5-

Hafiz Arshad @ Abdul Rehaman Bada @ Hayaji and deceased A8-Javed @ Abu Ali were the two accused who had entered Hotel Taj. Deceased A4-Nazir @ Abu Umer and deceased A9- Shoaib @ Abu Soheb had joined them after firing at Hotel Leopold. They fired indiscriminately at the ground floor particularly at Wasavi and Golden ::: Downloaded on - 09/06/2013 16:52:53 ::: AJN CONF2.10-Kasab 61 Dragon Restaurants and had caused deaths of large number of guests on the ground floor. Thereafter, they proceeded to upper floors. They had also used hand grenades during the course of attack on staff and guests of Hotel Taj. Considering the fact that sophisticated weapons had been used by the accused at all the places of attack, Marcos commandos were called to help the police. Later on, commandos of National Security Guards (for short, "NSG") were called to apprehend or eliminate the terrorists. During the course of exchange of fire between the terrorists and commandos, at Hotel Taj four deceased accused used AK-47 rifles and hand grenades and had set fire to the valuable property of Hotel Taj.

Thirty six persons died at Hotel Taj and 30 persons were injured. During the period of 60 hours, the four deceased accused were inside the hotel. After 60 hours' fight, NSG could eliminate deceased A4-Nazir @ Abu Umer, deceased A5-Hafiz Arshad @ Abdul Rehaman Bada @ Hayaji, deceased A8-Javed @ Abu Ali and deceased A9-

Shoaib @ Abu Soheb. The estimated loss of property at ::: Downloaded on - 09/06/2013 16:52:54 ::: AJN CONF2.10-Kasab 62 Hotel Taj is Rs.114 crores. Two live RDX laden Improvised Explosive Devices (for short, "IED") were recovered from outside Hotel Taj.

47. It is the case of the prosecution that the above stated four deceased accused had established contact with their co-conspirators stationed at Pakistan and they were receiving instructions from them on telephone. The said telephonic conversation was intercepted by the police and the same was recorded. The intercepted conversation revealed that it was not a simple crime of committing murders or destruction of properties but it was a case of conspiracy hatched by A1-Kasab, A2-Ansari and A3-Shaikh, deceased accused and the wanted accused to wage war against Government of India and to commit other offences. Some of the guests and staff members were kept hostages for few hours in one of the rooms at Hotel Taj and they were physically and mentally tortured. In respect of the incident at Hotel Taj, C.R. No. ::: Downloaded on - 09/06/2013 16:52:54 ::: AJN CONF2.10-Kasab 63 242 of 2008 was registered by the Colaba Police Station on the complaint of PW-182 PI Prakash Bhoite. Four AK-47 rifles in burnt condition, few magazines of AK-47 rifles, haversacks carried by the accused, live rounds, empties and bullets were seized during the course of drawing panchnamas. Panchnamas in respect of destruction of properties at Hotel Taj were also drawn.

Inquest panchnamas of the deceased accused and the deceased victims were also drawn and the dead bodies were sent for postmortem examination. On transfer of investigation to DCB, CID, fresh C.R. No.194 of 2008 came to be registered by DCB, CID and further investigation was carried out by PW-267 PI K.V.

Nigade.

48. The pair of deceased A2-Imran Babar @ Abu Aakasha and deceased A3-Nasir @ Abu Umar had entered Nariman House which is a prayer-cum-residential place for persons of Israeli origin. At the time of the incident the Gabriel couple, their child Moshe and their guests were at ::: Downloaded on - 09/06/2013 16:52:54 ::: AJN CONF2.10-Kasab 64 Nariman House. Their two servants were also present.

The accused carried out large scale destruction of property at Nariman House. Ms.Sandra and PW-239 Kazi Zakir Hussain, the servants of Gabriel couple, sensing serious danger to their lives hid themselves in one of the rooms. They had been hearing sound of firing constantly while hiding themselves. When the firing stopped, the said two servants went on the upper floors and found the child Moshe lying abandoned. They picked up the child and came out of Nariman House. Rest of the occupants and guests of Nariman House were killed in the incident.

In all, 8 persons were killed at Nariman House and in the adjoining buildings and 7 persons were injured. The total loss of property is calculated to the extent of Rs.

1,09,00,000/-. Deceased A2-Imran Babar @ Abu Aakasha and deceased A3-Nasir @ Abu Umar were eliminated by the NSG commandos. An FIR in respect of the incident at Nariman House was registered on the complaint made by PW-200 PSI Hanumant Bhandalkar vide C.R. No.241 or 2008 at Colaba Police Station. Panchnama of this place ::: Downloaded on - 09/06/2013 16:52:55 ::: AJN CONF2.10-Kasab 65 was also drawn in presence of panchas. Panchnama of the place near petrol pump where one bomb had exploded was also drawn. Used and live firearms and ammunition were seized. Arms and ammunition recovered from Nariman House by NSG commandos were also seized by the police at Colaba Police Station. On transfer of further investigation to DCB, CID, a fresh C.R.

No.197 of 2008 was registered by PW-271 API Vijay Shinde. Arms and ammunition seized by the police were sent for analysis to Forensic Science Laboratory.

49. Deceased A6-Abadul Reheman Chhota @ Saakib and deceased A7-Fahad Ullah after travelling from Badhwar Park to Nariman Point in the inflatable boat, left the boat abandoned at Nariman Point. Both of them entered Hotel Oberoi and Hotel Trident. They had also indiscriminately fired at the people in the lobby of one of the restaurants at mezzanine floor. Before entering the hotel, they had planted RDX laden IED on the slope of flowerbed adjacent ::: Downloaded on - 09/06/2013 16:52:55 ::: AJN CONF2.10-Kasab 66 to Hotel Trident main entrance. Subsequently, the said RDX bomb exploded. The said IED did not cause any serious damage because it was covered by the BDDS staff with a bomb blanket. A large number of guests and staff members were either killed or hurt at Bell Desk, Reception Counter, lobby and Tiffin Restaurant. One of the RDX laden IED was planted near the Tiffin Restaurant which subsequently exploded. Some guests were forcibly taken hostage from Kandhar Restaurant and were taken to upper floors. Thereafter, the said accused continued to fire and lob grenades from various positions. They also contacted T.V. channels and had attempted to mislead the public by giving false information to the T.V.

channels. Thirty five persons died and 24 persons injured in the incident at Hotel Oberoi and Hotel Trident. Estimated loss of property at Hotel Oberoi and Trident was Rs.40,40,00,000/-. Deceased A6-Abadul Rehaman Chhota @ Saakib, and deceased A7- Fahad Ullah were eliminated by NSG commandos.

::: Downloaded on - 09/06/2013 16:52:56 :::

AJN CONF2.10-Kasab 67

50. An offence regarding the incident at Hotel Oberoi was registered at Marine Drive Police Station vide C.R. No. 231 of 2008. Later on, it was transferred to DCB, CID, and C.R. No.191 of 2008 was registered. Further investigation was carried out by PW-270 PI Shengale. During the investigation, arms and ammunition were seized. Dead bodies of the said two accused were found in the corridor at 18th floor of Hotel Oberoi. Inquest panchnamas were drawn of both the dead bodies. Postmortem examination of dead bodies was conducted by medical officers at the Government and Municipal hospitals.

51. The inflatable boat was located by one of the fishermen of fishermen colony of Badhwar Park. It was brought to the seashore at Badhwar Park from Nariman Point. The boat and material found in the boat were seized by the police. The police seized life saving jackets and other miscellaneous articles from the said boat.

Initially, the boat was seized as an unclaimed property ::: Downloaded on - 09/06/2013 16:52:56 ::: AJN CONF2.10-Kasab 68 but, later on during the course of enquiry of death of the navigator Amarchand Solanki, it was realized that it was a case of murder and, hence, an offence in that regard was registered on the complaint made by PW-39 PSI Padmakar Devare vide C.R. No.52 of 2008 at Yellow Gate Police Station. Later on, the investigation was transferred to DCB, CID. On transfer, a fresh C.R. No.186 of 2008 was registered and further investigation was carried out by PW-47 PI Sripad Kale.

52. According to the prosecution, each accused was given one RDX laden IED and they were carrying their bombs in the small sack. One of the RDX laden IEDs carried by A1-Kasab and deceased A1-Abu Ismail was planted in the taxi which A1-Kasab and deceased A1-Abu Ismail had hired from Badhwar Park to go to CST. The said taxi was later on hired from CST by Advocate Laxminarayan Goyal for going to Charkop, Kandivali.

The said bomb exploded when the taxi was on its way to ::: Downloaded on - 09/06/2013 16:52:56 ::: AJN CONF2.10-Kasab 69 Charkop, Kandivali causing death of Advocate Goyal and the driver Umar Shaikh. The taxi was completely destroyed. PW-164 ASI Shankar Chandrakant Tambe of Vile Parle Police Station registered C.R. No.464 of 2008. In this connection, spot panchnama was prepared.

Mutilated limbs of human bodies were seized for examination. They were sent for DNA analysis which revealed that only two persons were travelling in the said taxi. Investigation of this case was transferred to DCB, CID and on transfer, fresh C.R. No.198 of 2008 was registered. Further investigation was carried out by PW-174 PSI Vaibhav Dhumal.

53. One of such bombs was planted in a taxi by deceased A4-Nazir @ Abu Umer and deceased A9- Shoaib @ Abu Soheb who travelled from Badhwar Park to Hotel Leopold and later on entered Hotel Taj to join deceased A5-Hafiz Arshad @ Abdul Rehaman Bada @ Hayaji and deceased A8-Javed @ Abu Ali. The said taxi was hired by PW-225 Wasim Ahmed Bashiruddin Shaikh from near ::: Downloaded on - 09/06/2013 16:52:57 ::: AJN CONF2.10-Kasab 70 Hotel Leopold for going to Dongari. He left the taxi at Dongari which was later on hired by deceased Zarina and Reema who wanted to go to the residence of Zarina at Bombay Port Trust. They reached the spot. However, after getting out of the taxi, while they were paying taxi fare to the taxi driver, the bomb exploded resulting into the death of the taxi driver and the two ladies viz. Zarina and Reema.

The explosion of bomb seriously injured persons who were nearby the said taxi at the time of explosion. PW-175 PC Kishor Kharate reported the incident to Byculla Police Station and C.R. No.318 of 2008 came to be registered in respect of the said incident. It was transferred to DCB, CID and on transfer, it was numbered as C.R. No.200 of 2008.

The material found on the spot was seized under panchnama.

54. As far as other RDX laden bombs are concerned, two of such bombs were used at Hotel Oberoi by the deceased accused who had entered Hotel Oberoi. Two other bombs ::: Downloaded on - 09/06/2013 16:52:57 ::: AJN CONF2.10-Kasab 71 were used by the deceased accused who had gone to Nariman House. One of the said two bombs was planted near a petrol pump at Colaba by deceased A4-Nazir @ Abu Umer and deceased A9-Shoaib @ Abu Soheb which exploded on the same night. The other bomb exploded at Nariman House during encounter of the deceased accused with the NSG commandos.

55. One of the bombs had exploded at Hotel Taj. One live bomb was recovered near Hotel Taj and another live bomb was recovered from near Hotel Gokul in the vicinity of Hotel Taj. One live bomb was recovered in the luggage of passengers which was kept safely by CST railway police when the luggage was being given to the claimants. All the three live bombs were defused by the BDDS of Mumbai. The remnants of defused bombs were sent to the Ballistic Expert for his opinion. According to the prosecution, in almost all the bombs, RDX was used for explosion. Thus, out of 10 RDX laden IEDs carried by A1-

::: Downloaded on - 09/06/2013 16:52:57 :::

AJN CONF2.10-Kasab 72 Kasab and nine deceased accused, 3 were recovered live, 1 had exploded in front of Hotel Trident (Oberoi), 1 had exploded in the taxi in which Advocate Laxminarayan Goyal was travelling from CST to Charkop, Kandivali, 1 had exploded in the taxi in which Zarina and Reema were travelling from Dongari to Bombay Port Trust, 1 had exploded at the petrol pump near Nariman House, 1 was exploded by deceased A2-Imran Babar @ Abu Aakasha and deceased A3-Nasir @ Abu Umar in Nariman House, 1 had exploded in Hotel Taj during the incident and 1 more had exploded in Hotel Oberoi during the course of incident.

56. The following Table No.1 will indicate the particulars of cases registered by police at various police stations which were taken over by DCB, CID in respect of the terrorist attack which took place in Mumbai.

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     AJN                                                        CONF2.10-Kasab
                                          73

                                  TABLE NO.1




                                                                                 
                                                         
    Sr.   Police Station DCB      CR Title  of Place of Death & Name  of
    No.   & CR Nos.      No.         the case Offence Injured accused

01 Yellowgate Police 186/2008 Kuber On Death - 1. Mohd.

Station Tandel Fishing 01 Ajmal Moh.





                                                        
          CR No.52/2008                Murder     vessel       Injured - Amir Kasab
                                                  "MV          None      @ Mujahid,
                                                  Kuber"       Not       2)      Ismail
                                                  Approxim     traced - Khan @ Abu
                                                  ately    5   04        Ismail,    3)
                                                  nautical               Shoheb @




                                               
                                                  miles                  Abu Shoheb
                                                  from                   & 4) Nasir
                              ig                  Mumbai                 @         Abu
                                                  shore.                 Umer.
    02    Vile Parle Police 198/2008   Vile Parle Western      Death - 1)       Mohd.
          Station                      Taxi Blast Express      03        Ajmal Mohd.
                            
          CR No.464/2008                          Highway,     Injured - Amir Kasab
                                                  Opp. Coty    03.       @ Mujahid
                                                  Swan                   & 2) Ismail
                                                  Club, Vile             Khan @ Abu
                                                  Parle (E),             Ismail.
                                                  Mumbai.
        

    03    CST       Railway 213/2008   CST        Main Line    Death - 1)       Mohd.
          Police Station               Railway    Hall     &   52        Ajmal Mohd.
     



          CR No.155/2008               Station    Local Line   Injured - Amir Kasab
          (ATS CR No.20 of                        Hall and     109       @ Mujahid
          2008)                                   Passage                & 2) Ismail
                                                  between                Khan @ Abu
                                                  both the               Ismail
                                                  halls   of





                                                  CST
                                                  Railway
                                                  Station
    04    Azad       Maidan 187/2008   Cama       Cama         Death - 1)       Mohd.
          Police Station               Hospital   Hospital     07        Ajmal Mohd.
          CR No.245/2008               (Inside)   Compoun      Injured - Amir Kasab





                                                  d, Maha-     10.       @ Mujahid
                                                  nagar                  & 2) Ismail
                                                  Palika                 Khan @ Abu
                                                  Marg,                  Ismail.
                                                  Mumbai.




                                                         ::: Downloaded on - 09/06/2013 16:52:59 :::
     AJN                                                            CONF2.10-Kasab
                                           74

    05    Azad       Maidan 188/2008    Cama         B.T. Road,    Death - 1)       Mohd.
          Police Station                Hospital     North         09        Ajmal Mohd.




                                                                                     
          CR No.246/2008                (Outside)    Gate     of   Injured - Amir Kasab
                                                     Cama          07        @ Mujahid
                                                     Hospital,               & 2) Ismail




                                                             
                                                     ATM                     Khan @ Abu
                                                     Centre of               Ismail.
                                                     Corporatio
                                                     n    Bank,
                                                     Maha-




                                                            
                                                     nagar
                                                     Palika
                                                     Marg,
                                                     Metro
                                                     Cinema
                                                     Junction.




                                               
    06    Marine       Drive 192/2008   Scoda Car Opp.             Death - 1)       Mohd.
          Police Station                Robbery   Mittal           None      Ajmal Mohd.
          CR No.230/2008      ig                  Tower "B"        Injured - Amir Kasab
                                                  Wing,            None      @ Mujahid
                                                  Near Usha                  & 2) Ismail
                                                  Mehta                      Khan @ Abu
                                                  Junction,                  Ismail.
                            
                                                  Barrister
                                                  Rajni
                                                  Patel
                                                  Marg,
                                                  Mumbai.
        

    07    D.B. Marg Police 182/2008     Vonoli    Opp. Cafe Death - 1)       Mohd.
          Station                       Junction  Ideal, N.S. 01      Ajmal Mohd.
     



          CR No.305/2008                Encounter Purandare Injured - Amir Kasab
                                                  Marg,       01      @ Mujahid
                                                  Girgaum             & 2) Ismail
                                                  Choupaty,           Khan @ Abu
                                                  Mumbai.             Ismail.





    08    Byculla   Police 200/2008     Mazgaon      Opp. BPT      Death - 1) Shoheb
          Station                       Taxi Blast   Colony        03        @       Abu
          CR No.318/2008                             Building,     Injured - Shoheb & 2)
                                                     No.8,         19        Nazir @ Abu
                                                     Mulji                   Umer.
                                                     Rathod
                                                     Marg,





                                                     Wadi
                                                     Bunder,
                                                     Mazgaon,
                                                     Mumbai
                                                     10.
    09    Colaba    Police 193/2008     Hotel        Hotel         Death - 1) Shoheb
          Station                       Leopold      Leopold,      11        @       Abu
          CR No.240/2008                             S.B.S.        Injured - Shoheb & 2)
                                                     Road,         28        Nazir @ Abu
                                                     Colaba,                 Umer..
                                                     Mumbai.




                                                             ::: Downloaded on - 09/06/2013 16:52:59 :::
     AJN                                                          CONF2.10-Kasab
                                           75

    10    Colaba    Police 194/2008     Hotel Taj   Hotel Taj,   Death - 1) Shoheb
          Station                                   P.           36        @       Abu




                                                                                   
          CR No.242/2008                            Ramchan      Injured - Shoheb, 2)
                                                    dani         30        Nazir @ Abu
                                                    Marg,                  Umer,     3)




                                                           
                                                    Colaba,                Javed     @
                                                    Mumbai.                Abu Ali & 4)
                                                                           Hafiz
                                                                           Arshad    @
                                                                           Abdul




                                                          
                                                                           Rehman
                                                                           Bada      @
                                                                           Hayaji.
    11    Colaba    Police 197/2008     Nariman     Nariman      Death - 1)      Babar
          Station                       House       House,       09        Imran    @
          CR No.241/2008                            Colaba       Injured - Abu Akasha




                                                
                                                    Wadi,        07        & 2) Nasir
                                                    Sahid                  @      Abu
                              ig                    Bhagatsin              Umer.
                                                    g   Road,
                                                    Colaba,
                                                    Mumbai.
                            
    12    Marine       Drive 191/2008   Hotel       Hotel New    Death - 1)
          Police Station                Oberoi      Oberoi &     35        Fahadullah
          CR No.231/2008                            Hotel        Injured - & 2) Abdul
                                                    Trident,     24.       Rehman
                                                    Nariman                Chota.
                                                    Point,
        

                                                    Mumbai -
                                                    400 020.
     



57. The fact that these incidents had occurred and the fact that 166 persons died and 238 persons were injured in these incidents can hardly be disputed.

The persons who succumbed to the injuries at various places were taken to the hospital by different witnesses.

They have either deposed in the court or have filed affidavit evidence. In respect of deceased persons, postmortem notes have been brought on record. Some ::: Downloaded on - 09/06/2013 16:53:00 ::: AJN CONF2.10-Kasab 76 of the concerned doctors have either deposed in the court about the postmortem notes or have filed affidavit evidence indicating the cause of death. The dead bodies have been handed over to the relatives or persons acquainted with the deceased, some of whom have filed affidavit evidence in the court. From this evidence, the names of the deceased persons, the places where their bodies were found and the nature of injuries suffered by them can be ascertained. On this basis, Table No.2 has been prepared and incorporated in the judgment by learned Sessions Judge. There is no challenge to the fact that the persons named in the said table have died.

There is also no challenge to the place where they have died and the nature of their injuries. We have gone through the evidence and we find no difficulty in reproducing the said table with some corrections. The dead body of Rajendrakumar Baburam Sharma, whose name is shown at Sr.No.8 was found at CST and not at Nariman House and the dead body of Daphne Hilary Schmidt, whose name is shown at Sr.No.20 was found at ::: Downloaded on - 09/06/2013 16:53:00 ::: AJN CONF2.10-Kasab 77 Leopold and not at CST. This is confirmed by PW-533 Jehani, who has filed affidavit evidence (Ex-1406-A). We have accordingly, corrected the table and reproduced it.

Following is the said table which states the names of the deceased, the place where death occurred and the nature of injuries suffered.

TABLE NO.2.


    Sr.No Name of the Deceased
      1.                       2
                                ig              Place of Death
                                                          3
                                                                        Nature of injury
                                                                                  4
                              
      1    Salim Hussain Harharwala             Nariman House           Firearm injuries
      2    Mehzabin @ Maria Salim Harharwala    Nariman House           Firearm injuries
      3    Rivka Gavriel Holtzberg              Nariman House           Firearm injuries
      4    Rabbi Gavriel Noach Holtzberg        Nariman House           Firearm injuries
        

      5    Gajendra Singh                       Nariman House           Firearm injuries
      6    Ben Zion Chroman                     Nariman House           Firearm injuries
     



      7    Norma Shvarzblat Robinovich          Nariman House           Multiple firearm
                                                                        injuries
      8    Rajendrakumar Baburam Sharma         CST                     Firearm injuries
      9    Yokevet Mosho Orpaz                  Nariman House           Firearm injuries





      10   Subhash Vanmali Vaghela              Hotel Leopold           Firearm injuries
      11   Pirpashi Mehboobali Shaikh           Hotel Leopold           Firearm injuries
      12   Shahabuddin Sirajuddin Khan          Hotel Leopold           Firearm injuries
      13   Harishbhai Durlabbhai Gohil          Hotel Leopold           Firearm injuries
      14   Hidayatullah Anwarali Kazi           Hotel Leopold           Firearm injuries





      15   Malyesh Manvendra Banarjee           Hotel Leopold           Blast injuries
      16   Gourav Balchand Jain                 Hotel Leopold           Firearm injuries
      17   P.K.Gopalkrishnan                    Hotel Leopold           Firearm injuries
      18   Kamal Nanakram Motwani               Hotel Leopold           Firearm injuries
      19   Jurgen Hienrich Rudolf               Hotel Leopold           Firearm injuries
      20   Daphne Hilary Schmidt                Leopold                 Firearm injuries
      21   Hemant Kamlakar Karkare              Cama Out                Firearm injuries
      22   Ashok Marutirao Kamate               Cama Out                Firearm injuries




                                                              ::: Downloaded on - 09/06/2013 16:53:01 :::
     AJN                                                           CONF2.10-Kasab
                                            78




                                                                                     
                                                             
    Sr.No           Name of the Deceased           Place of Death        Nature of injury


      1.                           2                     3                       4
      23    Vijay Sahadev Salaskar                Cama Out             Firearm injuries




                                                            
      24    Bapurao Sahebrao Durgude              Cama Out             Firearm injuries
      25    Balasaheb     @     Nana   Chandrakant Cama Out            Firearm injuries
            Bhosale
      26    Arun Raghunath Chite                  Cama Out             Firearm injuries




                                                
      27    Jayawant Hanumant Patil               Cama Out             Firearm injuries
      28    Yogesh Shivaji Patil                  Cama Out             Firearm injuries
      29
      30
            Surendrakumar Bindu Rama
            Prakash Pandurang More
                                    ig            Cama Out
                                                  Cama in
                                                                       Firearm injuries
                                                                       Firearm injuries
      31    Vijay Madhukar Khandekar              Cama in              Firearm injuries
                                  
      32    Baban Balu Ughade                     Cama in              Firearm injuries
      33    Bhanu Devu Narkar                     Cama in              Firearm injuries
      34    Thakur Budha Vaghela                  Cama in              Firearm injuries
      35    Bhagan Gangaram Shinde                Cama in              Blast injuries
        

      36    Shivashankar Nirant Gupta             Cama in              Firearm injuries
      37    T.Suda Hisashi                        Hotel Oberoi         Firearm injuries
     



      38    Murad Amarsi                          Hotel Oberoi         Firearm injuries
      39    Loumiya Hiridaji Amarsi               Hotel Oberoi         Firearm injuries
      40    Scherr Alan Michael                   Hotel Oberoi         Firearm injuries





      41    Neomi Leiya Sher                      Hotel Oberoi         Firearm injuries
      42    Sandeep Kisan Jeswani                 Hotel Oberoi         Firearm injuries
      43    Lo Hawei Yen                          Hotel Oberoi         Firearm injuries
      44    Jhirachant Kanmani @ Jina             Hotel Oberoi         Firearm injuries
      45    Altino D' Lorenjo                     Hotel Oberoi         Firearm injuries





      46    Brett Gilbert Tailor                  Hotel Oberoi         Firearm injuries
      47    Farukh Dinshaw                        Hotel Oberoi         Firearm injuries
      48    Reshama Sunil Parikh                  Hotel Oberoi         Firearm injuries
      49    Sunil Shevantilal Parekh              Hotel Oberoi         Firearm injuries




                                                             ::: Downloaded on - 09/06/2013 16:53:01 :::
     AJN                                                         CONF2.10-Kasab
                                         79




                                                                                   
                                                           
    Sr.No Name of the Deceased                Place of Death         Nature of injury


      1.                     2                        3                        4




                                                          
      50   Ajit Shrichand Chabriya            Hotel Oberoi           Firearm injuries
      51   Sanjay Vijay Agarwal               Hotel Oberoi           Firearm injuries
      52   Rita Sanjay Agarwal                Hotel Oberoi           Firearm injuries
      53   Mohit Kanhaiyalal Harjani          Hotel Oberoi           Firearm injuries




                                             
      54   Monika Ajit Chabriya               Hotel Oberoi           Firearm injuries
      55   Harsha Mohit Harjani               Hotel Oberoi           Firearm injuries
      56
      57
           Ravi Dara
           Uma Vinod Gark
                               ig             Hotel Oberoi
                                              Hotel Oberoi
                                                                     Firearm injuries
                                                                     Firearm injuries
      58   Pankaj Somchand Shah               Hotel Oberoi           Blast injuries
                             
      59   Ashok Kapoor                       Hotel Oberoi           Firearm injuries
     60.   Anand Suryadatta Bhatt             Hotel Oberoi           Firearm injuries
      61   Rohington Bajji Mallu              Hotel Oberoi           Firearm injuries
      62   Kannubhai Zaverbhai Patel          Hotel Oberoi           Firearm injuries
        


      63   Ami Bipinichandra Thaker           Hotel Oberoi           Firearm injury
      64   Jordan Geigy Fernandise            Hotel Oberoi           Firearm injuries
     



      65   Neeta Prakash Gaikwad              Hotel Oberoi           Blast injuries
      66   Shaunak Jayawant Chemburkar        Hotel Oberoi           Firearm injuries
      67   Wilson Baburao Mandalik            Hotel Oberoi           Firearm injuries





      68   Sarjerao Sadashiv Bhosale          Hotel Oberoi           Firearm injuries
      69   JasminMahendrasingh Burji          Hotel Oberoi           Firearm injuries
      70   Sanjy Sambhajirao Surve            Hotel Oberoi           Firearm injuries
      71   Bimolchand Maibam                  Hotel Oberoi           firearm injuries
      72   Mohabbat Umer Abdul Khalid         Vile Parle             Blast    injuries





      73   Laxminarayan Goyal                 Vile Parle             Blast injuries
      74   Mrs.Jarina Samsuddin Shaikh        Mazgaon                Blast injuries
      75   Fulchandra Ramchandra Bind         Mazgaon                Blast    injuries




                                                           ::: Downloaded on - 09/06/2013 16:53:01 :::
     AJN                                                              CONF2.10-Kasab
                                            80




                                                                                        
                                                                
    Sr.No Name of the Deceased                     Place of Death         Nature of injury




                                                               
      1.                     2                              3                       4
      76   Mrs.Reema Mohamad Rabivul               Mazgaon                Blast injuries
      77   Shashank Chandrasen Shinde              C.S.T.                 Firearm injuries
      78   Hamina Begum Hamid Shaikh               C.S.T.                 Firearm injuries




                                                
      79   Ashraf Ali Allahrakha Shaikh            C.S.T.                 Firearm injuries
      80   Ajij Nabilal Rampure   ig               C.S.T.                 Firearm injuries
      81   Aakash Akhilesh Yadav                   C.S.T.                 Firearm injuries
      82   Mukesh Bhikaji Jadhav                   C.S.T.                 Firearm injuries
      83   Sitaram Mallapa Sakhare                 C.S.T.                 Firearm injuries
                                
      84   Rahamtulla Ibrahim                      C.S.T.                 Firearm injuries
      85   Mishrilal Mourya Shri Garib Mourya      C.S.T.                 Firearm injuries
      86   Vinod Madanlal Gupta                    C.S.T.                 Firearm injuries
        

      87   Sunil Ashok Thackare                    C.S.T.                 Firearm injuries
      88   Haji Ejaj Bhai Imamsaheb Dalal          C.S.T.                 Firearm injuries
     



      89   Mira Narayan Chattarji                  C.S.T.                 Blast injuries
      90   Shirish Sawla Chari                     C.S.T.                 Firearm injuries
      91   Sushilkumar Vishwambhar Sharma          C.S.T.                 Firearm injuries
      92   Murlidhar Laxman Choudhary              C.S.T.                 Firearm injuries





      93   Ambadas Ramchandra Pawar                C.S.T.                 Firearm injuries
      94   Jaikumar Durairaj Nadar                 C.S.T.                 Firearm injuries
      95   Deepali Janardhan Chitekar              C.S.T.                 Blast injuries
      96   Raju Janardhan Chitekar                 C.S.T.                 Blast injuries





      97   Aditya Ashok Yadav                      C.S.T.                 Firearm injuries
      98   Isibul Raheman Faizuddin       Raheman C.S.T.                  Firearm injuries
           Shaikh
      99   Prakash Janath Mandal                   C.S.T.                 Firearm injuries
     100 Harakha Lalji Solanki                     C.S.T.                 Firearm injuries




                                                                ::: Downloaded on - 09/06/2013 16:53:02 :::
     AJN                                                        CONF2.10-Kasab
                                        81




                                                                                  
                                                          
    Sr.No Name of the Deceased               Place of Death         Nature of injury


      1.                   2                          3                       4




                                                         
     101 Mohamed Amanat Mohamad Ali          C.S.T.                 Firearm injuries
     102 Sarafraz Sallauddin Ansari          C.S.T.                 Firearm injuries
     103 Ayub Yakub Qureshi                  C.S.T.                 Firearm injuries
     104 Afarin Shahadab Qureshi             C.S.T.                 Firearm injuries
                                                                    to the liver




                                            
     105 Avadesh Sudama Pandit               C.S.T.                 Firearm injuries


     107 Manohar Sohani
                              
     106 Chandulal Kashinath Tandel          C.S.T.
                                             C.S.T.
                                                                    Firearm injuries
                                                                    Firearm injuries
     108 Mohamad Hussain Mohamad Alamgir C.S.T.                     Firearm injuries
         Shaikh
                             
     109 Murtaza Ansari Sallauddin Ansari    C.S.T.                 Firearm injuries
     110 Mohamad Arif Mohamed Islam Ansari   C.S.T.                 Firearm injuries
     111 Mohamad Mukhtar Malik               C.S.T.                 Firearm injuries
        

     112 Abbas Rajjab Ansari                 C.S.T.                 Firearm injuries
     113 Unknown Male person                 C.S.T.                 Firearm injuries
     



     114 Mrs.Gangabai Baburao Kharatmol      C.S.T.                 Firearm injuries
     115 Narul Islam Ajahar Mulla            C.S.T.                 Air blast injury
     116 Murgan Palaniya Pillai              C.S.T.                 Blast injuries
     117 Rakhila Abbas Ansari                C.S.T.                 Firearm injuries





     118 Nitesh Vijaykumar Sharma            C.S.T                  Firearm injuries
     119 Fatmabi Rehaman Shaikh              C.S.T.                 Firearm injuries
     120 Meenu Arjun Ansari                  C.S.T.                 Firearm injuries
     121 Mohamad Itihas Ansari               C.S.T.                 Firearm injuries





     122 Mastan Munir Qureshi                C.S.T.                 Firearm injuries
     123 M.V.Anish                           C.S.T.                 Multiple injuries
     124 Upendra Birju Yadav                 C.S.T.                 Firearm injuries
     125 Unknown Male person                 C.S.T.                 Head injury




                                                          ::: Downloaded on - 09/06/2013 16:53:03 :::
     AJN                                                            CONF2.10-Kasab
                                           82




                                                                                      
                                                              
    Sr.No Name of the Deceased                   Place of Death         Nature of injury


      1.                     2                            3                       4




                                                             
     126 Poonam Bharat Navadia                   C.S.T.                 Firearm & blast
                                                                        injury
     127 Baichan Ramprasad Gupta                 C.S.T.                 Blast injury
     128 Nathuni Parshuram Yadav                 C.S.T.                 Firearm injuries
     129 Amarchand Naran Solanki                 Boat Kuber             slitting of throat




                                               
     130 Tukaram Gopal Ombale                    Vinoli Chowpaty        Firearm injuries


     132 Rahul Subhash Shinde
                             
     131 Major Sandip Unnikrishnan               Hotel Taj
                                                 Hotel Taj
                                                                        Firearm injuries
                                                                        Firearm injuries
     133 Zaheen Sayyed Nisar         Ali   Jafary Hotel Taj             Firearm injuries
         Mateen
                            
     134 Andres Don Livera                       Hotel Taj              Firearm injuries
     135 Gunjan Vishandas Narang                 Hotel Taj              Firearm injuries
     136 Vishandas Giridharidas Narang           Hotel Taj              Firearm injuries
        

     137 Vijayrao Anandrao Banja                 Hotel Taj              Firearm injuries
     138 Sadanand Ratan Patil                    Hotel Taj              Firearm injuries
     



     139 Thomas Verghese                         Hotel Taj              Firearm injuries
     140 Ravi Jagan Kunwar                       Hotel Taj              Firearm injuries
     141 Boris Mario Do Rego                     Hotel Taj              Firearm injuries
     142 Satpakkam Rahmatulla Shaukatali         Hotel Taj              Firearm injuries





     143 Faustine Basil Martis                   Hotel Taj              Firearm injuries
     144 Kaizad Naushir Kamdin                   Hotel Taj              Firearm injuries
     145 Neelam Vishandas Narang                 Hotle Taj              Firearm injuries
     146 Rupinder Devenersing Randhava           Hotle Taj              Firearm injuries





     147 Eklak Ahmed Mustak Ahmed                Hotle Taj              Firearm injuries
     148 Maksud Tabarakali Shaikh                Hotel Taj              Firearm injuries
     149 Feroz Jamil Ahmed Khan                  Hotel Taj              Firearm injuries
     150 Teitelbaum Aryeh Levish                 Hotle Taj              Firearm injuries




                                                              ::: Downloaded on - 09/06/2013 16:53:03 :::
     AJN                                                            CONF2.10-Kasab
                                           83




                                                                                      
                                                              
    Sr.No Name of the Deceased                    Place of Death        Nature of injury




                                                             
      1.                     2                            3                       4
     151 Duglas Justin Markell                    Hotle Taj             Firearm injuries




                                               
     152 Chaitilal Gunish                         Hotel Taj             Firearm injuries
     153 Willem Jan Berbaers                      Hotel Taj             Firearm injuries
     154 Nitisingh Karamveer Kang
                                 ig               Hotel Taj             Shock
                                                                        burn
                                                                                   due     to


     155 Samarveer Singh         Karamveer Singh Hotel Taj              Firearm injuries
                               
         Kang
     156 Udaysingh Karamveer Singh Kang           Hotel Taj             Shock      due     to
                                                                        burn
     157 Sabina Saigal Saikia                     Hotle Taj             Shock due          to
                                                                        injuries
        


     158 Hemlata Kashi Pillai                     Hotel Taj             burn injury
     



     159 Rajiv Omprakash Sarswat                  Hotel Taj             Shock      due     to
                                                                        burn
     160 Gutam Devsingh Gosai                     Hotel Taj             Firearm injuries
     161 Rajan Eshwar Kamble                      Hotel Taj             Firearm injuries





     162 Burki Ralph Rainer Jachim                Hotel Taj             Shock due        to
                                                                        multiple injuries
     163 Hemant Pravin Talim                      Hotel Taj             Firearm injuries
     164 Shoeb Ahmed Shaikh                       Hotel Taj             Firearm injuries
     165 Michael Stuart Moss                      Hotel Taj             Firearm injuries





     166 Elizabeth Russell                        Hotel Taj             Firearm injuries




58. Following Table No.3 states the names of the injured persons, the places where they got injured and the nature of injuries suffered by them. Some of them were ::: Downloaded on - 09/06/2013 16:53:04 ::: AJN CONF2.10-Kasab 84 examined in the court. Some of them have filed evidence on affidavit under Section 296 of the Code. That the persons mentioned in this table were injured at the places mentioned there and the nature of their injuries is not disputed.

TABLE NO.3 Sr.

No 1 PW.

No.

2

Name of the injured 3 Place incident 4 of Nature injury 5 of 1 - Mukesh Bhagwatprakash Agarwal C.S.T. Bullet 2 62 Sudam Aba Pandarkar C.S.T. Bullet 3 - Nisha Anilkumar Yadav C.S.T. Bullet 4 - Jangam Vithalrao Bokade C.S.T. Bullet 5 518 Prakash Sohanlal Phalore C.S.T. Bullet 6 517 Balu Bandu More C.S.T. Bullet 7 506 Anilkumar Rajendra Yadav C.S.T. Bullet 8 516 Murlidhar Chintu Zole C.S.T. Bullet 9 63 Pandurang Subrao Patil C.S.T. Bullet 10 - Parasnath Ramsoman Giri C.S.T. Bullet 11 - Firozkhan Khusnurkhan Ghauri C.S.T. Bullet 12 - Raziyabegum Noor Qureshi C.S.T. Bullet 13 519 Ramji Yabad Napit C.S.T. Bullet 14 69 Vishal Prakash Kardak C.S.T. Brush 15 510 Shambunath Munai Yadav C.S.T. Bullet 16 56 Kishor Vinayak Kale C.S.T. Bullet 17 88 Ansarallh Saudaarallh Baksh C.S.T. Bullet Mohd. Hanif 18 89 Harshada Suhas Salaskar C.S.T. Bullet 19 - Sarita Shantaram Harkulkar C.S.T. Bullet 20 - Neeta Gajanan Kurhade C.S.T. Bullet 21 - Ajamat Ali Narhu Sha C.S.T. Bullet ::: Downloaded on - 09/06/2013 16:53:04 ::: AJN CONF2.10-Kasab 85 Sr. PW. Name of the injured Place of Nature of No No. incident injury 22 504 Pappusing Mannusingh C.S.T. Bullet 23 64 Punamsingh Santosh Singh C.S.T. Bullet 24 - Maltidevi Madan Gupta C.S.T. Bullet 25 - Sulochana chandrakant Lokhande ig C.S.T.

26 - Vijay Ramchandra Khote C.S.T. Bullet 27 - Mumtaz Mohd. Yusuf Khan C.S.T. Bullet 28 - Pappu Laldev Jawahar Laldev C.S.T. Bullet 29 87 Niranjan Sadashiv Sardar C.S.T. Bullet 30 - Shabir Abdul Salam Dalal C.S.T. Bullet 31 515 Fakir Mohd. Abdul Gafoor C.S.T. Bullet 32 - Laxman Shivaji Hundkeri C.S.T. Bullet 33 - Akshay Tanaji Supekar C.S.T. Bullet 34 524 Bharat Shyam Nawadia C.S.T. Bullet 35 - Nimba Shampuri Gosavi C.S.T. Bullet 36 521 Adhikrao Dyanu Kale C.S.T. Bullet 37 - Mahadev Datta Petkar C.S.T. Bullet 38 - Santoshkumar Faujdarsing Yadav C.S.T. Bullet 39 513 Alok Harilal Gupta C.S.T. Bullet 40 527 Prashant Purnachandra Das C.S.T. Bullet 41 - Miraj Alam Ali Mulla Ansari, C.S.T. Bullet 42 - Abdul Rashid Abdul Aziz C.S.T. Bullet 43 - Abdul Salam Shaikh S. Qureshi C.S.T. Bullet ::: Downloaded on - 09/06/2013 16:53:05 ::: AJN CONF2.10-Kasab 86 Sr. PW. Name of the injured Place of Nature of No No. incident injury 44 - Akhilesh Dyanu Yadav C.S.T. Bullet 45 - Ramzan Sahrif Kadar Sharif C.S.T. Bullet 46 505 Habibul Mohd. Sukurddin Khan ig C.S.T. Bullet 47 - Mohd. Siddiqu Mohd. Sagir Alam C.S.T. Bullet 48 - Sachinkumar Singh Santoshkumar C.S.T. Blast Singh 49 - Tejas Arjungi C.S.T. Bullet 50 53 Nafisa Sadaf Qureshi C.S.T. Bullet 51 507 Laji Jagganath Pandye C.S.T. Bullet 52 - Shamshad Dalal C.S.T. Blast 53 - Baby Ashok Yadav C.S.T. Bullet 54 512 Ashok Bhimappa Renetala C.S.T. Blast 55 - Shital Upendra Yadav C.S.T. Blast 56 523 Vijaya Ramkomal Kushwah C.S.T. Bullet 57 - Asha Shridhar Borde C.S.T. Bullet 58 - Vatsala Sahadev Kurhade C.S.T. Bullet 59 - Chandrakant Ganpatirao Lokhande C.S.T. Bullet 60 - Abdul Razak Farukh Nasiruddin C.S.T. Blast 61 52 Farukh Nasiruddin Khaliluddin C.S.T. Blast 62 525 Anilkumar Dyanoji Harkulkar C.S.T. Bullet 63 522 Uttam Vishnu Sasulkar C.S.T. Bullet 64 - Afroz Abbas Ansari C.S.T. Bullet ::: Downloaded on - 09/06/2013 16:53:05 ::: AJN CONF2.10-Kasab 87 Sr. PW. Name of the injured Place of Nature of No No. incident injury 65 - Dadarao Rambhoji Jadhav C.S.T. Blast 66 - Suryabhan Sampat Gupta C.S.T. Blast 67 508 Sanjay Nemchandra Yadav C.S.T. Bullet 68 509 Ratankumarji Kanhayaprasad C.S.T. Blast/Bullet 69 -

Yadav Jagendrakumar Mishra ig Kailashkumar C.S.T. Blast 70 - Gopal Julena Prajapati C.S.T. Bullet 71 86 Sangita Niranjan Sardar C.S.T. Blast 72 - P. Nirmala C.S.T. Blast 73 - P. Ponuraj C.S.T. Bullet 74 - Mohan Bharti C.S.T. Bullet 75 - Sushant Nityanand Panda C.S.T. Bullet 76 - Annasaheb Ambu Waghmode C.S.T. Bullet 77 - T. Thavasi Parnal C.S.T. Bullet 78 - Anand Bhimrao Arjun C.S.T. Bullet 79 - Kanhayya Kedarnath Sahani C.S.T. Bullet 80 - Vibha Ashokkumar Singh C.S.T. Bullet 81 - Beti Alfonso C.S.T. Bullet 82 - Indraraj Luise C.S.T. Bullet 83 - Jayram Harilal Chawan C.S.T. Bullet 84 - Sunita Upendra Yadav C.S.T. Bullet 85 - Sushama Akhilesh Yadav C.S.T. Bullet 86 520 Vishveshwar Shishupal Pacharne C.S.T. Bullet ::: Downloaded on - 09/06/2013 16:53:06 ::: AJN CONF2.10-Kasab 88 Sr. PW. Name of the injured Place of Nature of No No. incident injury 87 49 Bharat Ramchandra Bhosale C.S.T. Bullet 88 Raviranjan Shriram Virendra C.S.T. Bullet 89 - Priyanka Chitaranjan Giri C.S.T. abrasion 90 - Imran Shakur Bhagwan C.S.T. Bullet 91 92
-
-
Rekha Shyam Rathod Barjrang Jaykaran Prajapati C.S.T.
C.S.T.
Bullet Bullet 93 - Satyanand Karunakaro Behra C.S.T. Bullet 94 51 Devika Natvarlal Rotawan C.S.T. Bullet 95 526 Sadahiv Chandrakant Kolke C.S.T. Bullet 96 514 Ganpat Gangaram Shigwan C.S.T. Bullet 97 - Manoj Prafulchandra Kanojia C.S.T. Bullet 98 - Balaji Baburao Kharatmol C.S.T. Bullet 99 - Mehboob Abbas Ansari C.S.T. Bullet 100 - Asif Abdul Rafik Shaikh C.S.T. -

101 - Raghvendra Banvasi Singh C.S.T. - 102 - Ashok Keshwanand Singh C.S.T. -

103 - Radhadevi Bodhiram Sahani C.S.T. - 104 - Tapasi Taramniggam Nadar C.S.T. - 105 511 Ganesh Sitaram Sakhare C.S.T. Bullet 106 - Sayyed Shahnavaz Sayyed Salim C.S.T. -

Mujawar 107 - Arvind Gopinath Bhalekar C.S.T. Blast 108 - Shivram Vijay Sawant C.S.T. -

      109    -    Ashok Shivram Patil              C.S.T.                Bullet




                                                            ::: Downloaded on - 09/06/2013 16:53:06 :::
     AJN                                                             CONF2.10-Kasab
                                                89




                                                                                       
                                                               
      Sr.       PW.       Name of the injured         Place             of Nature           of
      No        No.                                   incident             injury




                                                              
     110    118       Sadanand Vasant Date            Cama In               Blast
     111    112       Vijay Abaji Shinde              Cama In               Bullet




                                                    
     112    469       Vijay Tukaram Powar             Cama In               Blast
     113    471       Mohan Dyanoba Shinde
                                   ig                 Cama In               Bullet & Blast
     114    470       Sachin Dadasaheb Tilekar        Cama In               Bullet & Blast
     115    472       Vinayak Chintaman Dandgawhal    CST                   Bullet
                                 
     116    473       Hirabai Vilas Jadhav            Cama In               Bullet
     117    109       Chandrakant Dyandev Tikhe       Cama In               Blast
     118    111       Kailash Chandrabhan Ghegadmal   Cama In               Blast

     119    106       Harischandra Sonu Shrivardhankar Cama In              Bullet
        


     120    136       Arun Dada Jadhav                Cama Out              Bullet
     



     121    139       Maruti Mahdevrao Phad           Cama Out              Bullet
     122    456       Mohd. Asif Abdul Gani Memon     Cama Out              Bullet
     123    454       Shankar Bhanusaheb Vhande       Cama out              Bullet
     124    457       Kalpanth Jitai Singh            Cama out              Bullet





     125    453       Anil Mahadev Nirmal             Cama out              Bullet
     126    455       Prashant Sadashiv Koshti        Cama out              Bullet
     127    2         Sanjay Yeshwant Govilkar        Vinoli                Bullet
     128    171       Shyam Sunder Choudhary          Vile Parle            Blast
     129    490       Balkrishna Ramchandra Bore      Vile Parle            Blast





     130    -         Roldan Glandson Ayman           Vile Parle            Blast
     131    -         Shabbir Tahirna Naruddin        Oberoi                Bullet




                                                               ::: Downloaded on - 09/06/2013 16:53:07 :::
     AJN                                                         CONF2.10-Kasab
                                                90




                                                                                   
                                                           
      Sr.       PW.      Name of the injured         Place          of Nature           of
      No        No.                                  incident          injury




                                                          
     132    452       Chandresh Harjiwandas Vyas     Oberoi             Bullet




                                                    
     133    447       Apurva Natwarlal Parekh        Oberoi             Bullet
     134    -         Amardeep Harkisan Sethi
                                   ig                Oberoi             Bullet
     135    -         Sidharth Rajkumar Tyagi        Oberoi             Bullet
     136    448       Dinaj Puranchand Sharma        Oberoi             Bullet
     137    -         Drasuz Sobizuski               Oberoi             Bullet
                                 
     138    -         Linda Oricistala Rangsdel      Oberoi             Bullet
     139    -         Alisa Micheal                  Oberoi             Bullet
     140    -         Andolina Waokta                Oberoi             Bullet
        

     141    -         Helan Connolly                 Oberoi             -
     142    -         Jahid Jibad Mebyar             Oberoi             Bullet
     



     143    -         She Fung Chein                 Oberoi
     144    -         Reshma Sanjay Khiyani          Oberoi             Bullet & Blast
     145    -         C.M.Puri                       Oberoi
     146    -         Imran Jan Mohd. Merchant       Trident            Bullet





     147    451       Virendra Pitamber Semwal       Trident            Bullet
     148    450       Joseph Joy Pultara             Trident            Bullet
     149    -         Appasaheb Maruti Patil         Trident            Bullet
     150    446       Gangaram Suryabhan Borde       Trident            Bullet





     151    -         Anil Bhaskar Kolhe             Trident
     152    449       Ranjit Jagganath Jadhav        Trident            Bullet
     153    -         Capt. A.K.Sing                 Oberoi              Blast
     154    -         Camando Manish                 Oberoi             Blast
     155    -         Deepak Narsu Dhole             Taj                Burn




                                                           ::: Downloaded on - 09/06/2013 16:53:07 :::
     AJN                                                     CONF2.10-Kasab
                                            91




                                                                               
      Sr.   PW.       Name of the injured        Place          of Nature           of




                                                       
      No    No.                                  incident          injury




     156    493   Nitin Digamber Kakde           Taj                Blast




                                                      
     157    500   Ashok Laxman Pawar             Taj                Inhalation
                                                                    injury
     158    501   Arun Sarjerao Mane             Taj                Inhalation
                                                                    injury
     159    502   Saudagar Nivruti Shinde        Taj                Inhalation lung




                                                
                                                                    injury
     160    499   Amit Raghnuath Khetle          Taj                Bullet
     161
     162
            503
             -
                                
                  Shankar Shamrao Pawar
                  Samadhan Shankar More
                                                 Taj
                                                 Taj
                                                                    Bullet
                                                                    -
     163     -    Sanjay Uttam Gomase            Taj                -
                               
     164     -    Rafal Godas                    Taj                -
     165     -    Maria Roza Romero              Taj                -
     166     -    Saymond Helis                  Taj                Bullet
     167    497   Sajesh Narayan Nair            Taj                Bullet
        


     168    496   Nitin Satishkumar Minocha      Taj                Bullet
     



     169    188   Adil Rohengtan Irani           Taj                Burn
     170    492   Ashish Ankush Patil            Taj                Leg injury
     171          Iyujin Tan Jhonsi              Taj
     172    495   Jagdish Waman Gujran           Taj                Bullet





     173     -    Hanifa Bilakiya                Taj                Bullet
     174     -    Anjum Gaful Bilakiya           Taj                -
     175     -    Yuti Barnad                    Taj                -
     176    184   K.R.Rammurthi                  Taj
     177     -    Vinay Keshavaji Kuntawala      Taj                wound      over





                                                                    left  side   of
                                                                    ankle
     178     -    Deepak Pramod Gupta            Taj                -
     179     -    Pragati Deepak Gupta           Taj                -
     180     -    Mohanlal Pratap Taware         Taj                -




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                                            92




                                                                                
                                                        
      Sr.   PW.       Name of the injured         Place          of Nature           of
      No    No.                                   incident          injury




                                                       
     181     -    Sunil Kumar Jodha               Taj
     182     -    Vishwanath Maruti Gaikwad       Taj                Burn
     183    494   Naushir Firoz Sanjana           Taj                Bullet




                                                 
     184    498   Rakesh Harischandra Chawan      Taj                Bullet
     185    474   Pravin Pandurang Sawant
                               ig                  Leopold           Bullet
     186    489   Nivruti Baburao Gavhane         Leopold            Bullet
     187     -    Munira ul Rayesi                Leopold            Bullet
     188     -    Faizal Miran Sabil ul Gidgali   Leopold            Bullet
                             
     189     -    Asma un Rayesi                  Leopold            Bullet
     190     -    Devid John Kokar                Leopold            Blast
     191    562   Katherin Austin                 Leopold            Bullet
     192    477   Ijas Abdul Karupadan Kuddi      Leopold            Bullet
        


     193    475   Kunal Prakash Jaiswani          Leopold            Blast
     



     194     -    Harnish Patel                   Leopold            Blast
     195     -    Micle Charles Merphi            Leopold            Bullet & Blast
     196     -    Riyan Micle Merphi              Leopold            Blast
     197    480   Ramchandra Selumadhav Nair      Leopold            Bullet





     198    481   Bharat Sasuprasad Gujar         Leopold            Blast
     199     -    Anamika Bholanath Gupta         Leopold            Bullet
     200    482   Rasika Krushna Sawant           Leopold            Blast
     201    483   Mohd. Parvez Aslam Ansari       Leopold            Bullet
     202     -    Minakshi Raghubhai Dattaji      Leopold            Bullet





     203    486   Fanishang Misha Bhishum         Leopold            Bullet
     204     -    Bhaskar Paddu Dewadiga          Leopold            Bullet
     205    485   Manoj Bahadur Thakur            Leopold            Bullet




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                                             93




                                                                                   
                                                           
      Sr.   PW.       Name of the injured            Place          of Nature           of
      No    No.                                      incident          injury




                                                          
     206    476   Ransale Gilbert Santhumayor         Leopold           Bullet/Blast




                                                 
     207    484   Mohd. Ayub Mohd. Abdul Ansari       Leopold           Bullet
     208    488   Prashant Vasant Tambe
                               ig                     Leopold           Bullet/Blast
     209     -    Benjamin Jerold Methis              Leopold           Blast
     210    487   Naresh Mulchand Jumani              Leopold           Bullet
     211    478   Nilesh Mahendra Gandhi              Leopold           Bullet/Blast
                             
     212    479   Prakash Satan Bharwani              Leopold           Bullet/Blast
     213    439   Prakash Rawji Surve                Nariman            Bullet
     214    440   Bablu Rajsing Yallam               Nariman            Bullet
        

     215    441   Sanjay Laxman Katar                Nariman            Blast
     216    442   Vijay Ankush Falke                 Nariman            Bullet
     



     217    443   Ashok Babu Sunnap                  Nariman            Bullet
     218    444   Pradosh Prakash Perekar            Nariman            Blast
     219    445   Anil Sakharam Varal                Nariman            Blast
     220     -    Rajendraprasad           Ramchandra Mazgaon           Blast





                  Maurya
     221    467   Mukhtar Shriniwas Shaikh           Mazgaon            Blast
     222     -    Abdul Salim Shaikh                 Mazgaon            Blast
     223    460   Sanju Kurshna Ghorpade             Mazgaon            Blast
     224    462   Saiddiqui Firoz Shaikh             Mazgaon            Blast





     225     -    Shahbaz Juber Khan                 Mazgaon            Blast
     226    466   Heena China Shaikh                 Mazgaon            Blast
     227    461   Manorabagum Ali Akbar Shaikh       Mazgaon            Blast
     228          Sabira Majid Khan                  Mazgaon            Blast




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                                                 94




                                                                                      
                                                              
      Sr.       PW.       Name of the injured           Place          of Nature           of
      No        No.                                     incident          injury




                                                             
     229    459       Hawa Abdul Salim Shaikh           Mazgaon            Blast
     230    465       Rahaman Ali Akbar Shaikh          Mazgaon            Blast
     231    458       Manoharabegum        Ali    Ahmed Mazgaon            Blast
                      Shaikh




                                                     
     232    -         Sohel Abdul Shaikh                Mazgaon            Blast
     233    -         Kabir Bablu Shaikh                Mazgaon            Blast
     234
     235
            -
            -
                                  
                      Kulsum Babu Shaikh
                      Jasmin Babu Shaikh
                                                        Mazgaon
                                                        Mazgaon
                                                                           Blast
                                                                           Blast
     236    -         Imran Mohd. Shafi Pathari         Mazgaon            Blast
                                 
     237    468       Kanhaikumar Harikishor Paswan     Mazgaon            Blast
     238    463       Shamin Rauf Shaikh                Mazgaon            Blast
        
     



59. It would also be necessary to reproduce Table No.4 incorporated by learned Sessions Judge in respect of witnesses who had either carried the dead bodies to the hospital from the places of the incidents or who had seen the dead bodies at the places of incidents, names of the deceased, names of the places of incidents and the date on which they were carried to the hospitals.

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                                     TABLE NO.4




                                                           

LIST OF WITNESSES WHO CARRIED OR HAD SEEN DEAD BODIES OF THE DECEASED 1 2 3 4 5 Sr. Name of the Name of witnesses Place of Name of the No deceased who carried or had incident ig hospitals & seen the dead Date bodies 1 Salim Hussain Mr.Mohd. Salim Nariman House St.George's Harharwala Harharwala (PW 206) hospital 26-11-2008 2 Mehzabin @ Maria Mr.Mohd. Salim Nariman House St.George's Salim Harharwala Harharwala (PW 206) hospital 26-11-2008 3 Rivka Gavriel Mr.Kishor Rajaram Nariman House J.J.Hospital Holtzberg Jagdale (PW 627) 28-11-2008 4 Rabbi Gavriel Mr.Sachin Shrikant Nariman House J.J.Hospital Noach Holtzberg Thik (PW 613) 28-11-2008 5 Gajendra Singh Mr.Vijay Madhavrao Nariman House J.J.Hospital Kore (PW 630) 28-11-2008 6 Ben Zion Chroman Mr.Prashant Vithal Nariman House J.J.Hospital Gardi (PW 629) 29-11-2008 7 Norma Shvarzblat Mr.Prakash Manohar Nariman House J.J.Hospital Robinovich Tulaskar (PW 628) 29-11-2008 8 Rajendrakumar - - -

Baburam Sharma ::: Downloaded on - 09/06/2013 16:53:09 ::: AJN CONF2.10-Kasab 96 1 2 3 4 5 Sr. Name of the Name of witnesses Place of Name of the No deceased who carried or had incident hospitals & seen the dead Date bodies 9 Yokeved Mosho Mr.Prakash Manohar Nariman House J.J.Hospital Orpaz Tulaskar (PW 628) 29-11-2008 10 Subhash Vanmali Mr.Bharat Wanmani Leopold J.J.Hospital Vaghela Waghela (PW 303) 27-11-2008 11 Pirpashi Mehboobali Mr.Farzad Sheriyar Leopold St.George's/ Shaikh Jehani (PW 533) ig G.T.Hospital 26&27-11 2008 12 Shahabuddin Mr.Lalu Manjiram Leopold St.George's Sirajuddin Khan Bhojane(PW 626) 26-11-2008 13 Harishbhai Mr.Tushar Bhanudas Leopold St.George's Durlabbhai Gohil Gaikwad (PW 625) 26-11-2008 14 Hidayatullah Mr.Farzad Sheriyar Leopold St.George's/ Anwarali Kazi Jehani (PW 533) G.T.Hospital 26&27-11 2008 15 Malyesh Manvendra Mr.Farzad Sheriyar Leopold St.George's/ Banarjee Jehani (PW 533) G.T.Hospital 26&27-11 2008 16 Gourav Balchand Mr.Farzad Sheriyar Leopold St.George's/ Jain Jehani (PW 533) G.T.Hospital 26&27-11 2008 17 P.K. Mr.Farzad Sheriyar Leopold St.George's/ Gopalkrishnan Jehani (PW 533) G.T.Hospital 26&27-11 2008 18 Kamal Nanakram Mr.Farzad Sheriyar Leopold St.George's/ Motwani Jehani (PW 533) G.T.Hospital 26&27-11 2008 19 Jurgen Hienrich Mr.Farzad Sheriyar Leopold St.George's/ Rudolf Jehani (PW 533) G.T.Hospital 26&27-11 2008 ::: Downloaded on - 09/06/2013 16:53:09 ::: AJN CONF2.10-Kasab 97 1 2 3 4 5 Sr. Name of the Name of witnesses Place of Name of the No deceased who carried or had incident hospitals & seen the dead Date bodies 20 Daphne Hilary Mr.Farzad Sheriyar Leopold St.George's/ Schmidt Jehani (PW 533 G.T.Hospital 26&27-11 2008 21 22 Hemant Karkare Ashok Kamlakar Mr.Nithin (PW 130) Mathane Cama Out Marutirai Mr.Nithin Mathane Cama Out J.J.Hospital 26-11-2008 Bombay Kamate (PW 130) Hospital 26-11-2008 23 Vijay Sahadev Mr.Shantilal Arujn Cama Out G.T.Hospital Salaskar Bhamre (PW 133) 26-11-2008 24 Bapurao Sahebrao Mr.Suresh Shantaram Cama out St.Georges Durgude Kadam (PW 138) 26-11-2008 25 Balasaheb @ Nana Mr.Arun Dada Jadhav Cama Out ---

Chandrakant (PW 136) 26-11-2008 Bhosale 26 Arun Raghunath Mr.Ashok D. Khedkar Cama Out G.T.Hospital Chite (PW 654) 27-11-2008 27 Jayawant Hanumant Mr.Arun Dada Jadhav Cama Out ---

          Patil             (PW 136)                                        26-11-2008
    28    Yogesh Shivaji Patil    Mr.Arun Dada Jadhav Cama Out              ---
                                  (PW 136)                                  26-11-2008
    29    Surendrakumar           Mr.Ashok D. Khedkar     Cama Out          G.T.Hospital
          Bindu Rama              (PW 654)                                  27-11-2008
    30    Prakash    Pandurang Mr.Sadanand Vasant Cama In                       ---





          More                 Date (PW 118)                                26-11-2008
    31    Vijay     Madhukar Mr.Sadanand Vasant Cama In                         ---
          Khandekar          Date (PW 118)                                  26-11-2008
    32    Baban Balu Ughade       Mr.Raosaheb Chagdev Cama In                     ---
                                  Funde (PW 107)                             26-11-2008
    33    Bhanu Devu Narkar       Mr.Kailash C.          Cama In                ---
                                  Ghegadmal (PW 111)                         26-11-2008




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      1             2                       3                      4                    5




                                                              
    Sr.   Name     of       the Name of witnesses Place                    of Name of the
    No    deceased              who carried or had incident                   hospitals &
                                seen   the    dead                            Date
                                bodies




                                                             
    34    Thakur         Budha Mr.Bharat Budhabhai Cama In                    G.T.Hospital
          Vaghela              Waghela(PW 103)                                26-11-2008




                                                
    35    Bhagan    Gangaram Mr.Bharat Budhabhai Cama In                      G.T.Hospital
          Shinde             Waghela(PW 103)                                  26-11-2008
    36    Shivashankar Nirant Mr.Bharat Budhabhai Cama In
                                ig                                            ----
          Gupta               Waghela(PW 103)                                 26-11-2008
    37    T.Suda Hisashi        Mr.Sushil       Atmaram Oberoi                Bhombay
                                Nagmote                                       Hospital
                              
                                (PW 621)                                      26-11-2008

    38    Murad Amarsi          Mr.Kripalsingh            Oberoi               PW 352 had
                                Sundersingh        Maan                       seen the dead
                                (PW     352-      Panch                       body at Oberoi
        

                                witness)                                      28-11-2008
    39    Loumiya        Hiridaji Mr.Arjun     Sakharam Oberoi                 PW 355 had
          Amarsi                  Sawant                                      seen the dead
     



                                  (PW     355-    Panch                       body at Oberoi
                                  witness)                                    28-11-2008
    40    Sher Alan Michael     Mr.Kripalsingh            Oberoi               PW 352 had
                                Sundersingh        Maan                       seen the dead





                                (PW     352-      Panch                       body at Oberoi
                                witness)                                      28-11-2008
     41   Neomi Leiya Sher      Mr.Shivaji   Shankar Oberoi                   J.J.Hospital
                                Pawar (PW 624)                                28-11-2008
    42    Sandeep          Kisan Mr.Abhimanyu Abhay Oberoi                     PW 351 had
          Jeswani                Lodha (PW 351- Panch                         seen the dead





                                 witness)                                     body at Oberoi
                                                                              28-11-2008
    43    Lo Hawai Yen          Mrs.Abhita     Ketan Oberoi                   PW 358 had
                                Chaudhary (PW 358 -                           seen the dead
                                panch witness)                                body at Oberoi
                                                                              28-11-2008




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      1             2                     3                    4                    5




                                                          
    Sr.   Name     of         the Name of witnesses Place              of Name of the
    No    deceased                who carried or had incident             hospitals &
                                  seen   the    dead                      Date
                                  bodies




                                                         
    44    Jhirachant    Kanmani Mr.Sunil   Atmaram Oberoi                    ----
          @ Jina                Nagmote (PW 621)                          27-11-2008




                                               
    45    Altino D' Lorenjo      Mr.Sunil   Atmaram Oberoi                   ----
                                 Nagmote (PW 621)                         26-11-2008
    46    Brett Gilbert Tailor   Mr.Sunil
                                  ig        Atmaram Oberoi                   ----
                                 Nagmote (PW 621)                         27-11-2008
    47    Farukh Dinshaw         Mr.Sunil   Atmaram Oberoi                   ----
                                 Nagmote (PW 621)                         26-11-2008
                                
    48    Reshama          Sunil Mr.Champala         Oberoi               PW 365 had
          Parikh                 Raichandji  Chouhan                      seen the dead
                                 (PW 365 - Panch                          body at Oberoi
                                 witness)                                 28-11-2008
    49    Sunil     Shevantilal Mr.Champala         Oberoi                PW 365 had
        

          Parekh                Raichandji  Chouhan                       seen the dead
                                (PW 365 - Panch                           body at Oberoi
                                witness)                                  28-11-2008
     



    50    Ajit     Shrichand Mr.Champala         Oberoi                   PW 365 had
          Chabriya           Raichandji  Chouhan                          seen the dead
                             (PW 365 - Panch                              body at Oberoi
                             witness)                                     28-11-2008





    51    Sanjay Vijay Agarwal Mr.Shrirang   Dnyanu Oberoi                J.J.Hospital
                               Jadhav (PW 623)                            28-11-2008
    52    Rita Sanjay Agarwal Mr.Ravindra    Anant Oberoi                    ----
                              Chavan (PW 612)                             27-11-2008
    53    Mohit     Kanhaiyalal Mr.Anant     Kashiram Oberoi              PW 353 had
          Harjani               Mandalik (PW 353 -                        seen the dead





                                Panch witness)                            body at Oberoi
                                                                          28-11-2008
    54    Monika Ajit Chabriya Mr.Arjun   Sakharam Oberoi                 PW 355 had
                               Sawan (PW 355- Panch                       seen the dead
                               witness)                                   body at Oberoi
                                                                          28-11-2008




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      1               2                  3                    4                    5
    Sr.   Name     of       the Name of witnesses Place               of Name of the
    No    deceased              who carried or had incident              hospitals &
                                seen   the    dead                       Date
                                bodies




                                                        
    55    Harsha Mohit Harjani Ms.Richa       Suhas Oberoi               PW 359 had
                               Thakur (PW 359 -                          seen the dead




                                              
                               panch witness)                            body at Oberoi
                                                                         28-11-2008
    56    Ravi Dara
                               
                                Mrs.Abhita     Ketan Oberoi
                                Chaudhary (PW 358-
                                Panch witness)
                                                                         PW 358 had
                                                                         seen the dead
                                                                         body at Oberoi
                                                                         28-11-2008
                              
    57    Uma Vinod Garg        Mrs.Abhita     Ketan Oberoi              PW 358 had
                                Chaudhary (PW 358-                       seen the dead
                                Panch witness)                           body at Oberoi
                                                                         28-11-2008
    58    Pankaj      Somchand Mr.Abhimanyu Abhay Oberoi                  PW 351 had
        

          Shah                 Lodha (PW 351- Panch                      seen the dead
                               witness)                                  body at Oberoi
     



                                                                         28-11-2008
    59    Ashok Kapoor          Mr.Abhimanyu Abhay Oberoi                 PW 351 had
                                Lodha (PW 351- Panch                     seen the dead
                                witness)                                 body at Oberoi
                                                                         28-11-2008





    60    Anand       Suryadatta Mr.Abhimanyu Abhay Oberoi                PW 351 had
          Bhatt                  Lodha (PW 351- Panch                    seen the dead
                                 witness)                                body at Oberoi
                                                                         28-11-2008
    61    Rohington Bajji Mallu Mr.Abhimanyu Abhay Oberoi                 PW 351 had
                                Lodha (PW 351- Panch                     seen the dead





                                witness)                                 body at Oberoi
                                                                         28-11-2008
    62    Kannubhai             Mr.Abhimanyu Abhay Oberoi                 PW 351 had
          Zaverbhai Patel       Lodha (PW 351- Panch                     seen the dead
                                witness)                                 body at Oberoi
                                                                         28-11-2008




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      1              2                     3                     4                    5
    Sr.   Name     of        the Name of witnesses Place                 of Name of the
    No    deceased               who carried or had incident                hospitals &




                                                           
                                 seen   the    dead                         Date
                                 bodies




                                                
    63    Ami    Bipinichandra Mr.Sunil   Atmaram Oberoi                    ----
          Thaker               Nagmote (PW 621)                             27-11-2008
    64    Jordan
          Fernandise
                                
                           Geigy Mr.Pradeep
                                 Rammurthy
                                 Bengalorkar (PW 212)
                                                        Oberoi              -----
                                                                            27-11-2008

    65    Neeta          Prakash Mr.Sushil  Atmaram Oberoi                  ----
                               
          Gaikwad                Nagmote (PW 621)                           26-11-2008
    66    Shaunak Jayawant Mr.Gurumeetsingh             Oberoi              ---
          Chemburkar       Sarjansingh Lal                                  26-11-2008
                           (PW 622)
        

    67    Wilson         Baburao Mr.Sushil  Atmaram Oberoi                  ----
          Mandalik               Nagmote (PW 621)                           26-11-2008
    68    Sarjerao       Sadashiv Mr.Sushil  Atmaram Oberoi                 ----
     



          Bhosale                 Nagmote (PW 621)                          26-11-2008
    69    JasminMahendrasing Mr.Sushil  Atmaram Oberoi                      ----
          h Burji            Nagmote (PW 621)                               26-11-2008
    70    Sanjy   Sambhajirao Mr.Gurumeetsingh          Oberoi              ----





          Surve               Sarjansingh Lal                               26-11-2008
                              (PW 622)
    71    Bimolchand Mybem       Mr.Sushil  Atmaram Oberoi                  ----
                                 Nagmote (PW 621                            26-11-2008
    72    Mohabbat          Umer Mr.Shankar           Vile Parle            ---
          Abdul Khalid           Chandrakant    Tambe                       26         &





                                 (PW 164)                                   27-11-2008
                                 Mr.Ramchandra
                                 Rohidas Lotlikar (PW
                                 167)




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      1            2                     3                    4                    5
    Sr.   Name     of      the Name of witnesses Place                of Name of the
    No    deceased             who carried or had incident               hospitals &
                               seen   the    dead                        Date
                               bodies




                                                        
    73    Laxminarayan Goyal Mr.Shankar           Vile Parle             ---
                             Chandrakant    Tambe                        26         &




                                              
                             (PW 164)                                    27-11-2008
                             Mr.Ramchandra
                             Rohidas Lotlikar (PW
                              
                             167)
    74    Mrs.Jarina           Mr.Mohd. Rabiul Mohd. Mazgaon             J.J.Hospital
          Samsuddin Shaikh     Kiramal Shaikh (PW                        27-1-2008
                             
                               176)
                               Mr.Abdul Salim Shaikh
                               (PW 177)
    75    Fulchandra                                 Mazgaon
          Ramchandra Bind
        

    76    Mrs.Reema            Mr.Mohd. Rabiul Mohd. Mazgaon             J.J.Hospital
          Mohamad Rabivul      Kiramal Shaikh (PW                        27-1-2008
     



                               176)
                               Mr.Abdul Salim Shaikh
                               (PW 177)
    77    Shashank             Mr.Sudama         Aba C.S.T.              St.George's
          Chandrasen Shinde    Pandarkar (PW 62)                         26-11-2008





     78   Aamina       Begum Mr.Vijay        Bhujang C.S.T.              St.George's
          Hamid Shaikh       Dhavle                                      26-11-2008
                             (PW 651)
    79    Ashraf Ali Allahrakha Mr.Sandip Suryabhan C.S.T.               St.George's
          Shaikh                Tayade (PW 653)                          26-11-2008
    80    Ajij Nabilal Rampure Mr.Ankush Rambhau C.S.T.                  St.George's





                               Ganjure (PW 78)                           26-11-2008
    81    Aakash       Akhilesh Mr.Suresh    Narayan C.S.T.              ---
          Yadav                 Pawar (PW 636)                           26-11-2008
    82    Mukesh        Bhikaji Mr.Santosh Kalu Supe C.S.T.              St.George's
          Jadhav                (PW 641)                                 26-11-2008




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      1               2                      3                     4                    5
    Sr.   Name     of          the Name of witnesses Place                 of Name of the
    No    deceased                 who carried or had incident                hospitals &
                                   seen   the    dead                         Date
                                   bodies




                                                              
    83    Sitaram          Mallapa Mr.Santosh Kalu Supe C.S.T.                St.George's
          Sakhare                  (PW 641)                                   26-11-2008




                                                   
    84    Rahamtulla Ibrahim       Mr.Santosh Kalu Supe C.S.T.                St.George's
                                   (PW 641)
                                   ig                                         26-11-2008
    85    Mishrilal    Mourya Mr.Dashrath     Vittal C.S.T.                   St.George's
          Shri Garib Mourya   Kamble (PW 645)                                 26-11-2008
    86    Vinod           Madanlal Mr.Vishal Adinath Kute C.S.T.              St.George's
                                 
          Gupta                    (PW 635)                                   26-11-2008
    87    Sunil             Ashok Mr.Vishal Adinath Kute C.S.T.               St.George's
          Thackare                (PW 635)                                    26-11-2008
    88    Haji  Ejaj    Bhai Mr.Santosh Kalu Supe C.S.T.                      St.George's
          Imamsaheb Dalal    (PW 641)                                         26-11-2008
        


    89    Mira            Narayan Mr.Rajendra     Ukha C.S.T.                 St.George's
          Chattarji               Jadhav (PW 642)                             26-11-2008
     



    90    Shirish Sawla Chari      Mr.Vijay     Bhujang C.S.T.                St.George's
                                   Dhavle (PW 651)                            26-11-2008
    91    Sushilkumar              Mr.Santosh Yeshwant C.S.T.                 St.George's
          Vishwambhar              Gawade (PW 644)                            26-11-2008





          Sharma
    92    Murlidhar Laxman Mr.Rajesh   Mahadev C.S.T.                         St.George's
          Choudhary        Shinde (PW 637)                                    26-11-2008
    93    Ambadas                  Mr.Sudama         Aba C.S.T.               ---
          Ramchandra Pawar         Pandarkar (PW 62)                          26-11-2008
    94    Jaikumar        Durairaj Mr.Sadashiv  Keshav C.S.T.                 St.George's





          Nadar                    Mandavkar (PW 650)                         26-11-2008
    95    Deepali     Janardhan Mr.Vijay     Bhujang C.S.T.                   St.George's
          Chitekar              Dhavle (PW 651)                               26-11-2008
    96    Raju        Janardhan Mr.Vijay     Bhujang C.S.T.                   St.George's
          Chitekar              Dhavle (PW 651)                               26-11-2008




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      1             2                     3                     4                    5
    Sr.   Name     of      the Name of witnesses Place                  of Name of the
    No    deceased             who carried or had incident                 hospitals &
                               seen   the    dead                          Date
                               bodies




                                                          
    97    Aditya Ashok Yadav    Mr.Vijay     Bhujang C.S.T.                St.George's
                                Dhavle (PW 651)                            26-11-2008




                                                
    98    Isibul    Raheman Mr.Vijay     Bhujang C.S.T.                    St.George's

Faizuddin Raheman Dhavle (PW 651) ig 26-11-2008 Shaikh 99 Prakash Janath Mr.Baban Bhojraj More C.S.T. St.George's Mandal (PW 639) 26-11-2008 100 Harakha Lalji Solanki Mr.Vishal Adinath Kute C.S.T. St.George's (PW 635) 26-11-2008 101 Mohamed Amanat Mr.Vishal Adinath Kute C.S.T. St.George's Mohamad Ali (PW 635) 26-11-2008 102 Sarafraz Sallauddin Mr.Vijay Bhujang C.S.T. St.George's Ansari Dhavle (PW 651) 26-11-2008 103 Ayub Yakub Qureshi Mr.Sadashiv Keshav C.S.T. St.George's Mandavkar (PW 650) 26-11-2008 104 Afarin Shahadab Mrs.Nafisa Shadab C.S.T. ----

Qureshi Qureshi (PW 53) 26-11-2008 105 Avadesh Sudama Mr.Sadashiv Keshav C.S.T. St.George's Pandit Mandavkar (PW 650) 26-11-2008 106 Chandulal Kashinath Mr.Sudhakar Gopal C.S.T. St.George's Tandel Jadhav (PW 649) 26-11-2008 107 Manohar Sohani Mr.Sudhakar Shrirang C.S.T. St.George's Mohite (PW 648) 26-11-2008 108 Mohamad Hussain Mr.Vishal Adinath Kute C.S.T. St.George's Mohamad Alamgir (PW 635) 26-11-2008 Shaikh 109 Murtaza Ansari Mr.Vishal Adinath Kute C.S.T. St.George's Sallauddin Ansari (PW 635) 26-11-2008 ::: Downloaded on - 09/06/2013 16:53:12 ::: AJN CONF2.10-Kasab 105 1 2 3 4 5 Sr. Name of the Name of witnesses Place of Name of the No deceased who carried or had incident hospitals & seen the dead Date bodies 110 Mohamad Arif Mr.Vishal Adinath Kute C.S.T. St.George's Mohamed Islam (PW 635) 26-11-2008 Ansari 111 Mohamad Malik Mukhtar Mr.Vijay Bhujang C.S.T.

                               Dhavle (PW 651)
                                                                           St.George's
                                                                           26-11-2008
    112 Abbas Rajjab Ansari      Mr.Pradip Sampat C.S.T.                   St.George's
                               Wagh (PW 634)                               26-11-2008
                             
    113 Unknown           Male Mr.Ajaykumar Ashok C.S.T.                   St.George's
        person                 Kadam (PW 652)                              26-11-2008
    114 Mrs.Gangabai           Mr.Vijay     Bhujang C.S.T.                 St.George's
        Baburao Kharatmol      Dhavle (PW 651)                             26-11-2008
        

    115 Narul Islam Ajahar Mr.Vijay     Bhujang C.S.T.                     St.George's
        Mulla              Dhavle (PW 651)                                 26-11-2008
     



    116 Murgan        Palaniya Mr.Sadashiv  Keshav C.S.T.                  St.George's
        Pillai                 Mandavkar (PW 650)                          26-11-2008
    117 Rakhila Abbas Ansari Mr.Balkrishna Bahurao C.S.T.                  St.George's
                             Naikwadi (PW 633)                             26-11-2008





    118 Nitesh    Vijaykumar Mr.Tamij Chabu Mallu C.S.T.                   St.George's
        Sharma               (PW 647)                                      26-11-2008
    119 Fatmabi       Rehaman Mr.Hanumant              C.S.T.              St.George's
        Shaikh                Shankarrao Jadhav                            26-11-2008
                              (PW 643)
    120 Meenu Arjun Asrani     Mr.Ajaykumar Ashok C.S.T.                   St.George's





                               Kadam (PW 652)                              26-11-2008
    121 Mohamad          Itihas Mr.Satyavan Laxman C.S.T.                  St.George's
        Ansari                  Sakpal (PW 646)                            26-11-2008
    122 Mastan           Munir Mr.Ramesh     Laxman C.S.T.                 J.J.Hospital
        Qureshi                Jagtap (PW 640)                             26-11-2008




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                                          106




                                                                                       
                                                           
      1             2                     3                    4                    5
    Sr.   Name     of       the Name of witnesses Place                of Name of the
    No    deceased              who carried or had incident               hospitals &




                                                          
                                seen   the    dead                        Date
                                bodies




                                               
    123 M.V.Anish               Mr.Sadashiv  Keshav C.S.T.                J.J.Hospital
                                Mandavkar (PW 650)                        26-11-2008
                               

124 Upendra Birju Yadav Mr.Balkrishna Bahurao C.S.T.

Naikwadi (PW 633) J.J.Hospital 26-11-2008 125 Unknown Male Mr.Balkrishna Bahurao C.S.T. J.J.Hospital person Naikwadi (PW 633) 26-11-2008 126 Poonam Bharat Mr.Balkrishna Bahurao C.S.T. J.J.Hospital Navadia Naikwadi (PW 633) 26-11-2008 127 Baichan Ramprasad Mr.Dhaku Vittal C.S.T. St.George's Gupta Sawant (PW 638) 26-11-2008 128 Nathuni Parshuram Gulab Pandharinath C.S.T. J.J.Hospital Yadav Nalavade (PW 632) 26-11-2008 129 Amarchand Naran Mr.Bhavesh Mahadeo Kuber J.J.Hospital Solanki Takalkar (PW 25) 27-11-2008 Mr.Chandrakant J.

                                Jadhav (PW 42)
    130 Tukaram           Gopal Mr. Bhaskar Dattatray Vinoli              Hurkishandas





        Ombale                  Kadam     (PW      1)                     Hospital
                                Mr. Hemant Anant                          26-11-2008
                                Bavdhankar (PW 3)
                                Mr. Vinod Pandurang
                                Sawant (PW 31)
    131 Major        Sandip Mr.Purnand           Taj                      ---





        Unnikrishnan        Bhagatram Petwal (PW                          26-11-2008
                            619)
    132 Rahul           Subhash Mr.Purnand           Taj                  ---
        Shinde                  Bhagatram Petwal (PW                      26-11-2008
                                619)




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                                          107




                                                                                      
                                                            
      1            2                      3                   4                    5
    Sr.   Name     of       the Name of witnesses Place               of Name of the
    No    deceased              who carried or had incident              hospitals &
                                seen   the    dead                       Date




                                                           
                                bodies




    133 Zaheen           Sayyed Mr.Purnand            Taj                 ---




                                               
        Nisar  Ali        Jafary Bhagatram Petwal (PW                     26-11-2008
        Mateen                   619)
    134 Andres Don Livera
                               
                                Mr.Rajesh Raghunath Taj
                                Kasare (PW 614)
                                                                          St.George's
                                                                          27-11-2008
    135 Gunjan     Vishandas Mr.Raghu   Santoshlal Taj                    ---
        Narang               Deora (PW 620)                               27-11-2008
                              
    136 Vishandas           Mr.Raghu   Santoshlal Taj                     ---
        Giridharidas Narang Deora (PW 620)                                27-11-2008
    137 Vijayrao       Anandrao Mr.Raghu   Santoshlal Taj                 ---
        Banja                   Deora (PW 620)                            27-11-2008
        

    138 Sadanand          Ratan Mr.Raghu   Santoshlal Taj                 ---
        Patil                   Deora (PW 620)                            27-11-2008
     



    139 Thomas Verghese         Mr.Purnand           Taj                  ---
                                Bhagatram Petwal (PW                      27-11-2008
                                619)
          Ravi Jagan Kunwar     Mr.Purnand           Taj                  ---
    140                         Bhagatram Petwal (PW                      27-11-2008





                                619)
    141 Boris Mario Do Rego Mr.Raghu   Santoshlal Taj                     ---
                            Deora (PW 620)                                27-11-2008
    142 Satpakkam               Mr.Raghu   Santoshlal Taj                 ---
        Rahmatulla              Deora (PW 620)                            26-11-2008
        Shaukatali





    143 Faustine Basil Martis Mr.Raghu   Santoshlal Taj                   ---
                              Deora (PW 620)                              27-11-2008
    144 Kaizad          Naushir Mr.Raghu   Santoshlal Taj                 ---
        Kamdin                  Deora (PW 620)                            27-11-2008
    145 Neelam     Vishandas Mr.Raghu   Santoshlal Taj                    ---
        Narang               Deora (PW 620)                               27-11-2008




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                                         108




                                                                                     
                                                           
      1             2                    3                   4                    5
    Sr.   Name     of        the Name of witnesses Place             of Name of the
    No    deceased               who carried or had incident            hospitals &
                                 seen   the    dead                     Date




                                                          
                                 bodies




    146   Rupinder              Mr.Purnand           Taj                 ---




                                              
          Devenersing           Bhagatram Petwal (PW                     26-11-2008
          Randhava              619)
    147   Eklak
          Mustak Ahmed
                               
                     Ahmed Mr.Purnand
                           Bhagatram Petwal (PW
                           619)
                                                Taj                      ---
                                                                         26-11-2008

    148   Maksud    Tabarakali Mr.Purnand           Taj                  ---
                              
          Shaikh               Bhagatram Petwal (PW                      26-11-2008
                               619)
    149   Feroz Jamil Ahmed Mr.Purnand           Taj                     ---
          Khan              Bhagatram Petwal (PW                         26-11-2008
                            619)
        


    150   Teitel baum Aryeh Mr.Sukhdeo     Anna Taj                      J.J.hospital
          Levish            Kadam (PW 615)                               29-11-2008
     



    151   Duglas         Justin Mr.Purnand           Taj                 ---
          Markell               Bhagatram Petwal (PW                     26-11-2008
                                619)
    152   Chaitilal Gunish      Mr.Purnand           Taj                 ---





                                Bhagatram Petwal (PW                     26-11-2008
                                619)
    153   Willem Jan Berbaers Mr.Purnand           Taj                   ---
                              Bhagatram Petwal (PW                       26-11-2008
                              619)
    154   Nitisingh Karamveer Mr.Purnand           Taj                   ---





          Kang                Bhagatram Petwal (PW                       26-11-2008
                              619)
    155   Samarveer      Singh Mr.Purnand           Taj                  ---
          Karamveer      Singh Bhagatram Petwal (PW                      26-11-2008
          Kang                 619)




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                                          109




                                                                                      
                                                            
      1            2                      3                   4                    5
    Sr.   Name     of         the Name of witnesses Place             of Name of the
    No    deceased                who carried or had incident            hospitals &
                                  seen   the    dead                     Date
                                  bodies




                                                           
    156   Udaysingh             Mr.Purnand           Taj                  ---
          Karamveer       Singh Bhagatram Petwal (PW                      26-11-2008




                                               
          Kang                  619)

157 Sabina Saigal Saikia Mr.Purnand ig Taj ---

                               Bhagatram Petwal (PW                       26-11-2008
                               619)
    158   Hema Kasi              Mr.Purnand           Taj                 ---
          Pillai                 Bhagatram Petwal (PW                     26-11-2008
                               
                                 619)
    159   Rajiv   Omprakash Mr.Purnand           Taj                      ---
          Sarswat           Bhagatram Petwal (PW                          26-11-2008
                            619)
        

    160   Gutam        Devsingh Mr.Purnand           Taj                  ---
          Gosai                 Bhagatram Petwal (PW                      26-11-2008
                                619)
     



    161   Rajan         Eshwar Mr.Purnand           Taj                   ---
          Kamble               Bhagatram Petwal (PW                       26-11-2008
                               619)
    162   Burki Ralph Rainer Mr.Purnand           Taj                     ---





          Jachim             Bhagatram Petwal (PW                         26-11-2008
                             619)
    163   Hemant         Pravin Mr.Purnand           Taj                  ---
          Talim                 Bhagatram Petwal (PW                      26-11-2008
                                619)
    164   Shoeb          Ahmed Mr.Purnand           Taj                   ---





          Shaikh               Bhagatram Petwal (PW                       26-11-2008
                               619)
    165   Michael Stuart Moss Mr.Gulab                Taj                 St.George's
                              Pandharinath                                26-11-2008
                              Nalavade(PW 632)
    166   Elizabeth Russell      Mr.Gulab             Taj                 St.George's
                                 Pandharinath                             26-11-2008
                                 Nalavade(PW 632)




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                                           110

60. We find it appropriate to reproduce Table No.5 prepared and incorporated by learned Sessions Judge in respect of details of postmortem notes of the above deceased persons with some corrections of minor mistakes which we have located upon perusing the evidence and record. These postmortem notes have not been disputed.

                               ig  TABLE NO.5
                             
    1     2           3       4            5           6            7             8
    Sr.   Name of the Place of Date    &    Name of the Nature of Cause    of     Foreign
    No    deceased    death    Place  of   prosecution injuries   death   and     body, if
                               Post        witness                Exh,number      any,
                               mortem      (Medical               of     P.M.     retrieve
                               examinati   Officer) who           notes           d    from
           

                               on          had                                    the dead
                                           examined                               body
                                           the     dead
        



                                           body

1 Salim Nariman 27-11-08 Dr.Ganesh 1. Haemorrha -

Hussain House J.J.P.M. Niturkar Firearm ge & Harharwala (PW 104) entry Shock due wound to firearm over injuries lateral (Unnatural end of ) right eye- Ex.414 brow.
The bullet had exited from exit wound over medial end of left eyebrow.
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                                        111




                                                                                    
                                                          
    1     2           3       4         5            6             7             8
     2     Mehzabin @ Nariman 27-11-08 Dr.V.S.       1.            Haemorrha     Bullet
          Maria Salim House   J.J.P.M. Bandewar      Firearm       ge & Shock    preserv
          Harharwala                   (U/s 294 of   entry         due      to   ed for




                                                         
                                       Cr.P.C.)      wound         firearm       Ballistic
                                                     over left     injuries      Expert
                                                     cheek.        (Unnatural)
                                                     The bullet    Ex.1509
                                                     was
                                                     found




                                             
                                                     lodged in
                                                     right
                              ig                     chest
                                                     wall.
                                                     2.
                                                     Firearm
                                                     entry
                            
                                                     wound on
                                                     back
                                                     below tip
                                                     of     left
                                                     shoulder.
           

                                                     The bullet
                                                     had
                                                     exited
        



                                                     from left
                                                     side     of
                                                     back.
                                                     3.
                                                     Firearm





                                                     entry
                                                     wound on
                                                     left side
                                                     of back.
                                                     The bullet
                                                     had
                                                     exited





                                                     from left
                                                     axilla




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                                        112




                                                                                  
                                                          
    1     2           3       4         5            6             7              8
    3     Rivka       Nariman 30-11-08 Dr.Ganesh     1. Entry      Haemorrhag -
          Gavriel     House   J.J.P.M. Rathod        wound of      e & Shock
          Holtzberg                    (U/s 294 of   bullet on     due       to




                                                         
                                       Cr.P.C.)      left          firearm
                                                     maxilla       injuries
                                                     bone.         (Unnatural)
                                                     2. Entry      Ex.1511
                                                     wound of
                                                     bullet on




                                             
                                                     right
                                                     axilla
                              ig                     medial
                                                     border.
                                                     3. Entry
                                                     wound in
                                                     abdomen.
                            
                                                     4. Entry
                                                     wound
                                                     below
                                                     knee
                                                     joint.
          

                                                     There
                                                     were
                                                     correspon
       



                                                     ding exit
                                                     wounds
                                                     to      the
                                                     entry
                                                     wound





                                                     Nos.2 and
                                                     4.     Two
                                                     bullets
                                                     were
                                                     embedde
                                                     d in the
                                                     body.





                                                     Not
                                                     retrieved.




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                                       113




                                                                                
    1     2      3        4        5           6                7            8




                                                       
     4 Rabbi     Nariman 30-11-08 Dr.S.S.      About thirty     Haemorrha -
       Gavriel   House   J.J.P.M. Sonawane     entry            ge & Shock
       Noach                      (PW 113)     wounds      on   due      to
       Holtzberg                               various parts    firearm
                                               of       body    injuries




                                                      
                                               including        (Unnatural)
                                               vital   parts    Ex.457colly
                                               like neck and
                                               chest. There
                                               were
                                               correspondin




                                            
                                               g         exit
                                               wounds also.
                               ig              The     same
                                               have    been
                                               described in
                                               the       P.M.
                                               notes
                             
                                               Ex.457 colly.
     5 Gajendra Nariman 29-11-08 Dr.S.M.     1.      Bullet     Death due     Bullet
       Singh    House   J.J.P.M. Javale      injury on left     to firearm preserv
                                 (U/s 294 of side    chest      injury      ed for
                                 Cr.P.C.)    region             (unnatural) B.E.
          

                                             2.      Bullet     Ex.1507
                                             injury      on
       



                                             right     side
                                             chest (exit)
                                             3.      Bullet
                                             injury on left
                                             side    chest
                                             lower level.





                                             4.      Bullet
                                             injury on Left
                                             side    upper
                                             thigh.
                                             Bullet
                                             recovered
                                             from





                                             abdominal
                                             cavity




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                                        114




                                                                                  
                                                         
    1     2         3        4         5            6            7             8
6 Ben Zion Nariman 30-11-0 Dr.Meshram 1. Haemorrha -

Chroman House 8 J.J.P.M. (U/s 294 of Firearm ge & Cr.P.C.) entry Shock due wound on to firearm left side injuries of chest (Unnatural

2. ) Firearm Ex. 1510 entry wound on right side ig of upper abdomina l region.

Only one firearm exit wound has been described in the P.M.

No bullet has been retrieved 7 Norma Nariman 30-11-0 Dr.Bagul About Death due -

       Shvarzblat   House   8 J.J.P.M. (U/s 294 of thirteen      to multiple
       Robinovich                      Cr.P.C.)    entry         firearm
                                                   wounds        injuries





                                                   on            with
                                                   various       internal
                                                   parts    of   vital organ
                                                   body          injuries
                                                   including     (Unnatural
                                                   vital part    )
                                                   like neck.    Ex.1508





                                                   There are
                                                   correspon
                                                   ding exit
                                                   wounds
                                                   also.




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                                       115




                                                                                   
                                                        
    1     2        3         4        5         6              7                8
     8 Rajendra-   C.S.T./   27-11-08 Dr.S.C.   1.     Entry   Shock    and     Pellet




                                                       
       kumar       Nriman    Nair     Mohite    wound on       haemorrhag       preserv
       Baburam     House     Hospital (PW 23)   left side      e due to         ed     for
       Sharma                P.M.               of neck        multiple         B.E.
                                                2.     Entry   firearm
                                                wounds         injuries
                                                over           (Unnatural)




                                            
                                                upper          Ex.470
                                                and lower
                              ig                lateral
                                                quadrant
                                                of     right
                                                buttock.
                                                3.     Entry
                            
                                                wound
                                                over
                                                posterom
                                                edial
                                                aspect of
          

                                                left knee
                                                joint.
                                                There
       



                                                were
                                                correspon
                                                ding exit
                                                wounds
                                                also.





     9 Yokevet     Nariman 30-11-08 Dr.      About             haemorrhag -
       Mosho       House   J.J.P.M. Sonawane Thirteen          e and shock
       Orpaz                        (PW 113) entry             due       to
                                             wounds            multiple
                                             on various        firearm
                                             parts    of       injuries
                                             body              (Unnatural)





                                             including         Ex.455
                                             vital parts       (Colly.)
                                             like chest.




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                                           116




                                                                                     
                                                          
    1     2          3       4         5           6              7               8
          contd..    -       -         -           There         -                -
          Yokevet                                  were
          Mosho                                    eleven exit




                                                         
          Orpaz                                    wounds.
                                                   One
                                                   opacity of
                                                   bullet
                                                   shape      in
                                                   left chest




                                                
                                                   region
                                                   indicating
                              ig                   presence
                                                   of    bullet.
                                                   Bullet not
                                                   retrieved.
                            
     10 Subhash      Leopold 27-11-08 Dr.G.        1. Firearm     Haemorrhag -
        Vanmali              J.J.P.M. Niturkar     entry          e and shock
        Vaghela                       (P.W.104)    wound on       due        to
                                                   back    left   firearm
                                                   side           injuries
                                                   2. Firearm     (Unnatural)
          

                                                   entry          Ex.415
                                                   wound
       



                                                   back of left
                                                   wrist.
                                                   There were
                                                   correspond
                                                   ing    exit
                                                   wounds





                                                   also.
     11 Pirpasha     Leopold 27-11-08 Dr.Chavan 1. Firearm        Haemorrhag -
        Mehboobali           J.J.P.M. (U/s    294 entry           e and shock
        Shaikh                        of Cr.P.C.) wound on        due        to
                                                  parietal        firearm
                                                  region     of   injuries





                                                  head and        (Unnatural)
                                                  crushed         Ex.1513
                                                  the    brain
                                                  matter.
                                                  There
                                                  correspond
                                                  ing      exit
                                                  wounds.




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                                       117




                                                                                
                                                       
    1     2          3        4        5          6            7             8
     12 Shahabuddin Leopold 27-11-08 Dr. Shinde 1.             Death due     1.
        Sirajuddin          St.      (U/s 294 of Firearm       to firearm    Anterior
        Khan                George   Cr.P.C.)    entry         injuries      ly   one




                                                      
                                                 wound on      (Unnatural    side
                                                 right side    )             deforme
                                                 of            Ex.1514       d lead
                                                 forehead.                   bullet
                                                 2.                          2.
                                                 Firearm                     deforme




                                            
                                                 entry                       d lead
                                                 wound on                    bullet
                             ig                  left    ear                 piece
                                                 back over                   from left
                                                 left                        arm
                                                 mastoid.                    3.
                                                 3.                          Deform
                           
                                                 Puncture                    ed lead
                                                 wound of                    bullet
                                                 entry of                    piece
                                                 firearm                     from left
                                                 over left                   forearm
          

                                                 arm
                                                 4.
                                                 Puncture
       



                                                 wound of
                                                 entry of
                                                 firearm
                                                 over left
                                                 forearm.





                                                 There
                                                 was one
                                                 exit
                                                 wound
                                                 and three
                                                 deformed
                                                 bullets





                                                 were
                                                 retrieved.




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                                        118




                                                                                 
                                                        
    1     2          3       4         5           6                7              8
     13 Harishbhai   Leopold 27-11-08 Dr.S.J.           Firearm     death due -




                                                       
        Durlabbhai           St.      Khan        entry wound       to fire arm
        Gohil                George   (U/s 294 of on       chest    injury
                                      Cr.P.C.)    front midline     (unnatural)
                                                  and               Ex.1516
                                                  correspondin
                                                  g         exit




                                             
                                                  wounds.

14 Hidayatullah Leopold 27-11-08 Dr.Mohite ig 1. Lacerated Shock and -

        Anwarali             Nair P.M. (PW 23)     wound over       haemorrhag
        Kazi                                       the right of     e due to
                                                   chest region     perforation
                                                   2.       Oval    of right lung
                           
                                                   lacerated        in case of
                                                   wound over       firearm
                                                   the     right    injury
                                                   infrascapular    (Unnatural)
                                                   region(exit).    Ex.474
                                                   3. Elliptical
          

                                                   incised
                                                   wound and
       



                                                   muscle deep
                                                   over       the
                                                   right axillary
                                                   region.
15 Malyesh Leopold 27-11-08 Dr.Javale 1. Shock due -





        Manvendra            J.J.P.M. (PW 100)     Penetrating      to
        Banarjee                                   wound       on   perforating
                                                   anterior         blast injury
                                                   upper thigh.     (Unnatural)
                                                   2.               Ex.406
                                                   Perforating
                                                   wound       at





                                                   post of right
                                                   thigh gluteal
                                                   region.
                                                   (Exit). There
                                                   was fracture
                                                   of       right
                                                   femur




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                                    119




                                                                             
                                                     
    1     2        3       4        5          6           7              8
     16 Gourav     Leopold 27-11-08 Dr.        1. Entry    Head injury -




                                                    
        Balchand           J.J.P.M. Rathod     wound       due        to
        Jain                        (U/s 294   on          firearm
                                    of         forehea     injury
                                    Cr.P.C.)   d middle    (Unnatural)
                                               part        Ex.1515
                                               with




                                         
                                               correspo
                                               nding
                          ig                   exit
                                               wound.
                                                     And
                                               other
                                               minor
                        
                                               injuries.
     17 P.K.       Leopold 27-11-08 Dr.Bagul 1. Entry      Haemorrhag         Bullet
        Gopal-             G.T.     (U/s 294 wound         e shock due preserve
        krishnan           Hospital of       on right      to     firearm d for B.E.
                                    Cr.P.C.) parietal      injuries
          

                                             region        (Unnatural)
                                             penetrat      Ex.1512
       



                                             ing skull
                                             and
                                             scalp
                                             with exit
                                             wound.
                                                   And





                                             another
                                             bullet
                                             injury.
                                             Bullet
                                             retrieve
                                             d from
                                             calf





                                             region.




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                                   120




                                                                            
                                                   
    1     2       3       4       5           6            7                8
    18 Kamal      Leopold ---     ---             ---      ---              ---




                                                  
       Nanakram
       Motwani

    19 Jurgen     Leopold ---     ---             ---      ---              ---
       Hienrich




                                        
       Rudolf

    20 Daphne     Leopold 27-11-08 Dr.
                           ig                 1.           Haemorrhag -
       Hilary             J.J.P.M. Sonawane   Firearm      e and shock
       Schmidt                     (PW 113)   entry        due        to
                                              wound on     multiple
                                              right side   firearm
                         
                                              forehead.    injuries
                                              2.           (Unnatural)
                                              Firearm      Ex.444
                                              entry on     (Colly.)
                                              the right
          

                                              side    of
                                              chest
                                              3.
       



                                              Firearm
                                              entry
                                              wound on
                                              the right
                                              shoulder.





                                              There
                                              were
                                              correspo
                                              nding
                                              exit
                                              wounds
                                              also.





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                                       121




                                                                               
                                                       
    1     2        3     4         5          6             7               8
    21 Hemant      Cama 27-11-08 Dr.        Total five      Haemorrhag Bullets




                                                      
       Kamlakar    Out  J.J.P.M. Chikhlakar firearm         e and shock preserve
       Karkare                   (PW 120) entry             due        to d for B.E.
                                            wounds on       multiple
                                            shoulder        firearm
                                            blade top,      injuries
                                            region          (Unnatural)




                                            
                                            between         Ex.495
                                            neck     and
                              ig            right
                                            shoulder
                                            and other
                                            injuries.
                                            There were
                            
                                            three
                                            correspondi
                                            ng       exit
                                            wounds
                                            and       two
          

                                            deformed
                                            bullets
                                            retrieved.
       



    22 Ashok       Cama 27-11-08 Dr.        1. Firearm      Haemorrhag      Deforme
       Marutirai   Out  J.J.P.M. Chikhalkar entry           e and shock     d bullet
       Kamate                    (PW 120) wound on          due        to   preserve
                                            left frontal    firearm         d for B.E.
                                            and             injuries





                                            supraorbita     (Unnatural)
                                            l region        Ex.496
                                            2. Firearm
                                            entry
                                            wound on
                                            back      of
                                            shoulder





                                            top




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                                          122




                                                                                     
                                                            
    1     2           3      4        5          6              7                8
          contd..     -      -        -          centrally      -                -
          Ashok                                  between
          Marutirai                              neck      and




                                                           
          Kamate                                 right
                                                 shoulder
                                                 and     other
                                                 minor
                                                 injuries.
                                                 There was




                                               
                                                 one
                                                 correspondi
                                  ig             ng        exit
                                                 wound and
                                                 bullet was
                                                 found
                                                 embedded
                                
                                                 in right side
                                                 of      chest
                                                 cavity. The
                                                 same      was
                                                 retrieved.
          

    23 Vijay          Cama   27-11-08 Dr.      Four firearm     Haemorrhag       Two
       Sahadev        Out    J.J.P.M. Niturkar entry            e and shock      bullets
       



       Salaskar                       (PW 104) wound      on    due        to    and
                                               various          firearm          metallic
                                               parts       of   injuries         fragment
                                               body             (Unnatural)      s
                                               including        Ex.422           preserve
                                               vital   parts                     d B.E.





                                               like chest,
                                               right
                                               forearm and
                                               other minor
                                               injuries.
                                               Two
                                               correspondi





                                               ng        exit
                                               wounds and
                                               two bullets
                                               were
                                               retrieved




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                                     123




                                                                              
                                                     
    1     2       3     4        5           6            7               8
    24 Bapurao    Cama 27-11-08 Dr.          1.           Haemorrhag       Metallic
       Sahebrao   Out  J.J.P.M. Chikhalkar   Firearm      e and shock particles
       Durgude                  (P.W.120)    entry        due         to preserve




                                                    
                                             wound        firearm        d for B.E.
                                             on chest     injuries
                                             anteriorl    (Unnatural)
                                             y 18 cm.     Ex.500
                                             below
                                             shoulder




                                          
                                             blade.
                                             2.
                             ig              Firearm
                                             entry
                                             wound
                                             on right
                                             side    of
                           
                                             chest.
                                             3.
                                             Firearm
                                             entry
                                             wound
          

                                             on right
                                             arm and
                                             other
       



                                             minor
                                             injury.
                                             there
                                             were
                                             correspo





                                             nding
                                             exit
                                             wounds
                                             also.

25 Balasaheb Cama 27-11-08 Dr. 1. Haemorrhag Bullet @ Nana Out J.J.P.M. Chikhalkar Firearm e and shock preserve Chandrakan (PW 120) entry due to d for B.E.

       t Bhosale                             wound        firearm
                                             over left    injuries
                                             temporo      (Unnatural)
                                             occipital    (Ex.508)




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                                        124




                                                                                   
                                                        
    1     2           3      4          5          6            7               8
          contd..     -      -          -          region of -                  -




                                                       
          Balasaheb @                              head
          Nana                                     2.
          Chandrakant                              Firearm
          Bhosale                                  entry
                                                   wound
                                                   near the




                                             
                                                   left    ear
                                                   adjoining
                              ig                   the    exit
                                                   wound of
                                                   1st entry
                                                   wound.
                                                   The bullet
                            
                                                   was
                                                   found
                                                   lodged at
                                                   right
                                                   frontal
          

                                                   lobe     of
                                                   brain. It
                                                   was
       



                                                   retrieved.
                                                   3.     Two
                                                   firearm
                                                   wounds
                                                   on lower





                                                   limbs.
    26 Arun           Cama   27-11-08   Dr.G.S.    Firearm      Haemorrhag -
       Raghunath      Out    J.J.P.M.   Chavan     entry        e and shock
       Chite                            (PW 599)   wound on     due       to
                                                   left   5th   firearm
                                                   I.C.S.       injury
                                                   There        (Unnatural)





                                                   was          Ex.1572
                                                   correspon
                                                   ding exit
                                                   wound




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                                       125




                                                                                
                                                       
    1     2      3      4          5           6                7              8
    27 Jayawant Cama     27-11-08 Dr.          1. Firearm       Haemorrhag -




                                                      
       Hanumant Out     J.J.P.M.  Chikhalkar   entry wound      e and shock
       Patil                      (PW 120)     on       right   due       to
                                               temporo          firearm
                                               parietal         injury
                                               region.          (Unnatural)
                                               2. Firearm       Ex. 497




                                            
                                               entry wound
                                               right
                             ig                buttock iliac
                                               region.
                                               3.      Bullet
                                               graze       at
                                               three places
                           
                                               on left side
                                               of     chest.
                                               Two
                                               correspondi
                                               ng        exit
          

                                               wounds and
                                               other minor
                                               injuries.
       



    28 Yogesh    Cama   27-11-08   Dr.Sunanda 1. Firearm        Death due to -
       Shivaji   Out    J.J.P.M.   Katke      entry wound       haemorrhag
       Patil                       (PW 592)   on right side     e and shock
                                              of face.          due       to
                                              2. Firearm        firearm





                                              entry wound       injuries
                                              on right side     (Unnatural)
                                              of      neck.     Ex.1542
                                              Two
                                              correspondi
                                              ng       exit
                                              wounds.





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                                       126




                                                                                
                                                       
    1     2        3     4         5         6               7               8
    29 Surendra-  Cama 28-11-08 Dr.          1. An oval      Shock    and -




                                                      
       kumar      out  Nair P.M. Mohite      shape           haemorrhag
       Bindu Rama                (PW 23)     lacerated       e due to vital
                                             wound on        organ injury
                                             left chest      in a case of
                                             wall.           firearm
                                             2.              injury




                                            
                                             Fracture of     (Unnatural)
                                             4th and 5th     Ex.475
                            ig               left     ribs
                                             and
                                             infiltration
                                             of blood in
                                             surroundin
                          
                                             g tissue.
                                             3.      Oval
                                             shape
                                             lacerated
                                             wound on
          

                                             right chest
                                             wall.
       



    30 Prakash     Cama 27-11-08 Dr.        1. Firearm       Haemorrhag      Metallic
       Pandurang   In   J.J.P.M. Chikhalkar entry            e and shock     particle
       More                      (PW 120) wound              due        to   preserve
                                            over right       firearm         d for B.E.
                                            thigh            injuries
                                            anteriorly       (Unnatural)





                                            lateral part     Ex.498
                                            of    upper
                                            region of
                                            right thigh.
                                            2. Firearm
                                            entry
                                            wound on





                                            left
                                            buttock.




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                                     127




                                                                                
                                                     
    1     2         3   4        5            6             7                8
          contd..   -   -        -            3. Firearm -                   -
          Prakash                             entry
          Pandurang                           wound on




                                                    
          More                                left
                                              midthigh
                                              region
                                              posteriorly
                                              .
                                              4. Firearm




                                          
                                              entry
                                              wound on
                             ig               right
                                              midthigh
                                              calf region
                                              posteriorly
                                              5. Firearm
                           
                                              entry
                                              wound on
                                              lower part
                                              of     right
                                              arm      just
          

                                              above
                                              right
                                              elbow.
       



                                              There
                                              were five
                                              exit
                                              wounds
                                              and other





                                              minor
                                              injuries
    31 Vijay     Cama   27-11-08 Dr.          1. Firearm    Haemorrhag       Metallic
       Madhukar In      J.J.P.M. Chikhalkar   entry         e and shock      fragmen
       Khandekar                 (PW 120)     wound on      due       to     t
                                              neck.         firearm          (deform
                                              2. Firearm    injuries         ed





                                              entry         (Unnatural)      bullet)
                                              wound on      Ex.499           for B.E.
                                              lacerated
                                              aspect of
                                              left thigh.




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                                     128




                                                                               
                                                       
    1     2           3   4          5           6              7              8
          contd..                                And other
          Vijay                                  minor
          Madhukar                               injuries.




                                                      
          Khandekar                              There was
                                                 one
                                                 correspon
                                                 ding exit
                                                 wound and
                                                 deformed




                                          
                                                 bullet was
                                                 found
                           ig                    embedded
                                                 within
                                                 muscle,
                                                 subcutane
                                                 ous tissue
                         
                                                 beneath
                                                 skin.
                                                 Deformed
                                                 bullet was
                                                 retrieved
          
       



    32 Baban Balu Cama    27-11-08   Dr.K.S.     1. Firearm     Haemorrhag -
       Ughade     In      J.J.P.M.   Kalyankar   entry          e and shock
                                     (PW 594)    wound left     due       to





                                                 side           firearm
                                                 abdomen        injuries
                                                 near           (Unnatural)
                                                 umbilicus      Ex.1553
                                                 2.      Exit
                                                 wound at





                                                 gluteal
                                                 region




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                                         129




                                                                                 
                                                         
    1     2       3      4           5           6                7               8
    33 Bhanu      Cama   27-11-08    Dr.Bagul    1.    Firearm    Haemorrhage -




                                                        
       Devu       In     G.T..P.M.   (P.W.603)   entry wound      and      shock
       Narkar                                    right     side   due         to
                                                 abdomen          firearm
                                                 2.        Exit   injuries
                                                 wound       at   (Unnatural)
                                                 left      side   Ex.1584




                                              
                                                 abdomen
    34 Thakur     Cama   27-11-08
                              ig     Dr.Bagul    1.      Entry    Haemorrhage -
       Budha      In     G.T.        (P.W.603)   wound       of   and      shock
       Vaghela           Hospital                bullet     on    due         to
                                                 right    arm     firearm
                                                 lateral          injuries
                            
                                                 posterior        (Unnatural)
                                                 aspect and       Ex.1587
                                                 correspondi
                                                 ng        exit
                                                 wound      at
                                                 right side of
          

                                                 chest lateral
                                                 mild axillary
       



                                                 line.
                                                 Fracture of
                                                 ribs.
                                                 Fracture of
                                                 vertebra





    35 Bhagan     Cama   27-11-08    Dr.Bagul    1.     Bullet    Penetrating    -
       Gangaram   In     G.T.        (P.W.603)   injury     on    injury      to
       Shinde            Hospital                right side of    abdomen
                                                 abdomen          with internal
                                                 5m      away     organ injuries
                                                 from             with internal
                                                 umbilicus.       haemorrhage





                                                 Wound was        in   a   case
                                                 found            grenade blast
                                                 sutured.         injury
                                                                  (Unnatural)
                                                                  Ex.1586




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                                     130




                                                                              
                                                      
    1     2       3        4        5           6               7               8
36 Shivshankar Cama 27-11-08 Dr.Bagul 1. Bullet Haemorrhage -
       Nirant Gupta In     G.T.     (P.W.603)   injury     on   and      shock
                           Hospital             the     right   due         to




                                                     
                                                elbow           firearm
                                                posterior       injuries
                                                aspect with     (Unnatural)
                                                crushed         Ex.1585
                                                effect.
                                                Muscles




                                          
                                                were found
                                                crushed     .
                            ig                  Exit wound
                                                at      right
                                                anterior
                                                elbow.
                                                2.     Bullet
                          
                                                injury     on
                                                right    side
                                                abdomen
                                                lateral    to
                                                midline.
          

                                                Bullet
                                                exited from
                                                posterior
       



                                                chest wall
    37 T.Suda     Oberoi   27-11-08 Dr.S.S.        Details of   Haemorrhage -
       Hisashi             J.J.P.M. Sonawane    injuries        and      shock
                                    (PW 113)    mentioned       due         to
                                                in the P.M.     multiple





                                                notes.          firearm
                                                Medical         injuries
                                                officer has     (Unnatural)
                                                given           Ex.448
                                                evidence        (Colly.)
                                                regarding
                                                cause      of





                                                death only.




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    1     2       3        4       5           6                  7               8
    38 Murad      Oberoi   28-11-08 Dr.R.C.    1.       Entry     Haemorrhag -




                                                           
       Amarsi              Sion     Dere       wound below        e        shock
                                    (U/s 294   inferior           following
                                    of         angle of left      firearm
                                    Cr.P.C.)   scapula.           injuries
                                               Exit wound         (Unnatural)
                                               over anterior      Ex.1529




                                            
                                               part of left
                                               axilla
    39 Loumiya
       Hiridaji
       Amarsi
                  Oberoi
                           Sion
                               
                           28-11-08 Dr.R.C.
                                    Dere
                                    (U/s 294
                                               1. Punctured
                                               wound over
                                               right axilla.
                                                                  Haemorrhag Bullet
                                                                  e
                                                                  following
                                                                           shock preserve
                                                                                 d for B.E.
                                    of         2. Wound of        firearm
                              
                                    Cr.P.C.)   entry at left      injuries
                                               radius. Bullet     (Unnatural)
                                               retrieved          Ex.1530
                                               from     lower
                                               part          of
                                               radius.
          

                                               3.        Entry
                                               wound over
       



                                               left side iliac
                                               fossa. Bullet
                                               retrieved
                                               from pelvis.
                                               4. Wound of
                                               entry      over





                                               anterior part
                                               of       thigh.
                                               Bullet
                                               retrieved
                                               from medial
                                               aspect        of
                                               femur       and





                                               other minor
                                               injuries




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                                           132




                                                                                     
                                                             
    1     2         3        4         5           6                 7                 8
    40 Scherr Alan Oberoi    30.11.08 Dr. S.Javale    Details of     Fracture    of -




                                                            
       Michael               J.J. P.M. (PW-100)    injuries          skull    bones
                                                   mentioned         and
                                                   in the P.M.       laceration of
                                                   notes.            brain tissue
                                                   Medical           due to fire
                                                   officer has       arm




                                                
                                                   given             (Unnatural)
                                                   evidence          (Ex.396)
                              ig                   regarding
                                                   cause      of
                                                   death only.
    41 Neomi Leiya Oberoi    -         -               ---           --                --
                            
       Sher

    42 Sandeep      Oberoi   29.11.08 Dr. Bagul Three entry          Death due to --
       Kisan                 J.J. P.M. (U/s 294 of wounds and        firearm
       Jeswani                         Cr.P.C.)    three   exit      injuries
          

                                                   wounds on         (Unnatural)
                                                   various           (Ex.1537)
                                                   parts of the
       



                                                   body.
    43 Lo     Hawei Oberoi   30.11.08 Dr. Javale    Details of       Fracture skull --
       Yen                   J.J. P.M. (P.W.100) injuries            bones     and
                                                 mentioned           laceration of
                                                 in the P.M.         brain     with





                                                 notes.              abdominal
                                                 Medical             injury due to
                                                 officer has         fire      arm
                                                 given               (Unnatural)
                                                 evidence            (Ex.397)
                                                 regarding
                                                 cause      of





                                                 death only.




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                                           133




                                                                                        
                                                              
                                                             
    1     2         3        4         5            6               7                8
    44 Jhirachant   Oberoi   28.11.08 Dr.      S.   Two entry       Haemorrhag       Two
       Kanmani               J.J.P.M. Kachare       wounds.         e and shock      bullets
       @ Jina                         (U/s 294      One       on    due         to   preserve
                                      of            right           firearm          d for B.E.
                                      Cr.P.C.)      forehead        injuries




                                                
                                                    and other       (Unnatural)
                                                    on       left   (Ex.1539)
                                  ig                forehead.
                                                    One     lead
                                                    bullet
                                                    retrieved.
                                                    One copper
                                
                                                    jacketed
                                                    bullet
                                                    retrieved.
    45 Altino       Oberoi   28.11.08 Dr. G.S.      1. Firearm      Haemorrhag Bullet
       D'Lorenjo             J.J. P.M. Chavan       wound      of   e and shock preserve
          

                                       (U/s 294     entry      on   due         to d for B.E.
                                       of           the     right   firearm
       



                                       Cr.P.C.)     side       of   injuries
                                                    face.           (Unnatural)
                                                    2. Glancing     (Ex.1528)
                                                    wound      of
                                                    firearm on
                                                    right supra





                                                    clavicular
                                                    region.
                                                    The bullet
                                                    was
                                                    retrieved
                                                    from intra
                                                    muscular





                                                    region     on
                                                    back of left
                                                    shoulder




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                                        134




                                                                                   
                                                           
    1     2         3         4        5             6               7               8
    46 Brett Gilbert Oberoi   27.11.08 Dr.           1. Firearm      Haemorrhage --




                                                          
       Tailor                 J.J.P.M. Tasgaonkar    entry           and      shock
                                       (U/s 294 of   wound on        due         to
                                       Cr.P.C.)      left anterior   firearm
                                                     axillary        injuries
                                                     fold.           (Unnatural)
                                                     2. firearm      (Ex.1538)




                                             
                                                     entry
                                                     wound on
                               ig                    left side of
                                                     chest.
                                                     3. Firearm
                                                     entry
                                                     wound on
                             
                                                     right
                                                     inguinal
                                                     region.
                                                     Correspondi
                                                     ng       exit
          

                                                     wounds
                                                     were     also
                                                     found.
       



                                                     There were
                                                     other minor
                                                     injuries
    47 Farukh       Oberoi    27.11.08 Dr.              Details of   Haemorrhage -
       Dinshaw                J.J.P.M. Sonawane      injuries        and      shock





                                       (PW-113)      mentioned       due         to
                                                     in the P.M.     firearm
                                                     notes.          injuries
                                                     Medical         (Unnatural)
                                                     officer has     (Ex.447
                                                     given           (Colly.)
                                                     evidence





                                                     regarding
                                                     cause      of
                                                     death only.




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                                          135




                                                                                  
                                                          
    1     2       3         4         5            6                7               8
    48 Reshma     Oberoi    28.11.08 Dr. Niturkar 1.     Firearm    Haemorrhag --




                                                         
       Sunil                J.J.P.M. (PW-104)     entry wound       e and shock
       Parikh                                     at left supra     due         to
                                                  clavicular        firearm
                                                  fossa 1 cm.       injuries
                                                  from route of     (Unnatural)
                                                  neck.             (Ex.417)




                                               
                                                  Correspondin
                                                  g exit wound
                              ig                  was        also
                                                  found.     And
                                                  other minor
                                                  injuries.
                            
    49 Sunil       Oberoi   28.11.08 Dr. Chavan 1. Firearm          Haemorrhag --
       Shevantilal          J.J. P.M. (U/s 294 of entry wound       e and shock
       Parekh                         Cr.P.C.)    on        right   due         to
                                                  check             firearm
                                                  2.     Firearm    injuries
                                                  entry wound       (Unnatural)
          

                                                  on      medial    (Ex.1523)
                                                  aspect of left
       



                                                  forearm.
                                                  3.     Firearm
                                                  entry wound
                                                  above
                                                  popliteal
                                                  fossa.





                                                  4.     Firearm
                                                  entry wound
                                                  on right calf.
                                                  The
                                                  correspondin
                                                  g          exit
                                                  wounds were





                                                  also    found.
                                                  Skull      was
                                                  found
                                                  fractured.




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    1     2         3        4        5             6               7               8
    50 Ajit         Oberoi   28.11.08 Dr.           1. Firearm      Haemorrhage --
       Shrichand             J.J.P.M. Tasgaonkar    wound      of   and      shock
       Chabriya                       (U/s 294 of   entry      on   due         to
                                      Cr. P.C.)     left knee.      firearm
                                                    2. Firearm      injuries




                                            
                                                    wound      of   (Unnatural)
                                                    entry      on   (Ex.1534)
                              ig                    right side of
                                                    shoulder.
                                                    3. Firearm
                                                    wound      of
                                                    entry      on
                            
                                                    left    hand
                                                    dorsum.
                                                    Correspondi
                                                    ng       exit
                                                    wounds
          

                                                    were     also
                                                    found
       



    51 Sanjay Vijay Oberoi   28.11.08 Dr.           1. Firearm      Haemorrhage --
       Agarwal               J.J.P.M. Tasgaonkar    wound      of   and      shock
                                      (U/s 294 of   entry     on    due         to
                                      Cr. P.C.)     right side of   firearm
                                                    back.           injuries
                                                    2. Firearm      (Unnatural)





                                                    wound      of   (Ex.1533)
                                                    exit     left
                                                    side       of
                                                    chest
                                                    anteriorly.





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    1     2        3      4        5           6                    7               8
    52 Rita Sanjay Oberoi 28.11.08 Dr.         1.      Firearm      Haemorrhage --
       Agarwal            J.J.P.M. Chavan      wound of entry       and      shock
                                   (U/s 294    over          left   due         to
                                   of    Cr.   forearm              firearm
                                   P.C.)       posterior            injuries




                                            
                                               aspect.              (Unnatural)
                                               2.      Firearm      (Ex.1522)
                            ig                 wound of entry
                                               on          right
                                               posterior
                                               axillary line 20
                                               cm below right
                          
                                               shoulder.
                                               3.      Firearm
                                               entry wound at
                                               lower     lateral
                                               quadrant.
          

                                               Corresponding
                                               exit    wounds
                                               were         also
       



                                               found.     There
                                               were       some
                                               lacerated
                                               wounds also.
    53 Mohit       Oberoi 28.11.08 Dr.       Details      of        Haemorrhage --





       Kanhaiyalal        J.J.P.M. Niturkar  injuries               and      shock
       Harjani                     (P.W.104) mentioned in           due         to
                                             the P.M. notes.        firearm
                                             Medical officer        injuries
                                             has       given        (Unnatural)
                                             evidence               (Ex.418)
                                             regarding





                                             cause of death
                                             only.




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    1     2        3        4         5             6                  7                8
    54 Monika      Oberoi   28.11.08 Dr.            1.      Firearm    Haemorrhage --




                                                           
       Ajit                 J.J.P.M. Tasgaonkar     entry wound        and shock due
       Chabriya                      (U/s. 294 of   on right side      to       firearm
                                     Cr. P.C.)      of neck.           injuries
                                                    2.      Firearm    (Unnatural)
                                                    entry wound        (Ex.1535)
                                                    on left back.




                                               
                                                    3.      Firearm
                                                    entry wound
                                 ig                 on right thigh.
                                                    Three
                                                    corresponding
                                                    exit    wounds
                                                    were        also
                               
                                                    found.
    55 Harsha      Oberoi   28.11.08 Dr.    Bagul 1.     Firearm       Death due to --
       Mohit                J.J.P.M. (U/s 294 of entry wound           firearm
       Harjani                       Cr. P.C.)    over                 injuries (Ex.
                                                  xiphisternum.        1519)
          

                                                  2.        Entry
                                                  wound      over
       



                                                  neck.
                                                  Corresponding
                                                  exit   wounds
                                                  were       also
                                                  found.





    56 Ravi Dara   Oberoi   29.11.08 Dr. Javale     Details of         Fracture skull --
                            J.J. P.M. (PW-100)  injuries               and laceration
                                                mentioned in           of brain due to
                                                the        P.M.        fire       arm
                                                notes. Medical         (Unnatural)
                                                officer     has        (Ex.398)
                                                given





                                                evidence
                                                regarding
                                                cause of death
                                                only.




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    1     2       3      4         5          6            7                8
    57 Uma Vinod Oberoi 29.11.08 Dr.       Details of         Haemorrhag Bullet
       Gark             J.J.P.M. Sonawane injuries         e and shock preserve
                                 (PW-113) mentione         due         to d for B.E.




                                                     
                                          d in the         firearm
                                          P.M.             injuries
                                          notes.           (Unnatural)
                                          Medical          (Ex.453)
                                          officer has
                                          given




                                            
                                          evidence
                                          regarding
                              ig          cause of
                                          death
                                          only.
    58 Pankaj     Oberoi 29.11.08 Dr. Javale Details of    Shock due to --
                            
       Somchand          J.J.P.M. (PW-100) injuries        abdominal
       Shah                                  mentione      injury
                                             d in the      (Unnatural)
                                             P.M.          (Ex.402)
                                             notes.
                                             Medical
          

                                             officer has
                                             given
       



                                             evidence
                                             regarding
                                             cause of
                                             death
                                             only.





    59 Ashok      Oberoi 29.11.08 Dr.       Details of     Haemorrhage --
       Kapoor            J.J.P.M. Sonawane injuries        and      shock
                                  (PW-113) mentione        due         to
                                           d in the        firearm
                                           P.M.            injuries
                                           notes.          (Unnatural)
                                           Medical         (Ex.454)





                                           officer has
                                           given
                                           evidence
                                           regarding
                                           cause of
                                           death
                                           only.




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    1     2       3        4        5           6              7               8
60 Anand Oberoi 29.11.08 Dr. 1. Haemorrhag --




                                                         
       Suryadatta          J.J.P.M. Chavan      Circular       e and shock
       Bhatt                        (U/s 294    wound 20       due        to
                                    of          cm below       firearm
                                    Cr.P.C.)    right          injuries
                                                nipple         (Unnatural)
                                                2. Circular    (Ex.1536)




                                             
                                                wound 25
                                                cm below
                            ig                  left nipple.
                                                The injury
                                                No.2
                                                communic
                                                ate     with
                          
                                                injury No.
                                                1.    There
                                                were
                                                multiple
                                                superficial
          

                                                punctured
                                                wounds at
                                                right
       



                                                forearm.
                                                Perforating
                                                wound at
                                                right
                                                forearm.





    61 Rohington Oberoi    29.11.08 Dr.         1. Firearm     Haemorrhag Bullet
       Bajji Maloo         J.J.P.M. Chavan      entry          e and shock preserved
                                    (U/s 294    wound          due        to for B.E.
                                    of    Cr.   over           firearm
                                    P.C.)       lateral        injuries
                                                aspect of      (Unnatural)
                                                right upper    (Ex.1524)





                                                arm.
                                                2. Firearm
                                                entry
                                                wound
                                                over    the
                                                right




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    1     2             3        4       5           6                7                 8
          contd..       -        -       -           side       of -                    -




                                                             
          Rohington                                  abdomen.
          Bajji Mallu                                3. firearm
                                                     entry
                                                     wound over
                                                     left side of
                                                     abdomen.




                                                  
                                                     Two      exit
                                                     wounds
                                  ig                 correspondi
                                                     ng to injury
                                                     Nos.1 & 2
                                                     were noted.
                                                     A      bullet
                                
                                                     was found
                                                     retained in
                                                     front      of
                                                     body of L4
                                                     vertebra
          

    62 Kannubhai        Oberoi   --      --              --           --                --
       Zaverbhai
       



       Patel

    63 Anil             Oberoi   28.11.08 Dr.          Details of        Haemorrhag --
       Bipinchandr               J.J.P.M. Niturkar   injuries         e and shock
       a Thaker                           (PW-104)   mentioned        due         to





                                                     in the P.M.      firearm
                                                     notes.           injuries
                                                     Medical          (Unnatural)
                                                     officer has      (Ex.416)
                                                     given
                                                     evidence
                                                     regarding





                                                     cause     of
                                                     death only.




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    1     2      3      4         5            6                  7                8
    64 Jordan   Oberoi 28.11.08   Dr.          1.     Firearm     Haemorrhag bullet
       Geigy           J.J.P.M.   Chavan       entry wound        e and shock preserve
       Fernande                   (U/s. 294    on        neck     due         to d for B.E.




                                                           
       s                          of     Cr.   below              firearm
                                  P.C.)        mandible           injuries
                                               2.    crushed      (Unnatural)
                                               lacerated          (Ex.1525)
                                               wound was
                                               noted due to




                                              
                                               firearm
                                               injury       on
                             ig                right fronto
                                               temporo
                                               parietal
                                               region.
                                               3.     firearm
                           
                                               wound         of
                                               entry        on
                                               back          of
                                               interior angle
                                               of the right
          

                                               scapula .
                                               4.     firearm
                                               exit    wound
       



                                               on          left
                                               shoulder.
    65 Neeta     Oberoi 27.11.08 Dr. Javale Details     of        Head injury --
       Prakash          J.J.P.M. (PW-100) injuries                (Perforation)
       Gaikwad                              mentioned in          due to blast





                                            the      P.M.         (Unnatural)
                                            notes.                (Ex.403)
                                            Medical
                                            officer   has
                                            given
                                            evidence
                                            regarding





                                            cause       of
                                            death only.




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    1     2         3       4         5           6                7               8
66 Shaunak Oberoi 27.11.08 Dr. Chavan 1. Haemorrhage --




                                                        
       Jaywant           J.J. P.M. (U/s.294 of Punctured           and      shock
       Chemburkar                  Cr. P.C.)   lacerated           due         to
                                               wound over          firearm
                                               left femoral        injuries
                                               triangle area       (Unnatural)
                                               of thigh .          (Ex.1526)




                                               
                                               2. Contused
                                               lacerated
                              ig               wound        on
                                               left    supra-
                                               scapular
                                               region.
                                               3.         Four
                            
                                               small
                                               lacerations
                                               surrounding
                                               injury No.2.
                                               4.       Small
          

                                               punctured
                                               laceration
                                               over        left
       



                                               lower back.
                                               5.       Three
                                               abrasions
                                               over        left
                                               side.





    67 Wilson       Oberoi 27.11.08 Dr.           Details     of   Haemorrhage --
       Benjamin            J.J.P.M. Sonawane      injuries         and      shock
       Mandalik                     (PW-113)      mentioned in     due         to
                                                  the      P.M.    multiple fire-
                                                  notes.           arm injuries
                                                  Medical          (Unnatural)
                                                  officer   has    (Ex.445





                                                  given            (Colly.)
                                                  evidence
                                                  regarding
                                                  cause       of
                                                  death only.




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    1     2       3        4         5             6                  7                8

68 Sarjerao Oberoi 27.11.08 Dr. 1. Firearm entry Haemorrhage --

Sadashiv J.J.P.M. Meshram wound on right and shock Bhosale (U/s. 294 side of neck. due to of Cr. P.C.) 2. Firearm entry firearm wound over left injuries side of neck. (Unnatural)

3. firearm entry (Ex.1527) wound on left side of chest ig anteriorly.

4. firearm entry wound on right side of back.

                                                   Corresponding
                              
                                                   exit      wounds
                                                   were also found.
    69 Jasmin   Oberoi     27.11.08 Dr. Bagul 1. Crushed left         Haemorrhage --
       Mahendra            Rajawadi (U/s.294 of forearm     injury    & shock due
       singh               P.M.     Cr. P.C.)   with     multiple     to firearm &
          

       Burji                                    lacerations.          grenade
                                                2. Crushed left       injuries
       



                                                posterior elbow       (Unnatural)
                                                with     muscles      (Ex.1520)
                                                crushed.
                                                3. Two injuries
                                                were noted on
                                                right abdomen





                                                midclavicular
                                                line.
                                                4. Blast injury
                                                was noted on
                                                right hand.
                                                5. Entry wound
                                                of bullet at left





                                                thigh region.




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    1     2          3      4         5           6                 7                8
    70 Sanjay      Oberoi 27.11.08 Dr. Bagul 1.           Bullet    Haemorrhage --




                                                         
       Sambhajirao        G.T.     (U/s. 294 injury to left         & shock due
       Surve              Hospital of Cr. P.C.) side of chest.      to      firearm
                                                2.        Bullet    injuries    and
                                                injury to left      perforating
                                                hand.               lungs       and
                                                3.        Bullet    heart




                                               
                                                injury to right     (Unnatural)
                                                thigh.              (Ex.1521)
                              ig                4.        Bullet
                                                injury        to
                                                pelvic region.
                                                            The
                                                corresponding
                            
                                                exit     wound
                                                were       also
                                                found.
    71 Bimolchand    Oberoi 28.11.08 Dr.      Details     of        Haemorrhage --
       Maibam               J.J.P.M. Sonawane injuries              & shock due
          

                                     (PW-113) mentioned in          to       firearm
                                              the       P.M.        injuries
       



                                              notes. Medical        (Unnatural)
                                              officer    has        (Ex.451
                                              given                 (Colly.)
                                              evidence
                                              regarding
                                              cause       of





                                              death only.
    72 Mohabbat   Vile      27.11.08 Dr.          Head,      neck   Death due to --
       Umer abdul Parle     Cooper Kachare        and face were     Bomb     Blast
       Khalid               P.M.     (PW-600)     intact. Other     Explosion
                                                  limbs of the      (Unnatural)
                                                  body      were    (Ex.1576)





                                                  dislocated,
                                                  fractured,
                                                  ruptured     or
                                                  crushed.




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    1     2          3        4         5           6                7                 8
    73 Laxminaraya Vile       27.11.08 Dr.          Details     of   Death due to --




                                                          
       n Goyal     Parle      Cooper   Kachare      injuries         Bomb     Blast
                              P.M.     (PW-600      mentioned in     Explosion
                                       )            the       P.M.   (Unnatural)
                                                    notes. Medical   (Ex.1575)
                                                    officer    has
                                                    given




                                             
                                                    evidence
                                                    regarding
                               ig                   cause       of
                                                    death only.
    74 Mrs.Jarina    Mazgao   27.11.08 Dr.          Details     of   Shock due to --
       Samsuddin     n        J.J.P.M. Javale       injuries         multiple
                             
       Shaikh                          (PW-100      mentioned in     injuries
                                       )            the       P.M.   (Unnatural)
                                                    notes. Medical   (Ex.404)
                                                    officer    has
                                                    given
                                                    evidence
          

                                                    regarding
                                                    cause       of
       



                                                    death only.
    75 Fulchand      Mazgao   28.11.08 Dr.     N.   Most of the      Death due to --
       Shriramkish   n        J.J. P.M. Khan        limbs     were   Bomb     Blast
       ore Bind                         (U/s.294    found            injuries
                                        of          mutilated        (Unnatural)





                                        Cr.P.C.)                     (Ex.1518)
    76 Mrs.Reema     Mazgao   28.11.08 Dr.          Details     of   Heamorrhage --
       Mohamad       n        J.J.P.M. Sonawa       injuries         and shock in
       Ravivul                         ne           mentioned in     a    case   of
       Shaikh                          (PW-113      the       P.M.   blast injuries
                                       )            notes. Medical   (Unnatural)
                                                    officer    has   (Ex.450





                                                    given            (Colly.)
                                                    evidence
                                                    regarding
                                                    cause       of
                                                    death only.




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    1     2      3        4           5           6                  7              8
    77 Shashank C.S.T.    27.11.08    Dr.  Katke 1.       Firearm    Death due --
       Chandrase          J.J. P.M.   (PW-592)   entry     wound     to
       n Shinde                                  on left side of     haemorrhag
                                                 back, scapular      e and shock
                                                 region..            due       to




                                               
                                                 2.       firearm    firearm
                                                 entry     wound     injuries
                               ig                on left side of     (Unnatural)
                                                 back laterally.     (Ex.1541)
                                                 3.       firearm
                                                 entry     wound
                                                 on left elbow
                             
                                                 posteriorly.
                                                 Corresponding
                                                 exit     wounds
                                                 were         also
                                                 found.
          

    78 Aamina    C.S.T.   27.11.08    Dr. Walter 1.    Punctured     Massive        --
       Begum              K.E.M.      Vaz        wound        over   Cranio-
       



       Hamid                          (PW-604)   the left side of    cerebral
       Shaikh                                    nape of the         trauma as a
                                                 neck.               result      of
                                                 2.      Irregular   rifled-bore
                                                 torn laceration     gunshot
                                                 involving the       injury. (Ex.





                                                 bridge and the      1590)
                                                 ala of nose on
                                                 right side.
                                                 3.      Irregular
                                                 reddish impact
                                                 abrasion over
                                                 right side of





                                                 forehead.




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    1     2         3        4         5          6               7              8

79 Ashraf Ali C.S.T. 27.11.08 Dr. Javale 1. Shock due A piece Allaharakha J.J. P.M. (PW-100) Superficial to firearm of bullet Shaikh graze injury preserve contusion (Unnatural d for B.E.

                                                 over    right    ) (Ex.394)
                                                 chest            (Colly.)
                                                 2.       Two




                                                
                                                 punctured
                                                 marks over
                              ig                 right chest.
                                                 3. C.L.W. at
                                                 chin
                                                 4.
                                                 Punctured
                            
                                                 marks      at
                                                 elbow.
    80 Ajij Nabilal C.S.T.   27.11.08 Dr.    A. 1.   Firearm      Death due --
       Rampure               St.      Shinde    entry             to firearm
                             George   (PW-595) wound      on      injury
          

                                                right side of     (Unnatural
                                                chest.            )      (Ex.
       



                                                2.   Firearm      1556)
                                                exit wound
                                                on left side
                                                of chest.
    81 Akash       C.S.T.    27-11-08 Dr.Shinde 1.   Firearm      Death due      Eight





       Akhilesh              St.      (PW 595) entry wound        to fire arm    pallets
       Yadav                 George             on the head,      injury         preserve
       (Originally                              back       left   (Unnatural     d for B.E.
       registered                               side              )       (Ex.
       as unknown                               laterally         1555)
       male)                                    2.        Four
                                                pallets





                                                recovered
                                                underneath
                                                scalp      and
                                                four pallets
                                                recovered
                                                from brain




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    1     2      3     4         5           6              7               8
    82 Mukesh    C.S.T. 27.11.08 Dr. Ganesh 1. firearm      Haemorrhag --
       Bhikaji          J.J.P.M. Rathod     entry           e and shock
       Jadhav                    (PW-598)   wound on        due       to




                                                      
                                            left side of    firearm
                                            chest.          injury
                                            2.       Exit   (Unnatural)
                                            wound on        (Ex.1565)
                                            left side of
                                            left




                                            
                                            scapula.



       Mallapa
       Sakhare
                            
    83 Sitaram C.S.T. 27.11.08 Dr.
                      J.J.P.M.
                                          1. Firearm
                               Tasgaonkar entry
                               (PW-83)    wound on
                                                            Death
                                                            to
                                                                     due Bullet
                                                                         preserved
                                                            haemorrhag for B.E.
                                          right side of     e and shock
                           
                                          chest.            du        to
                                          2. Firearm        firearm
                                          entry             injuries
                                          wound on          (Unnatural)
                                          right    arm      (Ex.330)
                                          medial
          

                                          aspect
                                          3. Firearm
       



                                          entry
                                          wound on
                                          left     arm
                                          laterally.
                                          3.     There
                                          were





                                          correspondi
                                          ng       exit
                                          wounds
                                          also.
                                          4.       One
                                          bullet was
                                          retrieved





                                          from       the
                                          muscles of
                                          right arm.




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    1     2        3     4        5          6                7               8
    84 Rahimtulla C.S.T. 27.11.08 Dr.      1. Firearm         Haemorrhag Bullet
       Ibrahim           J.J.P.M. Sonawane entry              e and shock preserve
                                  (PW-113) wound on           due to fire d for B.E.




                                                       
                                           right thigh.       arm    injury
                                           2.       The       (Unnatural)
                                           bullet had         (Ex.441)
                                           passed
                                           through
                                           skin




                                           
                                           subcutaneo
                                           us    tissue,
                              ig           femoral
                                           vessels,
                                           pelvis and
                                           was found
                                           lodged     at
                            
                                           left side of
                                           buttock
    85 Mishrilal   C.S.T. 27.11.08 Dr.A.     1. Firearm       Death due to    Deforme
       Mourya             St.      Shinde    entry            firearm         d copper
                          George (PW-595)    wound on         injury          pieces
          

                                             left side of     (Unnatural)     preserve
                                             face.            (Ex.1558)       d for B.E.
       



                                             2. Firearm
                                             entry
                                             wound on
                                             right chest
                                             laterally
                                             3. Firearm





                                             entry
                                             wound on
                                             right side
                                             chest
                                             lateral    to
                                             Injury No.2.
                                             There were





                                             correspondi
                                             ng        exit
                                             wounds
                                             also.




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    1     2           3        4        5          6               7                8
          contd..     -        -        -          Deformed -                       -




                                                            
          Mishrilal                                copper
          Mourya Shri                              pieces two
          Garib                                    in number
          Mourya                                   were
                                                   retrieved
                                                   from right




                                                 
                                                   side chest
                                                   cavity.
    86 Vinod
       Madanlal
       Gupta
                      C.S.T.
                               
                               27.11.08 Dr.
                               Nair P.M. Mohite
                                         (PW-23)
                                                   1. An oval
                                                   shaped
                                                   wound
                                                                   Shock     and Bullet
                                                                   haemorrhag preserve
                                                                   e as result of d for B.E.
                                                   over     the    perforation
                              
                                                   lateral part    of both lungs
                                                   of     right    as result of
                                                   pectoral        firearm
                                                   region.         injuries
                                                     2. Bullet     (Unnatural)
                                                   retrieved       (Ex.468)
          

                                                   from     left
                                                   4th
       



                                                   intercostal
                                                   space
    87 Sunil Ashok C.S.T.      27.11.08 Dr.        1. Circular     Shock     and --
       Thackare                Nair P.M. Mohite    lacerated       hemorrhage
                                         (PW-23)   wound           due        to





                                                   (entry          laceration of
                                                   wound)          major blood
                                                   over chin .     vessels     in
                                                   The wound       neck in a
                                                   is directed     case       of
                                                   right           firearm
                                                   laterally       injury





                                                   and             (Homicidal)
                                                   downward.       (Ex.476)
                                                   There was
                                                   evidence
                                                   of fracture
                                                   of
                                                   mandible




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                                            152




                                                                                   
                                                           
                                                          
    1     2           3        4        5            6              7                8
          contd..     -        -        -            2.      Oval -                  -
          Sunil Ashok                                lacerated
          Thackare                                   wound (exit
                                                     wound)
                                                     over base




                                                 
                                                     of neck.
                                                     3. Abrasion
                                ig                   over     left
                                                     side       of
                                                     forehead
88 Haji Ejaj C.S.T. 27.11.08 Dr. Javale 1. Shock due to --
                              
       Bhai                    J.J. P.M. (PW-100)  Punctured        fire     arm
       Imamsaheb                                   wound over       injury
       Dalal                                       left chest.      (Unnatural)
                                                   2.               (Ex.401)
                                                   Punctured
                                                   wound       at
          

                                                   left axillary
                                                   fold.
       



    89 Mira           C.S.T.   27.11.08 Dr. Javale 1.     Large     Shock due to --
       Narayan                 J.J. P.M. (PW-100)  irregular        laceration
       Chattarji                                   wound over       (Thoracic
                                                   left pectoral    Trauma)





                                                   area       at    (Unnatural)
                                                   axillary tail.   (Ex.405)
                                                   Ribs     and
                                                   muscles
                                                   were found
                                                   fractured
                                                   and





                                                   contused




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    1     2          3        4        5          6                   7                8
    90 Shirish       C.S.T.   27.11.08 Dr.      1.      Firearm       Shock     and --




                                                          
       Sawla Chari            K.E.M.   Balsara  entry     wound       haemorrhage
                                       (PW-593) oval shape at         as a result of
                                                lateral end of        cranio-
                                                left eyebrow.         cerebral
                                                2. Exit wound         injuries
                                                of       spindle      allegedly




                                                
                                                shape at upper        sustained due
                                                back, left side       to gun shot
                               ig               of the neck           injury    (Ex.
                                                                      1545)
    91 Sushilkumar C.S.T.     27.11.08 Dr.        1.    Lacerated     Shock      and --
       Vishwmbhar             Nair P.M. Mohite    wound over the      haemorrhage
                             
       Sharma                           (PW-23)   right      chest    due         to
                                                  region    below     perforation of
                                                  midclavicular       right lung in
                                                  point 10 cm         case        of
                                                  above the right     firearm injury
                                                  nipple(Entry        (Unnatural)
          

                                                  wound)              (Ex.477)
                                                  2.     Elliptical
       



                                                  lacerated
                                                  wound       over
                                                  the right back
                                                  region
    92 Murlidhar     C.S.T.   27.11.08 Dr.      1.       Firearm       Haemorrhage --





       Laxman                 J.J.P.M. Rathod   entry wound on        and shock due
       Choudhary                       (PW-598) axillary     line     to     firearm
                                                right side            injury
                                                2. Exit wound         (Unnatural)
                                                on left side in       (Ex.1566)
                                                mid      axillary
                                                line.





                                                3.          Entry
                                                wound          on
                                                lateral aspect
                                                of right arm.
                                                4. Exit wound
                                                on        middle
                                                aspect on right
                                                arm.




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    1     2        3      4       5           6              7               8
    93 Ambadas    C.S.T. 27.11.08 Dr.         1.    Entry    Haemorrhag Bullet




                                                       
       Ramchandra        J.J. P.M. Niturkar   wound on       e and shock preserve
       Pawar                       (PW-104)   occipital      due        to d for B.E.
                                              region left    firearm
                                              side.          injuries
                                              Bullet         (Unnatural)
                                              retrieved      (Ex.427)




                                           
                                              from right
                                              frontal
                               ig             lobe. The
                                              track     of
                                              the bullet
                                              was
                                              lacerated
                             
                                              and
                                              hammerra
                                              gic.
    94 Jaikumar    C.S.T. 28.11.08 Dr.        1. Circular    Shock     and --
       Durairaj           K.E.M.   Balsara    punctured      haemorrhag
          

       Nadar                       (PW-593)   entry          e as a result
                                              wound          of gun shot
       



                                              anterior       injuries, as
                                              inner          alleged.
                                              upper side     (Ex.1546)
                                              of     right
                                              thigh.
                                              2.     Oval





                                              punctured
                                              exit wound
                                              at       the
                                              anterior
                                              outer
                                              upper side
                                              of     right





                                              thigh




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                                        155




                                                                                    
                                                            
    1     2       3      4         5          6             7                 8
    95 Deepali   C.S.T. 27.11.08 Dr. Walter 1.              Haemorrhage       Metallic




                                                           
       Janardhan        K.E.M.   Vaz        Dislocatio      shock as a        splintersan
       Chitekar                  (PW-604) n of head         result      of    d     small
                                            of     right    blast injuries    metallic
                                            humerus.        to the left       balls
                                            2.              lung, spleen      preserved
                                            Multiple        and      both     for B.E.




                                             
                                            punctuate       lower limbs.
                                            d       and     (Ex.1591)
                              ig            irregular
                                                 impact
                                            abrasions
                                            contusions
                                            and     torn
                            
                                            lacerations
                                            over     left
                                            side       of
                                            face, outer
                                            aspect of
          

                                            back       of
                                            the      left
                                            side       of
       



                                            trunk, all
                                            around the
                                            left   limb
                                            and over
                                            inner





                                            aspect of
                                            right thigh
                                            and       all
                                            around
                                            right    leg
                                            and foot.





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    1     2      3        4          5           6                 7                8
96 Raju C.S.T. 27.11.08 Dr. Walter 1. Multiples Haemorrhagic --




                                                         
       Janardhan          K.E.M.     Vaz        small       and    shock as a
       Chitekar                      (PW-604)   larger             result of blast
                                                abrasions          injuries of the
                                                contusions         left lung and
                                                and                spleen,
                                                lacerations        contributed to




                                              
                                                along the left     by rupture of
                                                side of body.      the       small
                               ig               2. Lacerations     intestine also
                                                over the left      due to blast
                                                side of head       injury     (Ex.
                                                over left flank    1592)
                                                of trunk over
                             
                                                the       outer
                                                aspect of left
                                                buttock, thigh,
                                                knee joint, calf
                                                and heel.
          

                                                3. Lacerations
                                                over       right
                                                thigh left side
       



                                                of    back    of
                                                trunk       and
                                                multiple small
                                                punctuate and
                                                irregular





                                                impact
                                                abrasions
                                                contusions
                                                and
                                                            torn
                                                lacerations all
                                                around       the





                                                left upper limb




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    1     2      3        4         5           6               7             8
    97 Aditya    C.S.T.   27.11.08 Dr. Walter 1.   Firearm      Extensive     --




                                                         
       Ashok              K.E.M.   Vaz        entry wound       craniocerebr
       Yadav                       (PW-604)   over      the     al trauma as
                                              right side of     a result of
                                              back of the       rifled  bore
                                              head        in    gunshot
                                              occipital         injury   (Ex.




                                              
                                              region            1593)
                                              cranial
                               ig             cavity deep.
                                              2.   Firearm
                                              exit wound
                                              over fronto
                                              temporo
                             
                                              parietal
                                              region

98 Hasibul C.S.T. 27.11.08 Dr. Balsara 1. Circular Shock and bullet Raheman K.E.M. (PW-593) punctured haemorrhag preserve Faizuddin firearm e d for B.E.

          

       Raheman                                 entry wound      contributed
       Shaikh                                  below     the    to        by
       



                                               tip of 7th       cardiac
                                               cervical         tamponade
                                               vertebra.        as a result
                                               Bullet was       of gun shot
                                               retrieved        injury
                                               from             (Unnatural)





                                               sternocostal     (Ex.1547)
                                               junction
                                               (anterior
                                               side of chest
                                               wall) . And
                                               other minor
                                               injuries.





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                                          158




                                                                                  
                                                         
    1     2         3        4        5          6            7                8
    99    Prakash   C.S.T.   27.11.08 Dr.Mohite 1.    Open    Instantaneou --
          Janath             Nair P.M. (PW-23)  skull vault   s death due
          Mandal                                fracture      to     cranio




                                                        
                                                involving     cerebral
                                                frontal       injury
                                                parietal      (Unnatural)
                                                and           (Ex.478)
                                                occipital
                                                area with




                                               
                                                underline
                                                bones,
                                  ig            dura and
                                                brain
                                                absent
                                                ( multiple
                                                skull
                                
                                                fractures
                                                involving
                                                base..

100 Harakha C.S.T. 27.11.08 Dr.Mohite 1. Shock and --

Lalji Nair P.M. (PW-23) Circular haemorrhage Solanki lacerated due to wound multiple over right injuries to chest the liver in region case of below firearm midclavicu injury lar point (Unnatural) (Entry (Ex.479) wound) directed towards back.
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                                     159




                                                                               
                                                     
    1     2       3     4        5         6               7               8
    101 Mohammed C.S.T. 27.11.08 Dr.       1.      Oval    Shock and Bullet
        Amanat          Nair     Mohite    lacerated       haemorrhag preserved
        Mohammed        Hospital (PW-23)   wound           e due to for B.E.




                                                    
        Ali                                over            perforation
                                           posterior       of right lung
                                           lateral         in case of
                                           aspect of       firearm
                                           right arm,      injury
                                           fracture of     (Unnatural)




                                          
                                           humerus,        (Ex.469)
                                           the bullet
                          ig               had
                                           travelled
                                           through
                                           axillary
                                           muscles
                        
                                           and      had
                                           finally
                                           entered
                                           the
                                           thoracic
          

                                           cavity
                                           through
                                           right
       



                                           lateral
                                           wall. The
                                           bullet was
                                           retrieved
                                           from     left





                                           side       of
                                           chest
                                           beneath
                                           the skin in
                                           pectoral
                                           region





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                                        160




                                                                                
                                                        
    1     2        3      4         5         6                  7                  8
    102 Sarfaraz   C.S.T 27-11-08 Dr.      1. Entry wound        Haemorrhagic --
        Sallauddin       K.E.M.   Balsara  of bullet in the      shock    as    a
        Ansari                    (PW-593) left     posterior    result of gun




                                                       
                                           axillary line over    shot injuries as
                                           the     11th    rib   alleged     (Ex.
                                           resulting        in   1548)
                                           fracture.      The
                                           bullet         had
                                           exited at 9th




                                             
                                           intercostal
                                           space.
                               ig          2. Bullet entry
                                           wound at the
                                           upper       lateral
                                           side     of    left
                                           thigh. The said
                             
                                           bullet         had
                                           exited at medial
                                           side and had
                                           again      entered
                                           the medial side
          

                                           of right thigh
                                           and had exited
                                           from        lateral
       



                                           side.
    103 Shaikh     C.S.T 28-11-08 Dr.Walter 1.     Laceration          Traumaric --
        Ayub       .     K.E.M.   Vaz       over the right       Caraniocerebra
        Shaikh                    (PW 604) side of head in       l injury as a
        Yakub                               temporo              result of rifled





                                            parietal             bore gunshot
                                            region(entry)        injury to the
                                            and the exit         head
                                            wound over the       (Ex.1594)
                                            left side of head
                                            just behind the
                                            tip     of    left





                                            mastoid      bone
                                            just behind the
                                            left ear.




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                                           161




                                                                                 
                                                         
    1     2         3        4         5         6                 7                8
    104 Afreen      C.S.T.   27-11-08 Dr.Walter 1.      Spindle    Haemorragic --




                                                        
        Shahadab             K.E.M.   Vaz       shape              shock as a
        Qureshi                       (PW 604) punctured           result      of
                                                wound       over   gunshot
                                                the right side     injury to the
                                                of   back     of   liver     (Ex.
                                                chest(entry)       1595)




                                                
                                                and      spindle
                                                shape
                              ig                punctured
                                                wound       over
                                                the left side of
                                                front of the
                                                chest(exit)
                            
    105 Avadesh     C.S.T.   28-11-08 Dr.Walter 1.     Circular    Haemorragic --
        Sudama               K.E.M.   Vaz       punctured          shock as a
        Pandit                        (PW 604) wound       over    result      of
                                                right flank of     rifled    bore
          

                                                the                gunshot
                                                chest(entry)       injury to the
       



                                                and irregular      right    lung,
                                                lacerated          liver      and
                                                wound      over    spleen.
                                                the lower part     (Ex.1596)
                                                of back of the
                                                chest(exit)





    106 Chandulal   C.S.T.   27-11-08 Dr.Mohite 1.      Circular   Shock    and --
        Kashinath            Nair P.M. (PW 23)  lacerated          haemorrhage
        Tandel                                  wound      over    due to injury
                                                right parietal     to       vital
                                                region of scalp    organs in a
                                                (entry)     and    case        of





                                                oval lacerated     firearm
                                                wound      over    injuries
                                                and       upper    (Unnatural)
                                                lateral aspect     (Ex.471)
                                                of neck(exit).




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                                  162




                                                                         
                                                 
    1     2           3   4   5         6                7                 8
          contd..     -   -   -            2.   Circular -                 -




                                                
          Chandulal                     lacerated
          Kashinath                     wound       over
          Tandel                        nape            of
                                        neck(Entry)
                                        and          oval
                                        lacerated




                                       
                                        wound       over
                                        inter scapular
                           ig           region          of
                                        back(exit).
                                        3.      Circular
                                        lacerated
                                        wound       over
                         
                                        umbilical
                                        region(entry)
                                        and      circular
                                        lacerated
                                        wound       over
          

                                        left         iliac
                                        region.
                                        4.      Circular
       



                                        lacerated
                                        wound           on
                                        right    gluteal
                                        region(entry)
                                        and          oval





                                        laceratedwoun
                                        d over right
                                        iliac region.
                                        5.      Multiple
                                        abrasion        on
                                        left
                                        supraclavicula





                                        r region.




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                                          163




                                                                                 
                                                         
    1     2         3        4        5           6                7                8
    107 Manohar     C.S.T.   27-11-08 Dr.Mohite   1.    Circular   Shock     and --
        Sohani               Nair P.M. (PW 23)    lacerated        haemorrhage
                                                  wound over       due         to




                                                        
                                                  right scapula    perforation of
                                                  region(entry)    right lung in
                                                  and       oval   case        of
                                                  lacerated        firearm injury
                                                  over     right   (Unnatural)
                                                  supra-           (Ex.480)




                                               
                                                  clavicular
                                                  region(exit)
    108 Mohamme C.S.T.
        d Hussain
        Moh.
                             
                             27-11-08 Dr.Mohite
                             Nair P.M. (PW 23)
                                                  1.
                                                  lacerated
                                                  wound over
                                                            Oval   Cranio
                                                                   cerebral
                                                                   injury in a
        Alamgir                                   left parietal    case        of
                            
        Shaikh                                    region      of   firearm injury
                                                  scalp(entry)     (Unnatural)
                                                  and circular     (Ex.481)
                                                  wound over
                                                  right
                                                  occipital
          

                                                  region (exit)
    109 Murtaza     C.S.T.   27-11-08 Dr.Mohite   1.    Circular   Shock      and --
       



        Ansari               Nair P.M. (PW 23)    lacerated        haemorrhage
        Sahauddin                                 wound over       due          to
        Ansari                                    left side of     laceration of
                                                  back(entry)      heart in case
                                                  and       oval   of     firearm





                                                  lacerated        injury
                                                  wound over       (Unnatural)
                                                  left side of     (Ex.482)
                                                  chest (exit).
                                                  2.
                                                  Perforating
                                                  lacerated





                                                  wound on




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                                      164




                                                                             
                                                     
    1     2            3   4      5          6                 7               8
          contd..                            flexor aspect




                                                    
          Murtaza                            of         left
          Ansari                             forearm (re-
          Sallauddin                         entry
          Ansari                             wound) and
                                             perforating
                                             lacerated




                                           
                                             wound       on
                                             extensor
                            ig               aspect of left
                                             forearm
                                             (      re-exit
                                             wound). The
                                             bullet    had
                          
                                             entered the
                                             body     from
                                             the back and
                                             had    exited
                                             from       the
          

                                             wound       on
                                             the     chest
                                             and had re-
       



                                             entered the
                                             forearm on
                                             flexor aspect
                                             and    exited
                                             from





                                             extensor
                                             aspect
    110 Mohammed C.S.T. 27-11-08 Dr.Mohite   1.       Oval     Cranio-        -
        Arif Mohd.      Nair P.M. (PW 23)    lacerated         cerebral
        Islam                                wound over        injury in case
        Ansari                               left side of      of     firearm
                                             neck(entry)       injury





                                             and      oval     (Unnatural)
                                             lacerated         (Ex.483)
                                             wound over
                                             left temporal
                                             region (exit).




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                                            165




                                                                                   
                                                           
    1     2            3      4         5         6                 7                8
          contd..      -      -         -         2.      Circular -                 -




                                                          
          Mohamme                                 lacerated
          d       Arif                            wound       over
          Mohd.                                   anterior     and
          Islam                                   middle aspect
          Ansari                                  of          right
                                                  thigh(entry)




                                                 
                                                  and          oval
                                                  lacerated
                                   ig             wound       over
                                                  upper        and
                                                  lateral aspect
                                                  of right thigh.
                                                  (exit).
                                 
                                                  3.          Oval
                                                  lacerated
                                                  wound       over
                                                  anterior     and
                                                  middle part of
          

                                                  left       thigh
                                                  (entry) and
                                                  oval lacerated
       



                                                  wound       over
                                                  the      middle
                                                  and posterior
                                                  aspect         of
                                                  thigh(exit)





    111 Mohd.          C.S.T. 27-11-08 Dr.      1.         Entry    Shock      and --
        Mukhtar               K.E.M.   Balasar  wound          of   haemorrhage
        Malik                          (PW 593) bullet at the       as a result of
                                                upper       right   gun       shot
                                                back side over      injury      as
                                                the    scapular     alleged
                                                area and exit       (Unnatural)





                                                wound          of   (Ex.1549)
                                                bullet over the
                                                upper side of
                                                anterior
                                                axillary fold.




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                                        166




                                                                                   
                                                          
                                                         
    1     2    3       4          5           6                 7               8
    112 Abbas C.S.T.   27-11-08   Dr.      1.       firearm     Haemorrhag      Bullet
        Rajjab         J.J.P.M.   Niturkar entry     wound      e and shock     preserve
        Ansari                    (PW 104) over left side       due        to   d      for
                                           of chest and         firearm         B .E.
                                           exit      wound      injuries




                                             
                                           over       supra     (Unnatural)
                                           lateral     angle    (Ex.425
                            ig             of           right   (Colly.)
                                           scapula.
                                           2.       Firearm
                                           entry     wound
                                           over      medial
                          
                                           aspect of left
                                           arm and exit
                                           wound        over
                                           lateral aspect
                                           of left arm.
          

                                           3.       Firearm
                                           entry     wound
                                           over left 4th
       



                                           intercostal
                                           space. Bullet
                                           was retrieved
                                           from         right
                                           pleural cavity.





                                           The        entire
                                           track of bullet
                                           was lacerated
                                           and
                                           hamerrohages
                                           4.       firearm
                                           entry     wound





                                           over      lateral
                                           aspect of
                                           left thigh and
                                           exit      wound
                                           over      medial
                                           aspect of left
                                           thigh




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                                        167




                                                                                  
                                                         
                                                        
    1     2         3     4         5            6                   7               8
    113 Unknown     C.S.T. 27-11-08 Dr.Dere      1.       Entry      Haemorrhagic
        male               Sion     (PW 602)     wound     over      shock
        person                                   posterior part      following
                                                 of iliac fossa      firearm
                                                 and        exit     injuries




                                             
                                                 wound      just     (Unnatural)
                                                 below the left      (Ex.1582)
                            ig                   nipple.
    114 Mrs.        C.S.T. 27-11-08 Dr.Balsara   1.         Entry    Shock     and --
        Sheshaai           K.E.M.   (PW 593)     wound          of   Haemorrhage
        Baburao                                  bullet above        as a result of
                          
        Kharatmal                                the left hip        gunshot
                                                 and          exit   injury    (Ex.
                                                 wound          of   1550)
                                                 bullet      over
                                                 right posterior
                                                 axillary line.
          

                                                 2.        Minor
                                                 punctured
       



                                                 wound       over
                                                 the left lower
                                                 front of left
                                                 thigh.
    115 Narul Islam C.S.T. 27-11-08 Dr.Walter    1.     Circular     Haemorrhage --





        Ajahar             K.E.M.   Vaz          punctured           shock as a
        Mulla                       (PW 604)     wound     over      result        of
                                                 posterior           haemothorax
                                                 parietal            with       intra
                                                 region of the       pulmonary
                                                 head.               haemorrages
                                                 2.       Boggy      due to air





                                                 swelling            blast injury
                                                 extending           (Ex.1597)
                                                 downwards
                                                 along      the
                                                 outer aspect
                                                 of the right
                                                 side of chest.




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    1     2        3        4          5           6                    7               8
    116 Murgan     C.S.T.   28-11-08   Dr.Walter   1.       Multiple    Traumatic       --




                                                           
        Palaniya            K.E.M.     Vaz         irregular            craniocerebr
        Pillai                         (PW 604)    punctuate            al injury as a
                                                   abrasions,           result of solid
                                                   contusions and       blast
                                                   torn lacerations     (Ex.1598)
                                                   over the back of




                                                
                                                   head, back and
                                                   both sides of
                                 ig                neck, back of
                                                   both shoulders,
                                                   the top of right
                                                   shoulder       all
                                                   around the right
                               
                                                   upper limb

    117 Rakhila    C.S.T.   27-11-08   Dr.Meshra 1.       Firearm       Haemorrhag --
        Abbas               J.J.P.M.   m         entry wound on         e and shock
        Ansari                         (PW 596)  right side of          due         to
          

                                                 chest and exit         firearm
                                                 wound on right         injuries
       



                                                 side of back.          (Unnatural)
                                                 2.       Firearm       (Ex.1561)
                                                 entry wound on
                                                 right side of
                                                 back and exit
                                                 wound        over





                                                 right shoulder
                                                 region
                                                 anteriorly.
                                                 3. firearm entry
                                                 wound on right
                                                 side of buttock
                                                 and exit wound





                                                 over right iliac
                                                 fossa region




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    1     2        3      4        5         6                 7                  8
    118 Nitesh     C.S.T. 27-11-08 Dr.      1.      Firearm    Haemorrhage --




                                                     
        Vijaykumar        J.J.P.M. Sonawane entry    wound     and shock due
        Sharma                     (PW 113) over back right    to     multiple
                                            side and exit      firearm
                                            wound     below    injuries
                                            the left side      (Unnatural)
                                            nipple.            (Ex.442




                                            
                                                               (Colly.)
119 Fatmabi C.S.T. 27-11-08 Dr. Dere 1. Entry wound ig Haemorrhagic --
        Rehman            Sion     (PW 602) on left lumbar     shock
        Shaikh                              region and exit    following
                                            wound      over    firearm injury
                                            superior part of   (Unnatural)
                             
                                            right hip.         (Ex.1580)
    120 Meenu      C.S.T. 27.11.08 Dr. Dere 1. Entry wound     Haemorrhage --
        Arjun             Sion     (PW 602) over posterior     shock due to
        Asrani                              part of shoulder   firearm injury
                                            (right scapular    (Unnatural)
          

                                            region) and exit   (Ex.1581)
                                            wound       over
                                            mid clavicular
       



                                            line.
    121 Mohamad C.S.T. 27.11.08 Dr.       1.        Firearm    Haemorrhage --
        Ilias Ansari   J.J.P.M. Kalyankar entry      wound     and shock due
                                (PW 594) over right side       to fire arm
                                          chest         and    injuries





                                          firearm       exit   (Unnatural)
                                          wound over left      (Ex.1552)
                                          posterior angle
                                          of axilla.
                                          2.        Firearm
                                          entry wound on
                                          left side chest





                                          and exit wound
                                          over left mid
                                          axillary line




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    1     2       3        4        5          6              7                8
    122 Mastan    C.S.T.   27.11.08 Dr. Chavan 1. Firearm     Haemorrhage --
        Munir              J.J.P.M. (PW 599)   entry          and      shock
        Qureshi                                wound on       due         to




                                                    
                                               right          firearm
                                               abdominal      injuries
                                               wall     and   (Unnatural)
                                               firearm exit   (Ex.1570)
                                               wound on
                                               back,




                                          
                                               lateral   to
                                               midline.
    123 Anish
        Prabhu
                  C.S.T.
                           
                           28.11.08 Dr. Petkar 1.
                           J.J. P.M. (PW 597)  Contused
                                               lacerated
                                                              Shock due to --
                                                              multiple
                                                              injuries
                                               wound on       (Unnatural)
                          
                                               right          (Ex.1563)
                                               occipital
                                               region.
                                               2.
                                               Contused
                                               lacerated
          

                                               wound on
                                               right
       



                                               temporal
                                               region
                                               3.
                                               Contused
                                               lacerated
                                               wound on





                                               right
                                               mandible.
                                               Fracture of
                                               right
                                               mandible.
                                               Fracture of
                                               skull





                                               extending
                                               at base of
                                               middle
                                               cranial
                                               fossa.




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    1     2         3        4          5          6                  7                8
    124 Upendra     C.S.T.   30-11-08 Dr.Chavan    1.    Firearm      Haemorrhage --
        Birju Yadav          J.J.P.M. (PW 599)     entry wound        and     shock
                                                   over               due         to




                                                         
                                                   posterior          firearm injury
                                                   aspect of left     (Unnatural)
                                                   upper thigh.       (Ex.1571)
                                                   The      bullet
                                                   had passed
                                                   through the




                                                 
                                                   skin, gluteal
                                                   muscles,
                              ig                   pelvic tissues
                                                   and        had
                                                   fragmented
                                                   into multiple
                                                   small
                            
                                                   fragments.
    125 Unknown     C.S.T.   30-11-08 Dr.Chavan    1.       Extra     Complications --
        male                 J.J.P.M. (PW 599)     dural              following
        person                                     Haematomo          head     injury
                                                   over     right     (Unnatural)
          

                                                   fronto             (Ex.1569)
                                                   temporo
       



                                                   parietal
                                                   region. The
                                                   brain     was
                                                   found
                                                   oedematous





    126 Poonam      C.S.T.   1-12-08    Dr.        1.     Firearm     Head      injury --
        Bharat               J.J.P.M.   Sonawane   entry wound        with multiple
        Navadia                         (PW 113)   over               injuries    due
                                                   forehead and       to      firearm
                                                   exit    wound      and        blast
                                                   over        left   injuries
                                                   frontal            (Unnatural)





                                                   region.            (Ex..456
                                                   And       other    (Colly.)
                                                   minor
                                                   injuries.




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    1     2        3      4         5         6              7              8
127 Baichand C.S.T. 8-12-08 Dr. 1. Four Complication Metallic Ramprasa J.J.P.M. Meshram punctured following pellet d Gupta (PW 596) wounds over blast injury preserve forehead. (Unnatural) d for B.E.
                                             2.              (Ex.1560)
                                             Punctured
                                             wound      on
                                             scalp     and
                                             skull      on




                                             
                                             fronto
                                             parietal
                               ig            region.
    128 Nathuni   C.S.T. 14-12-08 Dr.      1.   Firearm      Complication
        Parshuram        &        Chavan   entry wound       following
        Yadav            15-12-08 (PW 599) on         left   firearm
                             
                         J.J.P.M.          parietal          injury
                                           region and        (Unnatural)
                                           exit wound        (Ex.1573)
                                           on       right
                                           frontal area.
          


    129 Amarchan Kuber 29-11-08 Dr.      1.       Chop       Shock due to --
        d   Nanan      J.J.P.M. Chavan   wound over          multiple
       



        Solanki                 (PW 599) neck                injuries
                                         posterior           (Unnatural)
                                         area.       On      (Ex.1568)
                                         dissection it
                                         was     found





                                         that       the
                                         skin,
                                         subcutaneo
                                         us     tissue,
                                         bones,
                                         muscles,
                                         spinal cord





                                         showed
                                         sharp      cut
                                         injury.




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                                          173




                                                                                 
                                                         
    1     2         3        4        5           6               7           8
          contd..   -        -        -           2.             -            -




                                                        
          Amarchand                               Contusion
          Naran                                   over lateral
          Solanki                                 aspect      of
                                                  left thigh.
                                                  3. Abrasion
                                                  over right




                                               
                                                  side        of
                                                  chest below
                              ig                  nipple.
                                                  4. Abrasion
                                                  over right
                                                  side        of
                                                  chest 4 cm
                            
                                                  from      the
                                                  injury No.3.
    130 Tukaram     Vinoli   27-11-08 Dr.Jawale   1. An oval      Shock       Bullet
        Gopal                J.J.P.M. (PW 100)    wound      at   due      to preserve
        Ombale                                    right chest     firearm     d for B.E.
          

                                                  7 x 5 x         injuries
                                                  cavity          (Ex.390
       



                                                  deep. The       colly)
                                                  track    was
                                                  oblique,
                                                  upwards
                                                  upto     left
                                                  shoulder.





                                                  Bullet was
                                                  recovered
                                                  from     left
                                                  shoulder .
                                                  2.
                                                  Punctured
                                                  wound 1 x





                                                  1 at left
                                                  chest, track
                                                  horizontal .




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                                        174




                                                                               
                                                       
    1     2          3     4        5            6              7                8
          contd..    -     -        -            3.            -                 -




                                                      
          Tukaram                                Punctured
          Gopal                                  wound on
          Ombale                                 right pelvic
                                                 area.
                                                 4.    Incised
                                                 wound on




                                             
                                                 right    arm
                                                 posteriorly.
                            ig                   5.       Two
                                                 punctured
                                                 wounds at
                                                 right thigh
                                                 posteriorly
                          
                                                 6.    Incised
                                                 wound on
                                                 right thigh
    131 Major Sandip Taj   28-11-08 Dr.Niturkar 1. Firearm      Haemorrhage -
        Unnikrishnan       J.J.P.M. (PW 104)    entry           and      shock
          

                                                wound           due         to
                                                situated        firearm
       



                                                along    the    injuries
                                                lower           (Unnatural)
                                                boarder of      (Ex.424colly
                                                right lower
                                                jaw      and
                                                exit wound





                                                over     left
                                                fronto
                                                temporal
                                                scalp.
                                                2. Firearm
                                                entry
                                                wound over





                                                anterior
                                                aspect     of
                                                right
                                                shoulder




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                                   175




                                                                           
                                                   
    1     2            3   4   5     6                           7             8
          contd..      -   -   -     and exit wound over -                     -




                                                  
          Major Sandip               lateral aspect of right
          Unnikrishna                arm.
          n                          3. Firearm entry wound
                                     over lateral aspect of
                                     right elbow and exit
                                     wound       over    medial




                                        
                                     aspect of right elbow. Re-
                                     entry wound over right
                                ig   side of abdomen and exit
                                     wound on left side of
                                     abdomen.
                                     4. Laceration over distal
                                     1/3 of right forearm
                              
                                     consistent with glancing
                                     bullet injury.
                                     5. Firearm entry wound
                                     over lateral aspect of left
                                     thigh and exit wound
          

                                     over medial aspect of left
                                     thigh.
                                     6. Firearm entry wound
       



                                     over lateral aspect of
                                     right thigh and exit
                                     wound       over    medial
                                     aspect of right thigh
                                     7. Firearm entry wound





                                     over lateral aspect of
                                     right thigh and exit of
                                     wound       over    medial
                                     aspect of right thigh.
                                     8. firearm entry wound
                                     over lateral aspect of
                                     right thigh. The bullet





                                     had     passed     through
                                     firearm exit wound of
                                     injury No.7. And other
                                     minor injuries.




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                                        176




                                                                                   
                                                          
    1     2        3     4          5           6              7               8
    132 Rahul      Taj   28-11-08    Dr.        1. Firearm     Haemorrhag      Bullet




                                                         
        Subhash          J.J.P.M.   Bansode     entry          e and shock     preserve
        Shinde                      ( U/s 294   wound on       due        to   d    from
                                    of          anterior       firearm         B.E.
                                    Cr.P.C.)    abdomen        injuries
                                                wall    and    (Unnatural)
                                                the bullet     (Ex.1495)




                                             
                                                was
                                                recovered
                              ig                from right
                                                posterior
                                                wall      of
                                                right
                                                lumbar
                            
                                                region.
                                                The bullet
                                                was found
                                                deformed
                                                and
          

                                                preserved.
    133 Zaheen     Taj   -          -                 -        -               -
       



        Sayyed
        Nisar  Ali
        Jafary
        Mateen





    134 Andres Don Taj   27-11-08   Dr.Javale 1.               Fracture       --
        Livera           J.J.P.M.   (PW 100) Irregular         skull bones
                                              wound at         with
                                              left             laceration
                                              temporal         and      brain
                                              region           tissue with
                                              involving        Haemorrhag





                                              pinna and        e    due    to
                                              cranial          firearm
                                              cavity           injuries
                                              deep.            (Unnatural)
                                                               (Ex.399)




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                                      177




                                                                                    
                                                          
                                                         
    1     2       3     4        5          6                   7               8
    135 Gunjan    Taj   27-11-08 Dr.        1.      Circular    Shock due        Bullet
        Vishandas       Nair P.M. Mohite    lacerated           to           preserved
        Narang                    (PW 23)   wound      over     haemoperit for B.E.
                                            the      lateral    o-neum as
                                            aspect      and     result    of




                                           
                                            middle part of      injuries  to
                                            right scapular      vital organs
                             ig             region(entry).      in case of
                                            2.      Circular    firearm
                                            lacerated           injuries
                                            wound      over     (Unnatural)
                                            lateral aspect      (Ex.465)
                           
                                            and      middle
                                            part of left
                                            arm (entry).
                                            3.     An oval
                                            lacerated
          

                                            wound      over
                                            medial      and
                                            middle part of
       



                                            left arm(exit).
                                            4. Oval shape
                                            swelling over
                                            the          left
                                            inguinal





                                            region 3 cm
                                            lateral to right
                                            pubic
                                            tubercle.
                                            Bullet      was
                                            palpable
                                            beneath      the





                                            swelling.
                                            Bullet      was
                                            recovered and
                                            preserved.




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    1     2        3     4           5          6              7             8
    136 Vishandas Taj    27-11-08    Dr.Mohite 1. An oval      Shock    and Bullet




                                                        
        Girdharidas      Nair P.M.   (PW 23)   lacerated       haemorrhag preserve
        Narang                                 wound           e due to d for B.E.
                                               over     left   firearm
                                               iliac region    injury
                                               of              (Unnatural)
                                               abdomen.        (Ex.466)




                                              
                                               2.
                                               Contused
                              ig               abrasion
                                               over     left
                                               iliac
                                               region. The
                                               bullet was
                            
                                               palpable
                                               beneath
                                               this injury
                                               and      the
                                               same was
          

                                               recovered.
    137 Vijayrao   Taj   27-11-08    Dr.Mohite 1. Circular        Shock and --
       



        Anandrao         Nair P.M.   (PW 23)   lacerated       haemorrhag
        Banja                                  wound           e due to
                                               over            multiple
                                               lateral         firearm
                                               aspect of       injuries
                                               right arm.      (Unnatural)





                                               2. circular     (Ex.472)
                                               lacerated
                                               wound
                                               over
                                               anterior
                                               aspect of
                                               right arm.





                                               3.
                                               Lacerated
                                               wound
                                               over flexor
                                               aspect of




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                                 179




                                                                          
                                                  
    1     2          3   4   5         6                      7             8
          contd..    -   -   -         right forearm.         -             -




                                                 
          Vijayrao                     4.            Circular
          Anandrao                     lacerated      wound
          Banja                        over dorsal aspect
                                       of right hand.
                                       5.         Lacerated
                                       wound over flexor




                                      
                                       aspect     of    right
                                       wrist joint.
                              ig       6.    Abrasion over
                                       right side of chest
                                       around the nipple.
                                       7.    Abrasion over
                                       left side of chest 4
                            
                                       cm      below      the
                                       nipple.
                                       8.            Circular
                                       lacerated      wound
                                       over upper and
          

                                       outer quadrant of
                                       left buttock (entry)
                                       and oval lacerated
       



                                       wound over right
                                       side of abdomen in
                                       lumbar region
                                       (exit)
                                       9. Oval lacerated





                                       wound       over left
                                       side     of     back,
                                       scapular       region
                                       (entry) and oval
                                       lacerated      wound
                                       on left side of back
                                       scapular region 9





                                       cm     away      from
                                       midline (exit)




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    1     2           3     4         5             6                7                8
    138 Sadanand      Taj   27-11-08 Dr.Chavan 1.       Firearm      Haemorrhage --




                                                          
        Ratan Patil         J.J.P.M. (U/s 294 of entry wound         and      shock
                                     Cr.P.C.)    on right side       due to firearm
                                                 of chest and        injury
                                                 exit    wound       (Unnatural)
                                                 on left iliac       (Ex.1494)
                                                 fossa.




                                               
    139 Thomas        Taj   27-11-08 Dr.Gamme 1.        Firearm      Haemorrhage
        Verghese            J.J.P.M.
                             ig      (U/s 294 of entry wound         and      shock
                                     Cr.P.C.)    over         left   due to firearm
                                                 thigh       and     injuries
                                                 exit    wound       (Unnatural)
                                                 over       right    (Ex.1490)
                           
                                                 inguinal
                                                 region.
                                                 2.     Firearm
                                                 entry wound
                                                 over left side
                                                 of abdomen.
          

                                                 One       intact
                                                 bullet
       



                                                 retrieved
                                                 from left side
                                                 of abdominal
                                                 cavity.
                                                 3.     Firearm
                                                 entry wound





                                                 over       right
                                                 side
                                                 abdomen.
                                                 One
                                                 deformed
                                                 bullet
                                                 retrieved





                                                 from     upper
                                                 end of the
                                                 injuries.




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    1     2         3     4        5             6                7               8
    140 Ravi Jagan Taj    27-11-08 Dr.           1.    Firearm    Haemorrhagi --




                                                       
        Kunwar            Sion     Sarvandekar   entry wound      c       shock
                                   (U/s 294 of   over the nap     following
                                   Cr.P.C.)      of neck on       firearm injury
                                                 right     side   (Unnatural)
                                                 and       exit   (Ex.1501)
                                                 wound       at




                                            
                                                 over lateral
                                                 aspect      of
                           ig                    nap of the
                                                 neck on left
                                                 side.
    141 Boris Mario Taj   27-11-08 Dr.Mohite     1.    Circular   Shock     and --
                         
        Do Rego           Nair P.M. (PW 23)      lacerated        haemorrhage
                                                 wound over       due         to
                                                 upper lateral    firearm injury
                                                 quadrant of      involving left
                                                 left gluteal     femoral
                                                 region(entry     vessels
          

                                                 )                (Unnatural)
                                                 2. An oval       Ex.473
       



                                                 lacerated
                                                 wound over
                                                 left femoral
                                                 triangle
                                                 (Exit)





    142 Satpakkam Taj     27-11-08 Dr.           1.      Entry    Haemorrhagi --
        Rahmatulla        Sion     Sarvandekar   wound      of    c       shock
        Shaukatali                 (U/s 294 of   chest medial     following
                                   Cr.P.C.)      to      right    firearm injury
                                                 nipple.          (Unnatural)
                                                 2.       Exit    (Ex.1502)
                                                 wound





                                                 below     the
                                                 nap of neck
                                                 in        the
                                                 midline    of
                                                 back




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                                      182




                                                                                
                                                       
    1     2        3     4        5             6           7                8
    143 Faustine   Taj   27-11-08 Dr.           1. Entry    Haemorrhagi Bullet




                                                      
        Martis           Sion     Sarvandekar   wound       c       shock preserve
                                  (U/s 294 of   over the    following      d for B.E.
                                  Cr.P.C.)      right jaw   firearm injury
                                                centrally   (Unnatural)
                                                placed,     (Ex.1503)
                                                fractured




                                           
                                                underline
                                                bone.
                              ig                Bullet
                                                was
                                                retrieved
                                                from the
                                                muscles
                            
                                                of neck
144 Kaizad Taj 27-11-08 Dr.Sonawane 1. Haemorrhag --
Naushir J.J.P.M. (PW 113) Firearm e and shock Kamdin entry due to wound multiple over left firearm side at injuries mandible (Unnatural) below (Ex.446colly) the ear lobe and exit wound at the femoral region behind the right ear.
                                              2.





                                              Firearm
                                              entry
                                              wound




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                                     183




                                                                            
                                                    
    1     2         3   4        5          6             7             8
          contd..   -   -        -          over    the -               -




                                                   
          Kaizad                            right iliac
          Naushir                           region
          Kamdin                            and     exit
                                            wound at
                                            the back
                                            side.




                                           
                                            3.
                                            Firearm
                             ig             entry
                                            wound on
                                            the
                                            anterior
                                            aspect of
                           
                                            thigh and
                                            exit
                                            wound at
                                            the back
                                            of thigh.
          

                                            4.
                                            Firearm
                                            entry
       



                                            wound on
                                            right    leg
                                            anterior
                                            below the
                                            knee joint





                                            and     exit
                                            wound at
                                            back side
                                            of the leg.
                                            Fracture
                                            at upper
                                            tibia





145 Neelam Taj 27-11-08 Dr. 1. A Shock and Bullet Vishandas Nair P.M. Mohite circular haemorrhag preserve Narang (PW 23) lacerated e due to d for B.E.
                                            wound         multiple
                                            over right    injuries  to
                                            chest         the vital




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                                        184




                                                                                    
                                                            
    1     2           3     4       5           6                       7                8
          contd..     -     -       -           (entry      wound)      organs      in




                                                           
          Neelam                                and        elliptical   case        of
          Vishandas                             lacerated wound         firearm injury
          Narang                                over            intra   (Unnatural)
                                                scapular                (Ex.467)
                                                region(exit)
                                                2.      A circular




                                             
                                                lacerated wound
                                                over        antero-
                                 ig             medial aspect of
                                                right      midthigh
                                                (entry).
                                                Elliptical
                                                lacerated wound
                               
                                                over          upper
                                                anterior aspect
                                                of right thigh.
                                                A        deformed
                                                bullet           was
          

                                                recovered from
                                                right         upper
                                                anterior aspect
       



                                                of thigh.
    146 Rupinder      Taj   27-11-08 Dr.Dere    1.    Two Entry         Haemorrhag
        Devendrsing         Sion     (U/s 294   wounds         one      e       shock
        h Randhava                   of         immediately             following gun
                                     Cr.P.C.)   behind the right        shot    injury





                                                ear and other in        (Ex.1504)
                                                front of right ear.
                                                Exit wound over
                                                the left side of
                                                neck.
                                                2. Entry wound
                                                behind the left





                                                shoulder and exit
                                                wound over left
                                                side of chest.




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    1     2       3     4          5             6                 7               8
    147 Eklak     Taj   29-11-08   Dr.              Details of     Haemorrhage -




                                                        
        Ahmed           J.J.P.M.   Sonawane      injuries          and      shock
        Mustak                     (PW 113)      mentioned in      due         to
        Ahmed                                    the       P.M.    multiple
                                                 notes.            firearm injury
                                                 Medical           (Unnatural)
                                                 officer    has    (Ex.452




                                            
                                                 given             (Colly.)
                                                 evidence
                             ig                  regarding
                                                 cause       of
                                                 death only.
    148 Maksud    Taj   29-11-08   Dr.A.N.     1.        Bullet    Haemorrhagic --
                           
        Tabarakal       J.J.P.M.   Chavan      injury        on    shock due to
        i Shaikh                   (U/s 204 of right side of       firearm injury
                                   Cr.P.C.)    chest above         (Unnatural)
                                               nipple              (Ex.1486)
                                               (entry).
                                               2.        Bullet
          

                                               entry on left
                                               side          of
       



                                               scapula        in
                                               upper region
                                               (exit).
                                               3. Contusion
                                               right       side
                                               anterior





                                               chest wall.
                                               4. lacerated
                                               wound right
                                               side of chest
                                               in      axillary
                                               line.
                                               5. Contusion





                                               mark on right
                                               arm      lateral
                                               aspect.




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    1     2         3     4         5         6                       7            8
    149 Feroz Jamil Taj   29-11-08 Dr.        1.    Bullet entry      Death due --




                                                       
        Ahmed             J.J.P.M. Bagul      wound           right   to firearm
        Khan                       (U/s 294   shoulder.               injuries
                                   of         2       Bullet exit     (Unnatural)
                                   Cr.P.C.)   wound right axilla.     (Ex.1487)
                                              3.    Bullet entry
                                              wound right arm




                                             
                                              medially.
                                              4.       Bullet exit
                               ig             wound right arm
                                              lateral.
                                              5.    Bullet entry
                                              wound right side
                                              of post neck region
                             
                                              .
                                              6.       Bullet exit
                                              wound right side
                                              of parietal region
                                              7.    Bullet entry
          

                                              wound           right
                                              buttock        upper
                                              region.
       



                                              8.       Bullet exit
                                              wound right side
                                              buttock region.
    150 Teitel baum Taj   30-11-08 Dr.      1. Irregular round        Shock due --
        Aryeh             J.J.P.M. Javale   wound      at    left     to firearm





        Levish                     (PW 100) chest                     injuries (Ex.
                                             2. Irregular round       400)
                                            wound      at    left
                                            thigh.
                                            3. Irregular wound
                                            at axilla
                                            4.    Laceration of





                                            right palm.
                                            5           Multiple
                                            punctured wound
                                            over both thigh.




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    1     2       3     4        5           6                          7                8
    151 Duglas    Taj   30-11-08 Dr.         1.    Firearm entry        Haemorrhage




                                                           
        Justin          J.J.P.M. Bansode     wound above and            and      shock
        Markell                  (U/s 294    lateral      to     the    due         to
                                 of          umbilicus.                 firearm
                                 Cr.P.C.)    2.    Firearm entry        injuries
                                             wound above right          (Unnatural)
                                             knee       joint     on    (Ex.1492)




                                            
                                             lateral surface of
                                             the thigh.
                              ig             3.    Firearm entry
                                             wound on left thigh
                                             anteriorly.
                                             4.      Firearm exit
                                             wound on posterior
                            
                                             surface       of    left
                                             upper arm.
                                             5.     Firearm exit
                                             wound on medial
                                             aspect      of    right
          

                                             thigh
                                             6.     Firearm exit
                                             wound        on     left
       



                                             popliteal foosa
                                             7.            Glancing
                                             (guttering) firearm
                                             injury on left thigh
                                             8.     Abrasion on





                                             right forearm.
                                             Injury            No.1
                                             communicates          to
                                             injury No.4. Injury
                                             No.2
                                             communicates with
                                             Injury No.5. and





                                             injury            No.3
                                             communicates with
                                             injury No.6




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    1     2        3     4          5             6                 7               8
    152 Chaitlal   Taj   29-11-08   Dr.           1.    Firearm     Haemorrhag
        Gunish           J.J.P.M.   Bansode       wound       of    e and shock
                                    (U/s 294      entry      on     due        to




                                                             
                                    of            right    neck     firearm
                                    Cr.P.C.)      lateral           injuries
                                                  aspect.           (Unnatural)
                                                  2.    Firearm     (Ex.1496)
                                                  wound       of
                                                  exit       on




                                              
                                                  posterior
                                                  aspect      of
                              ig                  left
                                                  shoulder.
    153 Willem     Taj   30-11-08   Dr.           1.    Firearm     Haemorrhag Bullet
        Jan              J.J.P.M.   Kalyankar     wound       of    e and shock preserve
                            
        Berbers                     (U/s 294      entry       on    due        to d for B.E.
                                    of Cr.P.C.)   right             firearm
                                                  mastoid           injury
                                                  region. The       (Unnatural)
                                                  bullet     was    (Ex.1493)
                                                  found
          

                                                  lodged       in
                                                  scalp      and
       



                                                  bone on left
                                                  frontal
                                                  region. The
                                                  bullet     was
                                                  retrieved.
                                                  2.    Firearm





                                                  wound       of
                                                  entry       on
                                                  right calf
                                                  posteriorly.
                                                  3.    Firearm
                                                  wound       of
                                                  exit on right





                                                  leg     below
                                                  knee joint.




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    1     2          3     4        5             6                7             8
    154 Nitisingh    Taj   -        -                  -           -             -
        Karamveer
        Singh




                                             
    155 Samarveer    Taj   29-11-08 Dr.           1.       Deep    Shock due      Muscle
        Singh              J.J.P.M. Niturkar      burns    seen    to burns      mass
        Karamveer               ig  (PW 104)      all over body    (Unnatura     and
        Singh Kang                                with             l)            bone
                                                  destruction      (Ex.419)      pieces
                                                  of       skin,                 for DNA
                                                  muscles, soft
                              
                                                  tissues and
                                                  bones       at
                                                  places. 100%
                                                  deep burns
156 Udaysingh Taj 29-11-08 Dr.Bansod 1. Deep Shock due Karam Bir J.J.P.M. e burns over to burns Singh Kang (U/s 294 of upper trunk (Ex.1497) Cr.P.C.) anteriorly exposing ribs upto 8th level.
Muscles and bones exposed.





                                                  Deep burns
                                                  on right arm,
                                                  left      arm,
                                                  head,      face
                                                  and       right
                                                  thigh. Total
                                                  deep     burns





                                                  approximatel
                                                  y 50%




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    1     2          3     4          5          6                     7                8
    157 Sabina       Taj   29-11-08   Dr.        1.    Contusion       Shock due to -




                                                         
        Saigal             J.J.P.M.   Bansode    over        scalp     injuries
        Saikia                        (U/s 294   vertex.               (Unnatural)
                                      of         2.    Laceration      (Ex.1498)
                                      Cr.P.C.)   on left thigh
                                                 (Muscle deep)
                                                 3. Contusion on




                                               
                                                 back    scapular
                                                 region (Muscle
                                ig               deep)
                                                   4. Contusion
                                                 on    left    leg
                                                 posteriorly
                                                 (Muscle deep)
                              
    158 Hemlata      Taj   29-11-08   Dr.        1. Superficial to     Shock due to -
        Kashi Pillai       J.J.P.M.   Niturkar   deep        burn      burns
                                      (PW 104)   injuries to the       (Unnatural)
                                                 extent of 36%         (Ex.420)
          

    159 Rajiv     Taj      -          -                  -             -                -
        Omprakash
        Saraswat
       



    160 Gautam       Taj   28-11-08   Dr.      1.       Firearm        Haemorrhag -
        Devsingh           J.J.P.M.   Sonawane entry wound on          e and shock
        Gosai                         (PW 113) right    forearm        due        to
                                               anterior aspect         firearm





                                               and exit wound          injuries
                                               on right forearm        (Unnatural)
                                               at back side            (Ex.449
                                               2.       Firearm        (Colly.)
                                               entry wound on
                                               right     buttock
                                               and exit from





                                               right       thigh
                                               anterior aspect.




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    1     2         3     4          5            6              7                8
    161 Rajan       Taj   3-12-08    Dr.          Details   of   Haemorrhage -
        Eshwar            J.J.P.M.   Chikhalkar   injuries       and      shock
        Kambli                       (PW 120)     mentioned      due         to
                                                  in the P.M.    firearm
                                                  notes.         injuries




                                           
                                                  Medical        (Unnatural)
                                                  officer has    (Ex.502)
                           ig                     given
                                                  evidence
                                                  regarding
                                                  cause     of
                                                  death only.
                         
162 Burki Ralph Taj 27-11-08 Dr.Dere 1. Haemorrhagic -
        Rainer            Sion     (U/s 294 of Contusion         shock
        Jachim                     Cr.P.C.)    20 x 10 cm        following
                                               x laterally       multiple
                                               over    both      injuries
          

                                               ankles.           (Unnatural)
                                               2. Abrasion       (Ex.1505)
       



                                               on      right
                                               elbow.
                                               3. Abrasion
                                               over      left
                                               hand
                                                           4.





                                               Fractures of
                                               both ankles
                                               joint.
                                               Fractures of
                                               lower     1/3
                                               shaft     left
                                               femur





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    1     2      3     4          5          6                       7               8
    163 Hemant Taj     5-12-08    Dr.        1. Entry wound on       Death due to -




                                                         
        Pravin         J.J.P.M.   Sunanda    right     side    of    complication
        Talim                     Katke      posteriorly    upper    s
                                  (PW 592)   trunk.                  of     firearm
                                             2. Exit wound on        injuries
                                             right          chest    (Unnatural)
                                             anteriorly.             (Ex.1543)




                                             
                                             The patient was
                                             operated.      There
                             ig              were         sutured
                                             wounds when dead
                                             body was brought
                                             for post mortem
                                             examination.
                           
    164 Shoeb    Taj   27-11-08 Dr. A.G.     1.    Firearm entry     Death due to -
        Ahmed          St.      Shinde       wound          right    firearm
        Shaikh         George (U/s 294       abdomen.                injuries
                                of           2.    Firearm entry     (Unnatural)
                                Cr.P.C.)     wound          right    (Ex.1506)
          

                                             buttock.
                                             3.     Firearm exit
       



                                             wound       on   left
                                             abdomen.
                                             4.     Firearm exit
                                             wound       on   left
                                             abdomen        front
                                             portion.





                                             5.    Firearm entry
                                             wound      on  right
                                             forearm.
                                             6.     Firearm exit
                                             wound      on  right
                                             forearm.
                                             7.    Firearm entry





                                             wound on left
                                              knee.
                                             8.     Firearm exit
                                             wound on left knee.




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    1     2         3     4          5           6              7             8
    165 Michael     Taj   27-11-08   Dr.         1. Firearm     Haemorrhag Bullet
        Stuart            J.J.P.M.   Kalyankar   entry          e and shock preserve
        Moss                         (U/s 294    wound of       due       to d for B.E.
                                     of          bullet on      firearm
                                     Cr.P.C.)    anterior       injury




                                              
                                                 part      of   (Unnatural)
                                                 abdomen        (Ex.1500)
                               ig                26      cm.
                                                 below left
                                                 nipple.
                                                 Bullet
                                                 retrieved
                             
                                                 from    left
                                                 lobe      of
                                                 liver.
    166 Elizabeth   Taj   27-11-08   Dr.      Details of        Haemorrhag -
        Russell           J.J.P.M.   Sonawnae injuries          e and shock
          

                                     (PW 113) mentioned         due       to
                                              in the P.M.       multiple
       



                                              notes.            firearm
                                              Medical           injuries
                                              officer has       (Unnatural)
                                              given             (Ex.443
                                              evidence          (Colly.)
                                              regarding





                                              cause    of
                                              death
                                              only.





61. It must be noted here that some of the medical officers who had done the postmortem have been examined in the court and have given details of nature of ::: Downloaded on - 09/06/2013 16:53:44 ::: AJN CONF2.10-Kasab 194 injury and cause of death. Some of the medical officers who have been examined in the court have given the cause of death but they have not given details of injuries.
Some postmortem notes have been admitted by the court under Section 294 of the Code.

62. In respect of Charge under Section 307 of the IPC, it is necessary to quote Table No.6 incorporated by learned Sessions Judge in his judgment. Charge under Section 307 of the IPC was framed on the basis of injuries suffered by 238 persons, who were treated in hospitals and discharged. Out of 238 persons, the prosecution could examine only 111 witnesses who had suffered injuries at various places. In some cases, medical officers who had examined the injured persons have also been examined and medical certificates have been produced. Some of the witnesses have been examined in the open court.

Some of the witnesses claim that they had seen either A1-

Kasab or deceased A1 to A9. Large number of them had ::: Downloaded on - 09/06/2013 16:53:44 ::: AJN CONF2.10-Kasab 195 not seen the accused but had sustained injuries. Such witness have been examined as formal witnesses under Section 296 of the Code. Affidavits of medical officers cover the treatment provided to the injured persons. But, all the injured persons are not examined. Only medical officers' evidence without examining the injured persons is of no use. Under such circumstances, learned Sessions Judge has prepared a table which indicates the names of the injured, names of the hospitals where the injured are treated, nature of injuries, names of medical officers, their serial numbers as prosecution witnesses, summary of evidence of medical officers and the exhibit numbers of the medical certificates, if any. Wherever, medical officer is not examined, his name is not mentioned. We may reproduce the said Table No.6 for ready reference.

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                                    TABLE NO.6




                                                                
        1        2          3                 4                     5                 6
    Sr. Name    of Place of Nature of injury                   Name    of Evidence of




                                                               
    No the         the                                         the        Medical
        injured    incident                                    Medical    officer     &
        persons                                                Officer    Ex.No.      of
                                                                          medical
                                                                          certificate




                                                 
    1       Sudam Aba C.S.T.     Bullet injury on chest. Dr.Dev.S.            Bullet  injury
            Pandarkar            Bullet exited from the Saksena               on left chest
            (PW 62)              back
                                  ig                     (PW 553)             with       left
                                                                              haemothorax
                                                                              (Ex.1431B)
    2       Jayprakash C.S.T.    Gunshot injury with L.W. Doctor not -
                                
            Sohanlal             right thigh middle 1/3rd . examined
            Phalore              O/E 20 cm x 4 cm open
            (PW 518)             wound over right thigh
    3       Balu Bandu C.S.T.    Bullet injury to right calf   Doctor not -
            More                                               examined
            (PW 517)
          


    4       Anilkumar C.S.T.     trauma to right inguinal Dr.Hemant           Trauma        to
            Rajendra             region (10x4 cms) due to Bhandari            right inguinal
       



            Yadav (PW            bullet injury            (PW 560)            region (10x4
            506)                                                              cms) due to
                                                                              bullet injury
    5       Murlidhar   C.S.T.   Gun shot injury to right Doctor not -
            Chintu Zole          foot                     examined





            (PW 516)
    6       Pandurang   C.S.T.   Bullet had pierced his Dr.                   Bullet injury -
            Subrao               left thigh and had exited Chitlangia         by       lateral
            Patil                from anterior portion of (PW 583)            thigh
            (PW 63)              left thigh and had again                     (1461B)
                                 entered the right thigh





                                 and had exited from
                                 exterior portion of right
                                 thigh

7 Ramji C.S.T. 1. Punctured wound just Doctor not -

Yabad below right lateral examined Napit malleolus (PW 519) 2. Punctured wound just below right medial malleolus.
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AJN CONF2.10-Kasab 197 1 2 3 4 5 6 8 Vishal C.S.T. Brushed injury on Dr.Jaiswal 1. Laceration on Prakash right side of head (PW 586) right Temporal Kardak region of scalp (PW 69) subcutaneous, 5cm long (Ex.1466) 9 Shambunath C.S.T. Injury on Doctor not -
Munai Yadav suprasternal notch examined 10 Kishor C.S.T. Injury on left ankle Dr.Basappa 1. Laceration on Vinayak due to firing at Natraj dorsum of left foot Kale (PW C.S.T.
                                  ig                   (PW 587)       laterally 1 cm long
            56)                                                       subcutaneous.
                                                                      2.   Laceration on
                                                                      dorsum of left foot
                                                                      medially 1 cm. long
                                
                                                                      subcutaneous
                                                                      (Ex.1468)
11 Ansarallh C.S.T. Bullet injury on right Dr.Sonali 1. Firearm entry Saudarallh leg below knee joint Khairmode wound on medial Baksh Mohd. (PW 94) aspect of right leg.
          

            Hanif                                                     2.     Fracture on
            (PW 88)                                                   right fibula. Bullet
                                                                      was removed from
       



                                                                      right fibula (Ex.
                                                                      377)

12 Harshada C.S.T. Bullet injury on left Dr.Sonali 1. Firearm entry Suhas thigh. Bullet was Khairmode wound over left Salaskar retrieved by Medical (PW 94) gluteal region. No (PW 89) officer at exit wound seen.
                                 G.T.Hospital                         (Ex.375)
    13      Pappusingh C.S.T.       Entry and exit Dr.Sonali                       Though
            Mannusingh           wounds of 0.5 cm. Khairmode          Dr.Khairmode has
            (PW 504)             and      0.8      cm. (PW 94/565)    been examined but





                                 respectively antero                  she has not stated
                                 medial and antero                    anything about the
                                 lateral aspect of left               injury sustained by
                                 thigh.                               this witness




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      1         2           3           4              5                       6




                                                          
14 Poonamsingh C.S.T. Bullet injury on Dr.Harshal 1. Two lacerated Santoshsingh back portion of Gawai wounds on left (PW 64) right shoulder. (PW 588) shoulder.
2. Two wounds on medial aspect of left thigh.
3. One abrasion over right lumber region.
ig (Ex.1475A) 15 Niranjan C.S.T. Two bullets Dr.Harshal 1. Lacerated wound 2 Sadashiv hits this Gawai cm below the pinna of Sardar witness (PW 588) left ear.

(PW 87) 2. Fracture of mandible 16 Fakir Mohd. C.S.T. Bullet injury on Dr.Harshal Though the medical Abdul Gafoor right leg. Gawai officer has been (PW 515) (PW 588) examined but he has not stated anything about the injury sustained by this witness 17 Bharat Shyam C.S.T. Bullet injury on Dr.Harshal Though the medical Nawadia right shoulder Gawai officer has been (PW 524) (PW 588) examined but he has not stated anything about the injury sustained by this witness 18 Adhikrao C.S.T. Bullet injury on Dr.Ravindra Gun shot on abdomen.

Dyanu Kale abdomen Sawant Injured was operated (PW 521) (PW 585) for exploratory laprotomy and ICD Insertion.

    19    Alok   Harilal C.S.T   Bullet injury on Dr.Harshal      Though the medical
          Gupta                  left neck side   Gawai           officer    has    been
          (PW 513)                                (PW 588)        examined but he has
                                                                  not stated anything
                                                                  about     the    injury
                                                                  sustained     by   this
                                                                  witness




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      1        2          3            4              5                        6




                                                              
    20    Prashant    C.S.T     Bullet injury on Dr.Harshal     Though     the   medical
          Purnachandr           right side of Gawai             officer     has    been
          a Das                 chest            (PW 588)       examined but he has not
          (PW 527)                                              stated anything about
                                                                the injury sustained by
                                                                this witness




                                                
    21    Habibul      C.S.T    Bullet injury to Dr.Harshal     Though     the   medical
          Mohd.                 multiple
                                 ig           pin Gawai         officer     has    been
          Sukurddin             head         and (PW 588)       examined but he has not
          Khan                  abrasion over                   stated anything about
          (PW 505)              chest,      right               the injury sustained by
                                lower limb and                  this witness
                               
                                forehead
    22    Nafisa Sadaf C.S.T.   Bullet injury on Dr.Harshal     1      Swelling       and
          Qureshi               left leg         Gawai          tenderness at left foot.
          (PW 53)                                (PW 588)       2.       Entry wound at
                                                                anterior aspect of left
        

                                                                foot.
                                                                3.        Exit wound at
                                                                posterior aspect of left
     



                                                                foot.
                                                                    (Ex.1471)
    23    Lalji        C.S.T.   Bullet injury on Dr.Harshal     Though     the   medical
          Jagannath             left    forearm Gawai           officer     has    been
          Pandey                and left upper (PW 588)         examined but he has not





          (PW 507)              thigh                           stated anything about
                                                                the injury sustained by
                                                                this witness
    24    Ashok        C.S.T.   Blast    shock Doctor not                  -
          Bhimappa              wave injury to examined
          Renetala              back and both





          (PW 512)              ears
    25    Vijaya       C.S.T.   Bullet     injury Dr.Harshal    Though     the   medical
          Ramkomal              over left thigh Gawai           officer     has    been
          Kushwah                                 (PW 588)      examined but he has not
          (PW 523)                                              stated anything about
                                                                the injury sustained by
                                                                this witness




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      1        2           3              4               5                       6




                                                                 

26 Farooqi C.S.T. Blast injuries Dr.Harshal 1. Contused lacerated Nasiruddin due to bomb Gawai wound over right arm 2 Khaliluddin explosion. (PW 588) cm x 1 cm (PW 52) 2. Abrasion over left side of chest and left leg.





                                                   
                                                                           (Ex.1477)
    27    Anilkumar     C.S.T.   Bullet    injury Dr.Harshal          Though the medical
          Dyanoji                over the nape Gawai
                                  ig                                  officer    has    been
          Harkulkar              of the neck      (PW 588)            examined but he has
          (PW 525)                                                    not stated anything
                                                                      about     the    injury
                                                                      sustained     by   this
                                
                                                                      witness
    28    Uttam         C.S.T.   Bullet      injury Dr.Harshal        Though the medical
          Vishnu                 over left thigh    Gawai             officer    has    been
          Sasulkar                                  (PW 588)          examined but he has
          (PW 522)                                                    not stated anything
        

                                                                      about     the    injury
                                                                      sustained     by   this
                                                                      witness
     



    29    Sanjay        C.S.T.   Bullet       injury Dr.Harshal       Though the medical
          Nemchand               over         upper Gawai             officer    has    been
          Yadav                  neck                (PW 588)         examined but he has
          (PW 508)                                                    not stated anything





                                                                      about     the    injury
                                                                      sustained     by   this
                                                                      witness
    30    Ratankumarj C.S.T.     Bullet   injuries Dr.Harshal         Though the medical
          i                      over right thigh Gawai               officer    has    been
          Kanhayapra                               (PW 588)           examined but he has
          sad Yadav                                                   not stated anything





          (PW 509)                                                    about     the    injury
                                                                      sustained     by   this
                                                                      witness
    31    Sangita       C.S.T.   Multiple injuries Dr.Harshal         Multiple small
          Niranjan               due to steel Gawai                     injuries were found
          Sardar                 balls             (PW 588)           over the abdomen and
          (PW 86)                                                     right knee.
                                                                            (Ex.1476)




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    32    Vishveshwar C.S.T.   Bullet injury on Dr.Harshal       Though the medical
          Shishupal            left         thigh Gawai          officer   has    been
          Pacharne             shrapnel    injury (PW 588)       examined but he has
          (PW 520)             as per left knee                  not stated anything
                               abrasion 1x 1cm                   about    the    injury
                                                                 sustained    by   this




                                                
                                                                 witness

33 Bharat C.S.T. Firearm injury on Dr.Harshal 1. Entry wound at Ramchandra right upper arm Gawai ig lower end, anterior Bhosale (PW 588) aspect of right arm.

(PW 49) 2. Exit wound at lower end, posterior aspect of right arm.

(E.1470) 34 Devika C.S.T. Bullet hit on right Dr.Harshal 1. Entry wound over Natvarlal leg of this Gawai anterior aspect of Rotawane witness (PW 588) right leg 0.5 cm x 1 (PW 51) cm.

2. Exit wound over posterior aspect of right leg 1 cm x 1 cm.

     



                                                                         (Ex.1473)
    35    Sadashiv   C.S.T.    Bullet injury over Dr.Harshal     Though the medical
          Chandrakan           right side of neck Gawai          officer   has    been
          t Kolke                                 (PW 588)       examined but he has





          (PW 526)                                               not stated anything
                                                                 about    the    injury
                                                                 sustained    by   this
                                                                 witness
    36    Ganpat      C.S.T.   Bullet injury on Dr.Harshal       Though the medical
          Gangaram             left   side   of Gawai            officer   has    been
          Shigwan              abdomen          (PW 588)         examined but he has





          (PW 514)                                               not stated anything
                                                                 about    the    injury
                                                                 sustained    by   this
                                                                 witness




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    37    Ganesh     C.S.T.   Bullet injury on right Dr.A.Y.      Though          the




                                                        
          Sitaram             arm                    Rangoonwal   medical officer has
          Sakhare                                    a            been examined but
          (PW 511)                                   (PW 580)     he has not stated
                                                                  anything about the
                                                                  injury sustained by
                                                                  this witness




                                             
    38    Sadanand    Cama    Injuries on right eye, Doctor not            -
          Vasant Date In      left side of chest examined
                              
          (PW 118)            just below armpit,
                              throat, right knee
                              and left ankle due to
                              the splinters and
                             
                              fragments of the
                              bomb and other
                              minor injuries.
    39    Vijay Abaji Cama    Injuries on left knee Dr.P.K.       Though          the
          Shinde      In      joint and abdomen Munshi            medical officer has
        

          (PW 112)            due      to     bomb (PW 564)       been examined but
                              explosion.                          he has not stated
                                                                  anything about the
     



                                                                  injury sustained by
                                                                  this witness
    40    Vijay      Cama     Blast injury on right Dr.H.B.       Bullet and blast
          Tukaram    In       shoulder,       right Bhandari      injury    to   right
          Powar               Lower limb and right (PW 560)       shoulder,      right





          (PW 469)            lower limb                          lower limb and left
                                                                  lower limb
                                                                           (Ex.1438A)

41 Mohan Cama Bullet and blast Dr.B.S. 1. Open wound on Dyanoba In injuries to left leg Chitalangia medial aspect of Shinde and left arm (PW 583) right foot.

(PW 471) 2. Open calcaneum fracture with shrapnel in situ (Ex.1461C) ::: Downloaded on - 09/06/2013 16:53:47 ::: AJN CONF2.10-Kasab 203 1 2 3 4 5 6 42 Sachin Cama Bullet and blast Dr.P.K. Bullet and blast Dadasaheb In injuries on Munshi injuries with Tilekar abdomen, face, (PW 564) multiple lacerated (PW 470) wrist and thigh wounds over abdomen, face, wrist, hand and thigh.

                                                                        (Ex.1442D)




                                               
    43    Vinay      Cama      Bullet injury on back Dr.R.N.        Firearm injury on
          Chintaman In          ig                   Sharma         back.
          Dandgawhal                                 (PW 561)       (Medial certificate
          (PW 472)                                                  not exhibited)
    44    Hirabai Vilas Cama   Firearm injury      on Dr.R.N.Shar   Firearm injury on
          Jadhav        In     right wrist joint      ma            right wrist joint.
                              
          (PW 473)                                    (PW 561)      (Medial certificate
                                                                    not exhibited)
    45    Chandrakan Cama      Particles of hand Dr.A.M.            Injury to right side
          t   Dyandev In       grenade hit on neck Shaikh           of neck by splinter
          Tikhe                of this witness     (PW 559)         of hand grenade.
        

          (PW 109)                                                      (Ex.1437A)

46 Kailash Cama Injuries on left chest Dr.J.T. 1. Firearm injury Chandrakan In and left thigh due to Sankpal on left side of t Gegadmal hand grenade (PW 556) chest. (PW 111) explosion and other 2. Abrasion over minor injuries left side of chest below medial to left nipple

3. Abrasion over neck of fibula (Ex.1434D) 47 Harishchand Cama 1. Bullet injury on Dr. Harshal 1. Three conduced ra Sonu In back. Gavai lacerated wounds Shrivardhan 2. Two knife blows (PW-588) at anterior aspect kar on of neck, transverse (PW 106) neck and back in direction over midline of neck.

                                                                    2.         Multiplie
                                                                    lacerated wounds
                                                                    around       lumbar
                                                                    spine around 2 cm
                                                                    x 1 cm each.




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48 Arun Dada Cama Bullet injury on my Dr.Begani 1. Bullet injury on Jadhav Out right elbow and left (PW 584) right elbow with (PW 136) shoulder right arm in traction.





                                            
                                                                 2.        Compound
                                                                 communited
                              ig                                 supracondylar
                                                                 fracture        right
                                                                 humerus
                                                                 3.     CLW on left
                                                                 shoulder at the tip
                            
                                                                 of acromion.
                                                                 4.     CLW on left
                                                                 shoulder         over
                                                                 anterior border of
                                                                 deltoid
                                                                 5.     CLW on left
        

                                                                 shoulder         over
                                                                 anterior      axillary
     



                                                                 line      at     infra
                                                                 clavicular region.
                                                                      (Ex.1462A)
    49    Maruti     Cama    1.      Two bullet Dr.J.T.          1.            Partial
          Mahadevrao Out     injuries hit on right Sankpal       amputation        on





          Phad               hand      of      this (PW 556)     right middle and
          (PW 139)           witness.                            ring          finger.
                             2. Third bullet hit on              (Firearm)
                             left side of waist of               2.       Injury   on
                             this witness.                       buttock
                                                                     (Ex.1434A)





    50    Mohd.Asif  Cama    Injuries on left thigh Dr.               Though      the
          Abdul Gani Out                            Rangwala     medical officer has
          Memon                                     (PW 555)     been examined but
          (PW 456)                                               he has not stated
                                                                 anything about the
                                                                 injury sustained by
                                                                 this        witness.
                                                                 Certificate is also
                                                                 not produced.




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    51    Shankar    Cama        Injuries on left Dr. P.L. Tiwari    Doctor            is
          Bhanusaheb Out         heel and right (PW-554)             examined . Nature
          Vhande                 great toe.                          of    injuries  not
          (PW 454)                                                   mentioned in the
                                                                     evidence.
                                                                     Certificate is also




                                                 
                                                                     not produced.
    52    Kalpanath     Cama     Injury on left side Dr.J.T.Sankpal CLW over left side
          Jitai Singh   Out      of neck
                                  ig                 (PW 556)       of neck.
          (PW 457)                                                      (Ex.1434C)
    53    Anil          Cama     Injuries on right Doctor   not                -
          Mahadev       Out      hand fingers.     examined
                                
          Nirmal
          (PW 453)
    54    Prashant      Cama     Bullet injuries on Dr.J.T.Sankpal Entry wound on
          Sadashiv      Out      left arm           (PW 556)       upper 1/3 left arm
          Koshti                                                   and corresponding
          (PW 455)                                                 exit wound on the
        


                                                                   same arm
                                                                      (Ex.1434B)
     



    55    Sanjay        Vinoli   Firearm injury on Dr.Bgagwat        Injury on right lion
          Yeshwant               right   side   of (PW 8)            region
          Govilkar               waist.            Dr.Jyoti Rao           (Ex.115)
          (PW 2)                                   (PW 21)





    56    Syam          Vile     Blast injury on Doctor   not                  -
          Sunder        Parle    right shoulder. examined
          Choudhary
          (PW 171)
    57    Balkrishna Vile        Injury   due    to Dr.U.A.          Doctor is examined.
          Ramchandra Parle       blast on face, eye Mohanrao         Nature of injuries
          Bore                   leads, forehead, (PW 577)           not mentioned in





          (PW 490)               nose and ear.                       the        evidence.
                                                                     Certificate is also
                                                                     not produced.
    58    Chandresh   Oberoi     Bullet injury on Dr.S.V.Modi        Bullet injury on left
          Harijwandas            back side of hip (PW 551)           shoulder
          Vyas                   and neck.                                (Ex.1429A)
          (PW 452)




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    59    Apurva      Oberoi    Bullet       Dr.Mrudul No injuries were found on his
          Natwarlal             injuries on Barjatya   person. His affidavit appears
          Parekh                back side of (PW 552) to be copy paste of some




                                                           
          (PW 447)              hip     and            other witness. This witness
                                neck.                  has    not   sustained   any
                                                       injury(Ex.1430A)
    60    Dinaj      Oberoi     Injury   on Dr.Girish Wounds and bleeding left
          Puranchand            left elbow Talwadkar elbow and left arm. Suturing
          Sharm                 and     left (PW 569) done. (Ex.1447B)




                                                  
          (PW 448)              arm.
    61    Virendra    Trident Bullet
                                 ig       Doctor                         -
          Pitamber            injuries on not
          Semwal              right hand. examined
          (PW 451)
                               
    62    Joseph Joy Trident Bullet injury Dr.S.S.       Bullet injury on right hand
          Pultara            on      right Dalvi         and left thigh.   Bullet was
          (PW 450)           and       left (PW 562)     removed       and      wound
                             thigh.                      debridement was done. (Ex.
                                                         1440F)
    63    Gangaram    Trident Bullet      Dr.S.S.        Bullet injury on right calf
        

          Suryabhan           injuries on Dalvi            (Ex.1440E)
          Borde               right calf. (PW 562)
     



          (PW 446)
    64    Ranjit      Trident Injuries on Dr.            Blast injury to chest and lower
          Jagganath           chest and Saksena          limb. (Ex.1431A)
          Jadhav              lower limb. (PW 553)
          (PW 449)





    65    Nitin       Taj       Burn         Doctor                  -
          Digamber              injuries on not
          Kakade                right hand, examined
          (PW 493)              both    ears
                                and nasal
                                aspect    of
                                face





    66    Ashok       Taj       Inhalation    Doctor             -
          Laxman                injury        not
          Pawar                               examined
          (PW 500)
    67    Arun        Taj       Inhalation    Doctor              -
          Sarjerao              injury        not
          Mane                                examined
          (PW 501)




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    68    Saudagar    Taj       Smoke            Doctor not             -
          Nivruti               Inhalation.      examined




                                                              
          Shinde
          (PW 502)

    69    Amit        Taj       Firearm injury Dr.M.M.        Details of injuries not
          Raghunath             on right flank Begani         mentioned by the doctor in
          Khetle                and      right (PW 584)       his    evidence.        Injury




                                                
          (PW 499)              abdomen.                      certificate is not produced.
    70    Shankar     Taj       Firearm
                                 ig            Doctor not              -
          Shamrao               injuries    on examined
          Pawar                 right    hand
          (PW 503)              and      right
                                knee
                               
    71    Sajesh      Taj       Injury       on Dr.B.S.       Details of injuries not
          Narayan               right    thigh. Chitlangia    mentioned by the doctor in
          Nair                  Firearm and (PW 583)          his    evidence.        Injury
          (PW 497)              blast injuries                certificate is not produced
    72    Nitin      Taj        Firearm injury Dr.M.G.        Gun shot injury on left
        

          Satishkuma            on         left Noriani       forearm with fracture of left
          r Minocha             forearm and (PW 581)          ulna.
     



          (PW 496)              fracture     of                     (Ex.1459A)
                                left ulna
    73    Adil        Taj       Assaulted on Dr.B.S.          CLW forehead and left
          Rohengtan             back side by Chitlangia       thumb blunt trauma back
          Irani                 the        two (PW 583)       and brush burns all over





          (PW 188)              terrorists at                 body.
                                Room No.632                      (Ex.1461A)
                                of Hotel Taj
    74    Ashish      Taj       Firearm          Dr.S.S.      Swelling of left ankle
          Ankush                injuries      on Dalvi          (Ex.1440B)
          Patil                 left leg         (PW 562)
          (PW 492)





    75    Jagdish     Taj       Firearm injury Dr.S.S.        Gun shot injury on right
          Waman                 on right wrist Dalvi          arm and right knee
          Gujran                and      right (PW 562)         (Ex.1440C)
          (PW 495)              knee




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    76    K.R.         Taj       Assaulted by the Doctor not                   -
          Rammurthi              terrorists at hotel examined




                                                             
          (PW 184)               Taj in Room No.
                                 632 and Room No.
                                 520.
    77    Naushir Firz Taj       Gunshot injury on Doctor not                 -
          Sanjana                left leg.         examined




                                                  
          (PW 494)

    78    Rakesh      Taj        Firearm injuries on Dr.B.S.
                                  ig                                Details of injuries not
          Harischandr            right buttock.      Chitlangia     mentioned by the
          a Chawan                                   (PW 583)       doctor       in      his
          (PW 498)                                                  evidence.         Injury
                                                                    certificate    is    not
                                
                                                                    produced.
    79    Pravin       Leopold Firearm injury on Dr.M.M.            Details of injuries not
          Pandurang            right thigh.      Begani             mentioned by the
          Sawant                                 (PW 584)           doctor       in      his
          (PW 474)                                                  evidence.         Injury
        

                                                                    certificate    is    not
                                                                    produced
     



    80    Nivruti      Leopold Firearm injury on Dr.B.S.            Details of injuries not
          Baburao              left upper thigh Chitlangia          mentioned by the
          Gavhane              and right thigh.  (PW 583)           doctor       in      his
          (PW 489)                                                  evidence.         Injury
                                                                    certificate    is    not





                                                                    produced

81 Ijaj Abdul Leopold Firearm injury on Dr.Sonawali 1. Abrasion over Karupandan right hand. Khairmode right palm Kuddi (PW 94/565) 2. Entry and exit (PW 477) wound over right forearm (Ex.1443A) 82 Kunal Leopold Firearm injuries on Dr.P.K. Gunshot injuries on Prakash left hand, right Munshi left hand, right Jaiswani gluteal region and (PW 564) gluteal region and (PW 475) fracture of left fracture of left femur femur.

                                                                        (Ex.1442A)




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    83    Ramchandra Leopold     Firearm          Doctor   not               -




                                                            
          Selumadhav             injury        on examined
          Nair                   right leg.
          (PW 480)
    84    Bharat       Leopold   Blast      and Doctor   not             -
          Sasuprasad             firearm        examined




                                                   
          Gujar                  injuries    on
          (PW 481)               right    hand,
                               igright leg.
    85    Rasika       Leopold   Blast injuries Doctor not               -
          Krushna                on left and examined
          Sawant                 right leg.
          (PW 482)
                             
    86    Mohd.        Leopold   Firearm        Doctor   not             -
          Parvez                 injury      on examined
          Aslam Ansari           right hand.
          (PW 483)
        


    87    Fanishang    Leopold   Firearm          Dr.V.          Entry wound on right
     



          Misha                  injury        on Sequeira       side near mid spine.
          Bhishum                back.            (PW 570)       Pallet removed.
          (PW 486)                                                    (Ex.1448A)

    88    Manoj        Leopold   Firearm        Doctor   not             -





          Bahadur                injury on left examined
          Tahakur                hand.
          (PW 485)
    89    Ransale    Leopold     Firearm         Dr.Hari Ram     Gun shot injury fracture
          Gilbert                injury       on Jhunjhunwal     of right lower leg with
          Santhumayo             right side leg. a               entry wound antero-





          r                                      (PW 568)        medially   (2cm)    exit
          (PW 476)                                               wound postero-laterally
                                                                 at the junction of
                                                                 middle and lower 1/3
                                                                 (8 cm x 5cm)
                                                                     (Ex.1446A)




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    90    Mohd. Ayub Leopold   Firearm injury Doctor not               -




                                                         
          Mohd.                on left side examined
          Abdul                hand.
          Ansari
          (PW 484)
    91    Prashant   Leopold   Injury on left Doctor not               -
          Vasant               side hand.     examined




                                              
          Tambe
          (PW 488)
    92    Naresh
          Mulchand
          Jumani
                             
                      Leopold Blast
                              firearm
                              injuries
                                          and Doctor not

                                           on
                                              examined
                                                                       -


          (PW 487)            chest
                            

93 Nilesh Leopold Firearm injury Dr.Sonali 1. Firearm injury on left Mahendra on left side Khairmode thigh. Gandhi leg. (PW 2. CLW on left lower (PW 478) 94/565) limb foot. (Ex.1443B) 94 Prakash Leopold Firearm Dr.S.S. Details of injuries not Satan injuries on Vengsarkar mentioned by the doctor Bharwani right hand and (PW 572) in his evidence. Injury (PW 479) right side leg. certificate is not produced.

95 Prakash Nariman Bullet injuries Dr.Sonali Firearm injury to right Rawji Surve on right leg, Khairmode gluteal region (PW 439) below wrist (PW (Ex.1443C-1) 94/565) 96 Bablu Nariman Bullet injury Doctor not -

          Rajsingh           on right leg     examined
          Yallam
          (PW 440)





    97    Sanjay     Nariman Blast injuries Doctor not                 -
          Laxman             on left hand examined
          Kattar             finger, thumb
          (PW 441)           and other part
                             of the body




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    98    Vijay Ankush Nariman   Bullet injuries on Doctor not                  -
          Phalke                 left leg and thigh. examined




                                                       
          (PW 442)
    99    Ashok   Babu Nariman   Bullet injuries on Doctor not                  -
          Sunnap                 abdomen            examined
          (PW 443)
    100 Pradosh       Nariman    Blast injuries on Dr.S.I.Khan     Details of injuries




                                            
        Prakash                  left leg          (PW 548)       not mentioned by
        Perekar                                                   the doctor in his
        (PW 444)               ig                                 evidence.     Injury
                                                                  certificate is not
                                                                  produced.
    101 Anil          Nariman    Blast injuries on Doctor not               -
                             
        Sakharam                 right         side examined
        Varal                    abdomen.
        (PW 445)
    102 Mukhtar       Mazgaon Blast injuries on Doctor not                  -
        Shriniwas             left leg.         examined
        

        Shaikh
        (PW 467)
    103 Sanju Krishna Mazgaon Blast injuries on Doctor not                  -
     



        Ghorphade             neck              examined
        (PW 460)
    104 Siddiqui Firoz Mazgaon Blast injuries on Doctor not                 -
        Shaikh                 hand, leg chest examined





        (PW 462)               and abdomen
    105 Heena China Mazgaon Blast injuries on Doctor not                    -
        Shaikh              both legs, chest examined
        (PW 466)            and face.
    106 Manora         Mazgaon Blast injuries on Doctor not                 -
        Begum      Ali         left   arm    and examined





        Akbar Shaikh           backside of the
        (PW 461)               body
    107 Hawa Abdul Mazgaon Blast injuries on Doctor not                     -
        Salim Shaikh       left leg and left examined
        (PW 459)           hand.




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    108 Rahaman Ali Mazgaon Blast       Doctor               -
        Akbar Shaikh        injuries on not
        (PW 465)            both legs. examined
    109 Manohara     Mazgaon Blast       Doctor              -
        Begum    Ali         injuries on not




                                            
        Ahmed                hand        examined
        Shaikh
        (PW 458)             
    110 Kanhaikumar   Mazgaon Blast       Dr.M.E.   1.         Partially    healed
        Harikishor            injuries on Bansude   lacerated wound on lateral
        Paswan                right hand (PW 557)   aspect of little finger of right
        (PW 468)              and                   hand, oval shaped, 6.8 cm.
                            
                              forehead.             below the tip of finger.
                                                    2. White glistering scar of
                                                    size 0.3 cm x 0.2 cm.,
                                                    circular present on dorsal
                                                    aspect of right index finger
        

                                                    on dorsal phalanx.
                                                    3. Reddish pale coloured
                                                    scar, wound is contracted,
     



                                                    wound present on left side
                                                    frontal      eminence         of
                                                    forehead
                                                    4. White glistering , circular
                                                    present on lateral aspect of





                                                    left forearm near elbow
                                                    joint. 10 cm. away and front
                                                    of olecrenon process (Limb
                                                    is extension position)
                                                    5.         White glistering,
                                                    circular, depressed scar
                                                    present on lateral aspect of





                                                    left forearm. 8.5 cm. front of
                                                    olecrenon process (Limb in
                                                    extension position).
                                                    wound is 4.3 cm above the
                                                    injury No.4.
                                                          (Ex.1435A)




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111 Shamim Mazgaon Blast injuries on Dr.M.E. 1. Abrasion on Rauf Shaikh forehead, hand Bansude medial side of right (PW 463) and leg. (PW 557) index finger.

2. 0.2 x 0.2 cm.

oval glistering, pale scar. 4.2 cm. above root of nose on midline of forehead.

ig (Ex.1435B)

63. It is the case of the prosecution that the handlers and the co-conspirators stationed in Pakistan had used Voice over Internet Protocol (for short, "VoIP") service provided by the Callphonex, New Jersey, U.S.A. to establish contact with the accused in Mumbai. They had taken Direct Inward Dialing (for short, "DID") numbers from Callphonex. These DID numbers when used, would display the caller ID of Callphonex Number in the phones of the parties who were contacted. According to the prosecution, deceased A4-Nazir @ Abu Umer, deceased A5-Hafiz Arshad @ Abdul Rehaman Bada @ Hayaji, ::: Downloaded on - 09/06/2013 16:53:51 ::: AJN CONF2.10-Kasab 214 deceased A8-Javed @ Abu Ali and deceased A9- Shoaib @ Abu Soheb who were killed at Hotel Taj by NSG commandos had established contacts with their handlers and the co-conspirators by using Cell phone Nos.

9910719424 and 9622588209. According to the prosecution, SIM card of the Cell phone No. 9910719424 of Airtel was sold by PW-259 Gurvindersingh Bakshi of Delhi to one Suresh Prasad. The said Suresh Prasad had enclosed copy of identity card along with the application for SIM card. The said identity card showed that he was in the employment of the Central Government in the department of Urban Development. However, it was revealed that the identity card was fake. The said Suresh Prasad could not be traced by the police though his photograph was available on the application form.

64. According to the prosecution, deceased A6-Abadul Reheman Chhota @ Saakib had established contact with the handlers and the co-conspirators from Cell Nos.


    9769679723     and   9820704507.            According          to      the




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prosecution, the first Cell number belonged to PW-250 Ms. Lisa Kristina Ringner who was staying in one of the rooms on the 18th floor of Hotel Oberoi and the second Cell number belonged to Rita Agarwal who was killed in the incident at Hotel Oberoi. The SIM cards of these two guests were used by deceased A6-Abadul Reheman Chhota @ Saakib for establishing contact with his mentors in Pakistan.

65. As far as Nariman House is concerned, deceased A2-

Imran Babar @ Abu Aakasha had used SIM card of Cell No. 9819464530 belonging to deceased Gabriel. The conversation between the deceased accused and the co-

conspirators from Nariman House, Hotel Oberoi and Hotel Taj to the unknown destination in Pakistan was recorded by the officers of DCB, CID by diverting the said telephone numbers to police numbers. According to the prosecution, the conversation recorded by the police clearly indicates that A1-Kasab and the nine deceased accused had been acting in conspiracy with the wanted accused in Pakistan ::: Downloaded on - 09/06/2013 16:53:52 ::: AJN CONF2.10-Kasab 216 and, during the course of incident also, they had been receiving instructions from them.

66. During the course of investigation, when the confession of A1-Kasab was recorded by learned Magistrate, it was revealed that A1-Kasab and the nine deceased accused were given one mobile phone each by wanted A7-Zarar Shah with Indian SIM cards. They were told that the SIM cards will start functioning once they entered Indian territory. It was further revealed during the course of investigation with Nokia U.S.A. and Nokia India that the said phones with independent unique international mobile equipment identity numbers (for short, "IMEI") were dispatched from Nokia, China to Pakistani dealers.

67. According to the prosecution, Yamaha Enduro Outboard Machine seized by the police from Badhwar Park was shipped from Japan to Pakistan.

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AJN CONF2.10-Kasab 217

68. The seized arms and ammunition, remnants of explosives, sand and soil from the place of explosion were sent to the Ballistic Expert. The reports submitted by the Ballistic Experts from time to time indicated that the empties of 7.62 mm short rifle cartridges found at different places where the alleged offence had been committed, tallied with the empties test fired from the weapons brought by A1-Kasab and the nine deceased accused. The 7.62 mm short live cartridges recovered from various places of the offences, were found to be live on test firing. According to the prosecution, the recovery of large amount of empties and cartridges indicated that large scale preparations were made to mount a serious attack on important locations in Mumbai and to wage war against the Government of India and further to overawe the State Government of Maharashtra.

69. According to the prosecution, fired bullets recovered from the spot and retrieved from some of the dead bodies ::: Downloaded on - 09/06/2013 16:53:53 ::: AJN CONF2.10-Kasab 218 also positively indicated the role of A1-Kasab and the nine deceased accused. The bullets retrieved from some of the dead bodies from CST indicated that the deceased were shot either by A1-Kasab or deceased A1-Abu Ismail.

Tallying of bullet retrieved from the dead body of deceased Tukaram Ombale with the test fired bullet from AK-47 rifle used by A1-Kasab showed that it is A1-Kasab who was responsible for the death of deceased Tukaram Ombale. All the AK-47 rifles seized by the police were examined by the Ballistic Expert and it was found that they were used for firing before they were received in the laboratory for examination.

70. The police had also recovered various articles from boat M.V. Kuber which were transferred from vessel Al-

Husaini. The brand names of various articles and their places of manufacture showed that they were manufactured in Pakistan. A large number of blankets were also seized by the police from boat M.V. Kuber. The DNA of sweat found on some of the blankets tallied with ::: Downloaded on - 09/06/2013 16:53:53 ::: AJN CONF2.10-Kasab 219 DNA of the deceased accused. DNA of sweat sample collected from the jackets found on the boat was also compared. The DNA of blood sample of A1-Kasab tallied with DNA of sweat found on one of the jackets. A large number of fuel drums found on boat M.V. Kuber indicate that fuel cans or drums were also transferred from Al-

Husaini to M.V. Kuber.

71. During the course of investigation, confessional statement of A1-Kasab was recorded under Section 164 of the Code by the Additional Chief Metropolitan Magistrate. According to the prosecution, this confession gets corroboration from the circumstantial evidence and the direct evidence collected by the investigators.

72. The investigation at Porbandar Port revealed that the boat M.V. Kuber was registered at Porbandar Port in the name of brother of PW-43 Vinod Babulal Masani. The investigation revealed that deceased Amarchand Solanki ::: Downloaded on - 09/06/2013 16:53:54 ::: AJN CONF2.10-Kasab 220 was the navigator and there were other four sailors with him. Dead body of Amarchand Solanki was found in boat M.V. Kuber when it was brought to the seashore at Sassoon Docks after the same was spotted in high seas by the coast guard on the statement made by A1-Kasab.

As per the confession of A1-Kasab, the other four fishermen who were forcibly taken to Al Husaini from boat M.V. Kuber had been killed by the wanted accused on the vessel Al-Husaini.

73. According to the prosecution, the confession given by A1-Kasab and corroborative evidence in the form of circumstantial evidence and the direct evidence collected by the police clearly show that A1-Kasab along with the nine deceased accused and wanted A1 to A35 had conspired to wage war against Government of India and to commit various offences as detailed in the charge-

sheet.

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AJN CONF2.10-Kasab 221

74. According to the prosecution, A1-Kasab, all the nine deceased accused and wanted A1 to A35 in pursuance to the said conspiracy had collected men, arms and ammunition within and outside India and had made other preparations to wage war against the Government of India. In pursuance of the said conspiracy, they committed substantive offences as stated in the charge-

sheet.

75. It is the prosecution case that interception of telephone conversation was approved by the competent authority and ex-post facto permission was granted under Section 5(2) of the Telegraph Act, 1885 and Rules made thereunder. Similarly, a valid sanction was obtained under Section 196 of the Code for prosecution of the accused under Sections 121, 121-A, 122 of the IPC from the competent authority. A valid sanction was granted by the competent authority for prosecution of accused for the offences punishable under Sections 10, 13, 16, 17, 18, 20 ::: Downloaded on - 09/06/2013 16:53:55 ::: AJN CONF2.10-Kasab 222 and 23 of Unlawful Activities (Prevention) Act, 1967.

Sanction was also obtained by Investigating Officer for prosecution of A1-Kasab for the offence punishable under Section 25(1B)(a) read with Section 3 of the Arms Act. The Commissioner of Customs had also sanctioned prosecution of the accused for the offence punishable under Section 135 of the Customs Act. Sanction as required was also granted under Section 188 of the Code for taking cognizance of offences committed outside India.

Sanction for taking cognizance of offence of conspiracy to commit offences other than those punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or more was also granted by the competent authority.

76. All the twelve FIRs were clubbed together and a common charge-sheet was submitted by the DCB, CID against A1-Kasab, A2-Ansari and A3-Shaikh and the wanted A1 to A35.

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    77.   Since A1-Kasab had not engaged                  any lawyer,




                                                

Mr. Kazmi and Mr. Pawar were appointed to appear for him. Later on, Mr. Kazmi was replaced by Mr. Pawar. A2-Ansari and A3-Shaikh were represented by Mr. Mokashi with Mr. Azmi and Mr. Naqvi respectively.

78. Charges were explained to the accused on 6/5/2009.

All the accused pleaded not guilty to the charges. Their pleas came to be recorded at Ex-51, Ex-52 and Ex-53 respectively. After additional charge was framed, the pleas of A1-Kasab, A2-Ansari and A3-Shaikh were again recorded and they are at Ex-51A, Ex-52A and Ex-53A respectively. Thereafter, the trial started. After evidence of 134 witnesses was recorded on 20/7/2009, A1-Kasab pleaded guilty to some of the charges. His plea was not accepted by learned Sessions Judge as it was partial admission of the guilt. Learned Sessions Judge, however, made it a part of the record. After the prosecution ::: Downloaded on - 09/06/2013 16:53:55 ::: AJN CONF2.10-Kasab 224 witnesses were examined and before A1-Kasab was called on for his defence, he was examined under Section 313(a) of the Code. He denied all the admissions of guilt and stated that he was under police pressure. He did not lead any evidence. Learned Sessions Judge perused the evidence on record and convicted A1-Kasab as aforesaid. He acquitted A2-Ansari and A3-Shaikh of all the charges.

79. Apart from confirmation case and appeal filed by A1-

Kasab, we have also dealt with appeal filed by the State of Maharashtra challenging the acquittal of A2-Ansari and A3-Shaikh.

80. We have heard Mr. Nikam, learned Special Public Prosecutor for the State and Mr. Solkar and Ms. Shah, learned appointed advocates for A1-Kasab. We have also heard Mr. Mokashi, learned counsel for A2-Ansari and Mr. Naqvi, learned counsel for A3-Shaikh. With the assistance of learned counsel, we have gone through the relevant ::: Downloaded on - 09/06/2013 16:53:56 ::: AJN CONF2.10-Kasab 225 record. We have also seen the CCTV footages.

Considering the nature of the case and the voluminous record, we shall first deal with the arguments advanced by the counsel in respect of A1-Kasab's case. We shall then turn to the prosecution case about A2-Ansari and A3-

Shaikh.

    81. Mr.     Nikam,
                         
                          learned      Special   Public        Prosecutor

    submitted    that    the   prosecution   has     proved          beyond
                        

reasonable doubt that A1-Kasab, A2-Ansari and A3-Shaikh along with deceased A1 to A9 and wanted A1 to A35 during the period between December, 2007 to November, 2008 were party to a criminal conspiracy to wage war against the Government of India and to that end committed several offences under different enactments and they did wage war against the Government of India.

He submitted that A1-Kasab and deceased A1-Abu Ismail indiscriminately fired at innocent people at CST, outside and inside Cama Hospital. They killed and injured several police officers. Counsel further submitted that the ::: Downloaded on - 09/06/2013 16:53:56 ::: AJN CONF2.10-Kasab 226 prosecution has adduced evidence of injured eye-

witnesses. There is clinching circumstantial evidence which bears out the prosecution case. Counsel submitted that A1-Kasab has voluntarily made a confession which is recorded by PW-218 Ms. Sawant-Waghule, Additional Chief Metropolitan Magistrate. He has also pleaded guilty to a substantial part of the prosecution case. Counsel submitted that though he has subsequently retracted his confessional statement and plea, the retraction is an afterthought and since the confession is voluntary and true and corroborated by other evidence on record A1-

Kasab has been rightly convicted on the basis thereof. Counsel relied on several judgments in support of his case to which we shall advert in due course.

82. It is necessary to mention that Mr. Solkar, learned appointed advocate for A1-Kasab has told us that he is limiting his argument to the incidents in which A1-Kasab is allegedly involved and his alleged role in conspiracy. He ::: Downloaded on - 09/06/2013 16:53:57 ::: AJN CONF2.10-Kasab 227 submitted that the main theme of his arguments is that A1-Kasab is not involved in any of the incidents and is not part of the alleged conspiracy. Mr. Solkar submitted that he is not challenging the prosecution case so far as the involvement of deceased A1-Abu Ismail and the deceased accused and the wanted accused is concerned. He submitted that the case of A1-Kasab is that he is not concerned with the deceased accused and wanted accused. Mr. Solkar has not disputed or challenged the rest of the prosecution case which, inter alia, involves incidents at Hotel Leopold, Hotel Taj, Nariman House and Hotel Oberoi. We have, however, gone through the entire evidence in connection with those incidents and the relevant material as they are relevant for the purpose of examining the charge of conspiracy.

83. Mr. Solkar submitted that A1-Kasab was denied a fair and reasonable opportunity to defend his case because services of experienced lawyer were not made available ::: Downloaded on - 09/06/2013 16:53:57 ::: AJN CONF2.10-Kasab 228 to him. He submitted that the appointed lawyer was not given time to study the case and the case was concluded in a great hurry causing grave prejudice to A1-Kasab.

Counsel submitted that vital evidence was not brought on record and, therefore, the case must be remanded for retrial or additional evidence needs to be taken on record by this court. Counsel submitted that the alleged confessional statement has been extracted from A1-Kasab by the police by exerting pressure on him. It is not a true and voluntary statement. A1-Kasab has retracted it and, hence, it should not have been relied upon for any purpose. Similarly, plea of guilty of A1-Kasab was retracted by him and, therefore, learned Sessions Judge erred in using it against him. Counsel submitted that the prosecution has failed to prove its case beyond reasonable doubt. Counsel relied upon several judgments in support of his case to which we shall soon advert.

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AJN CONF2.10-Kasab 229 PRELIMINARY OBJECTIONS.

84. We must note that the above is a mere outline of the submissions of learned counsel. For the sake of convenience and to avoid repetition, we shall deal with submissions of learned counsel on each topic separately at the appropriate place. But before we do that, it is necessary to deal with certain preliminary objections and certain submissions which are likely to crop up at every stage. The prosecution is heavily relying on confessional statement of A1-Kasab recorded under Section 164 of the Code. It is also relying on the plea of guilty of A1-Kasab.

Heavy reliance is also placed on identification parade evidence. It is urged that there is delay in recording evidence of some of the witnesses. The conduct of the witnesses in not reacting in a particular manner to a particular incident, is commented upon. Orders passed by learned Sessions Judge recalling certain witnesses, allowing deferring of cross-examination and allowing re-

examination are challenged. In our opinion, it would be proper to deal with these submissions at the outset so ::: Downloaded on - 09/06/2013 16:53:58 ::: AJN CONF2.10-Kasab 230 that, we do not have to consider them when, we deal with each incident. We, therefore, proceed to deal with those submissions first. Thereafter, we will go to each incident.

A. FAIR OPPORTUNITY TO A1-KASAB TO DEFEND HIS CASE.

85. We shall start with Mr. Solkar's submission that A1-

Kasab was not given a fair opportunity to defend the prosecution case and, hence, it is necessary to remand the case to the trial court.

86. In this connection, counsel took us to Appendix B of Chapter V of the Criminal Manual. He relied on Rules 6 and 7 and particularly sub-rules (5) and (6) of Rule 7.

Rule 6 pertains to panel of legal practitioners for Legal Aid. Mr. Solkar submitted that as per Rule 6, the appointment of a legal practitioner for the unrepresented accused person shall be made from a panel of legal practitioners constituted for each court by the Presiding Officer of the Court in consultation with the President and the Office bearers of the Bar Association. He submitted ::: Downloaded on - 09/06/2013 16:53:59 ::: AJN CONF2.10-Kasab 231 that where the offence is punishable with sentence of death or imprisonment for seven years or more, a senior advocate with a junior advocate from the panel shall be appointed for defending the unrepresented accused and as far as possible, the Presiding Officer shall not make an appointment from outside the panel but he may do so for any exceptional reason to be recorded in writing.

87. Mr. Solkar submitted that this procedure ought to have been meticulously followed by learned Sessions Judge, which he has not done. Relying on the judgment of the Orissa High Court in Pitambar Dehury & Ors. v.

State of Orissa, 1985 Cri.L.J. 424, judgment of the Madhya Pradesh High Court in Sagri v. State of Madhya Pradesh, III-1991 (1) Crimes 580 and judgment of the Allahabad High Court in Ram Awadh v.

State of U.P., 1999 Cri.L.J. 4083, Mr. Solkar submitted that the advocate has not to be merely a senior advocate, but he must also have sufficient experience in criminal matters. He may not be a designated senior advocate but ::: Downloaded on - 09/06/2013 16:53:59 ::: AJN CONF2.10-Kasab 232 he should necessarily have several years of practice to his credit. Counsel submitted that the record does not show that learned Sessions Judge went through the panel of lawyers and made the appointment after due deliberation.

He submitted that A1-Kasab was deprived of the services of a competent lawyer.

88. It is not possible for us to accept this submission.

Initially, Ms. Anjali Waghmare was appointed as amicus curiae for A1-Kasab. However, by order dated 15/4/2009 passed on application (Ex-7), her appointment was revoked because, it appears that an allegation was made that she had appeared for one of the victims. In the said order, learned Sessions Judge has stated that he had gone through the list of advocates on the panel of free legal aid maintained by the Registrar, Sessions Court, Greater Bombay. He has observed that some of them had met him in his chamber. Pertinent observation of learned Sessions Judge must be noted. He has stated that considering the nature of the case, the magnitude thereof ::: Downloaded on - 09/06/2013 16:54:00 ::: AJN CONF2.10-Kasab 233 and voluminous record, it was necessary to appoint a lawyer who has the ability to handle the case of this nature competently and with due diligence. He has expressed that it was, therefore, necessary to convey a message to the President of the Bar Association to find out as to whether any lawyer who is not on the panel, is ready to appear for A1-Kasab. He requested Mr. Kazmi, who was present in the court to convey this message to the President of the Bar. He, thereafter, adjourned the matter to 16/4/2009.

89. The order passed by learned Sessions Judge on 16/4/2009 is also a reasoned order. It notes that the President of the Bar Association, learned advocates Mr. Sudeep Pasbola, Mr. Dave, Mr. Randhir Kale, Mr. Suhas Gaikwad, Mrs. Arundhati Walavalkar, Mr. Pravin Singhal, Mr. Abbas Kazmi and Mr. Yug Choudhari were present. He has recorded that he had a meeting with them for about 15 to 20 minutes regarding the issue of providing free legal aid to A1-Kasab and the discussion proved to be ::: Downloaded on - 09/06/2013 16:54:00 ::: AJN CONF2.10-Kasab 234 fruitful. He has recorded that after due deliberations with the lawyers who were present in the chamber, it was decided that Mr. Kazmi shall represent A1-Kasab. Learned Sessions Judge has observed that Mr. Kazmi is not a lawyer on the panel of lawyers maintained by the Principal Judge of City Civil and Sessions Court, Greater Mumbai but he has referred to what he had stated in his order dated 15/4/2009 that considering the nature of the case, the magnitude thereof and the voluminous record, it was necessary to appoint a competent lawyer though he may not be on the panel. He has then considered the question whether lawyers who are not on the panel can be appointed. He has rightly relied on the judgment of the Madhya Pradesh High Court in Chandra Prakash Gajurel v. Inspector of Police, Chennai, 2006 Cri.L.J.

1791 where the submission that lawyer who is not on the panel cannot be appointed, was rejected. Learned Sessions Judge has also referred to another judgment of this court in Criminal Appeal No.487 of 2008 in Ramchandra Nivrutti Mulak v. State of Maharashtra ::: Downloaded on - 09/06/2013 16:54:00 ::: AJN CONF2.10-Kasab 235 on question of fees to be paid to the amicus curiae lawyer and observed that the Government should consider granting reasonable fees to the appointed lawyer.

90. Having perused the above orders, we are of the opinion that learned Sessions Judge was alive to the need to appoint a competent lawyer to defend an accused who is facing serious charges like murder, waging of war, etc. He has considered whether a counsel who is not on the panel, could be appointed for the accused or not. He had a discussion with the President of the Bar of Sessions Court and other lawyers and after due deliberation, he has appointed Mr. Kazmi. It may be stated here that Rule 6 of Appendix B of Chapter V of the Criminal Manual states that as far as possible, the Presiding Officer shall not make an appointment from outside the panel, but he may do so for any exceptional reason to be recorded in writing.

Therefore, this Rule vests a discretion in learned Sessions Judge to appoint a counsel from outside the panel. He has to only give reasons for it. In this case, learned Sessions ::: Downloaded on - 09/06/2013 16:54:01 ::: AJN CONF2.10-Kasab 236 Judge has while exercising discretion given reasons. It cannot be said that learned Sessions Judge has appointed Mr. Kazmi without taking into consideration the salutary principle that a fair and reasonable opportunity has to be given to an accused to defend his case. It is not contended by Mr. Solkar that Mr. Kazmi is a junior lawyer or that he had no sufficient experience. It is true that at times, Mr. Kazmi has not chosen to cross-examine certain witnesses but at times, he has cross-examined some witnesses at length. It cannot be inferred from the fact that because Mr. Kazmi chose not to cross-examine certain witnesses that he showed lack of competence in handling the present case. We also find that learned Sessions Judge has also examined Court Witnesses and, wherever necessary, he has asked questions to the witnesses. There is, therefore, no miscarriage of justice.

91. In Pitamber Dehury, the Orissa High Court has referred to the judgment of the Supreme Court in Ranchod Mathur Wasawa v. State of Gujarat, AIR ::: Downloaded on - 09/06/2013 16:54:01 ::: AJN CONF2.10-Kasab 237 1974 SC 1143 where the Supreme Court has stressed the need to appoint competent State counsel for undefended accused in grave cases. It was observed that indigence should never be a ground for denying fair trial or equal justice. Therefore, particular attention should be paid to appoint competent advocates, equal to handling the complex cases. The Supreme Court has further observed that sufficient time and complete papers should also be made available, so that the advocate chosen may serve the cause of justice with all the ability at his command. In Sagri, the Madhya Pradesh High Court has reiterated the same view. In Ram Awadh, the Allahabad High Court has observed that when the law enjoins appointing a counsel to defend an accused, it means an effective counsel, a counsel in real sense who can safeguard the interest of the accused in best possible manner which is permissible under law. It is further observed that where the accused is facing a murder charge, his case should be handled by a competent person and not by a novice or one who has no ::: Downloaded on - 09/06/2013 16:54:01 ::: AJN CONF2.10-Kasab 238 professional expertise. It is further observed that the duty of a judge is to discern the truth. It is observed that a defence lawyer plays an important role in bringing out the truth before the court by cross-examining the witnesses and placing relevant material or evidence before the court. It is further observed that the absence of proper cross-examination may, at times, result in miscarriage of justice and the court has to guard against such an eventuality. Reliance was placed on the judgment of the Supreme Court in Ranchod Wasawa, to which we have made a reference hereinabove.

92. There can be no dispute about the need to make services of a competent experienced lawyer available to an accused who is facing serious charges like murder, waging of war, etc. As we have already stated, we are unable to come to a conclusion that learned Sessions Judge has not kept these principles in mind. The orders passed by him which we have quoted hereinabove indicate that after due application of mind, he appointed ::: Downloaded on - 09/06/2013 16:54:02 ::: AJN CONF2.10-Kasab 239 Mr. Kazmi. Besides, learned Sessions Judge has himself monitored the proceedings effectively, examined court witnesses and, whenever necessary, he has asked questions. The submission of Mr. Solkar that A1-Kasab was not provided a competent lawyer or any prejudice was caused to him must, therefore, be rejected.

93. Mr. Solkar drew our attention to sub-rules (5) and (6) of Rule 7. Sub-rule (5) states that if any advocate after having agreed to serve on a panel neglects or refuses to accept an appointment, he shall forthwith cease to be a member of the panel and shall be debarred from being reappointed on the panel. If an advocate refuses or neglects an appointment, his name shall be reported by the Presiding Officer of the court to the Bar Council of Maharashtra. Sub-rule (6) states that if any legal practitioner after accepting an appointment, neglects or refuses to discharge his duties properly, the authority which sanctioned the appointment shall remove the legal practitioner and appoint another in his place. Mr. Solkar ::: Downloaded on - 09/06/2013 16:54:02 ::: AJN CONF2.10-Kasab 240 submitted that Mr. Kazmi should have been removed at the earliest and another competent officer should have been appointed in his place.

94. It appears that after almost all important witnesses were examined and the question of taking affidavits of formal witnesses such as claimants of dead bodies was being considered, Mr. Kazmi did not assist learned Sessions Judge properly. He stated that he did not care for those affidavits. He seemed to have made certain gestures which offended learned Sessions Judge. Looking to his attitude and gestures, on 30/11/2009 at the fag end of the trial, learned Sessions Judge revoked order appointing Mr. Kazmi and, in his place, he appointed Mr. Pawar who was assisting Mr. Kazmi and was well conversant with the facts. Learned Sessions Judge has observed that since Mr. Pawar knows Marathi language, Mr. Kazmi took assistance from him and, as such, Mr. Pawar could conduct the case. Thus, the procedure contemplated in sub-rule 6 of Rule 7 was followed when ::: Downloaded on - 09/06/2013 16:54:02 ::: AJN CONF2.10-Kasab 241 necessary by appointing another advocate who was conversant with the facts so that A1-Kasab's interest will not be jeopardized.

B. DOES EXPEDITIOUS TRIAL AFFECT A1-KASAB'S RIGHTS.

95. It is urged that Mr. Kazmi was not given sufficient time to peruse the record. Several witnesses were examined on a day and this expedition has affected A1-

Kasab's right to have a fair and reasonable opportunity to defend the case. We find that on 16/4/2009, papers were given to Mr. Kazmi. It is pertinent to note that on 8/5/2009, he was asked to dispute the genuineness or otherwise of the documents but, he did not admit any of the documents and, therefore, it cannot be said that because of the expeditious handling of the case, any prejudice was caused to A1-Kasab. Charge was framed on 6/5/2009 and the trial started on 8/5/2009 but, we do not find from the Rozanama that Mr. Kazmi made a request for adjournment because the trial was started immediately. Besides, the trial went on for about seven months and Mr. Kazmi had sufficient time to read papers ::: Downloaded on - 09/06/2013 16:54:03 ::: AJN CONF2.10-Kasab 242 as the trial progressed.

96. We have no hesitation in rejecting Mr. Solkar's objection to expeditious disposal of this case. In Kartar Singh v. State of Punjab, (1994) 3 SCC 569, the Supreme Court has held that speedy trial is a component of personal liberty. In Hussainara v. Home Secretary, State of Bihar, AIR 1980 SC 1819, the Supreme Court has held that a procedural law is void if it does not provide for speedy trial. The Supreme Court has stressed the need to ensure that criminal trials are expedited. The court has not just to guard the interest of the accused. It must also guard the interest of the prosecution which is interested in bringing the culprit to book so that victims get justice. We are of the opinion that speedy trial is also a facet of the victims' rights safeguarded by Article 21 of the Constitution of India. Though Zahira Habibulla H.

Sheikh & Anr. v. State of Gujarat & Ors. (2004) 4 SCC 158 on which Mr. Solkar has placed reliance in support of his prayer for retrial is not applicable to this ::: Downloaded on - 09/06/2013 16:54:03 ::: AJN CONF2.10-Kasab 243 case to canvas that point, it must be remembered that in that case, the Supreme Court gave recognition to the victims' rights. The Supreme Court observed that a broader public and societal interest requires that the victims of the crime who are not ordinarily parties to the prosecution and the interests of the State represented by their prosecuting agencies do not suffer. Examined from this angle, we feel that it is necessary for a court to strike a balance between the right of an accused and the right of a victim. Just as an accused is required to be given a fair chance to defend his crime, the victims of the crime are also entitled to have a speedy trial because if the trials are delayed, it is possible that the evidence may vanish and the witnesses may not be available. The perpetrators of the crime may escape punishment. In the facts of this case, we feel that the Sessions Court has struck a balance by playing a participatory role in the trial by making available to A1- Kasab the services of a senior lawyer; by giving reasonable time to his lawyer and by expeditiously disposing of the case.

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    C.    NON-EXAMINATION OF CERTAIN WITNESSES.




                                                                    

97. We are also unable to accept Mr. Solkar's submission that the prosecution should have examined persons who were cited as prosecution witnesses and some of whose statements were recorded by the police. In this connection, Mr. Solkar stated that Anita Wadiar, who is stated to be present when the inflatable boat landed at Badhwar Park and the injured police officer - Parasnath, who had seen the terrorists, Ms. Anita Solanki and Anokha Rajappa, whose mobiles were borrowed by PW-123 Timesh Chinekar and the In-charge of Armoury, who had given the arms to PW-66 Kiratkar, ought to have been examined by the prosecution and since they are not examined, the case needs to be remanded.

98. It is not necessary for the prosecution to multiply witnesses. The prosecution has to only examine such witnesses who would unfold the prosecution story. In State of Madhya Pradesh v. Dharkole alias Govind Singh & Ors., 2005 SCC (Cri.) 225, a similar contention ::: Downloaded on - 09/06/2013 16:54:04 ::: AJN CONF2.10-Kasab 245 was raised before the Supreme Court. While rejecting the said contention, the Supreme Court held that non-

examination of some persons per se does not corrode vitality of prosecution version, particularly when the witnesses examined have withstood incisive cross-

examination and pointed to the respondents as the perpetrators of the crime. In this case also, the prosecution has examined eye-witnesses who have deposed about the crimes committed by A1-Kasab. Ample circumstantial evidence has also been produced by the prosecution. Several injured witnesses have been examined by the prosecution. Witnesses have identified A1-Kasab in the identification parade and also in the court. They have been extensively cross-examined.

However, substratum of the prosecution case has remained intact. In such a situation the prosecution was not obliged to multiply the witnesses. In fact, in Dharkole, the Supreme Court has gone on to observe that it is not necessary for the prosecution to examine somebody as a witness even though the witness was not ::: Downloaded on - 09/06/2013 16:54:05 ::: AJN CONF2.10-Kasab 246 likely to support the prosecution version. In this case, the prosecution has adduced sufficient evidence - oral as well as circumstantial to establish its case about the movements of various officers and the actual terrorist attacks as we shall soon see. The injured officers and other witnesses completely bear out the prosecution case.

The contention that on the above count, the case should be remanded, is therefore, rejected.

D. REMAND AND RETRIAL.

99. Mr. Solkar's submission that the printouts of call details made from mobile phone of Jt. C.P. Karkare and other witnesses, wireless messages and police logbook ought to have been produced and, for that purpose, the case needs to be remanded, also deserves to be rejected.

We are satisfied that the material produced by the prosecution has correctly unfolded the prosecution story.

100. On the question of remand, Mr. Solkar placed reliance on Zahira Sheikh, which is popularly known as Best Bakery case. This case arose out of a bizarre ::: Downloaded on - 09/06/2013 16:54:05 ::: AJN CONF2.10-Kasab 247 incident where, out of communal frenzy, a mob set fire to a bakery and killed innocent people. In that case, prosecution was faulty and biased. Witnesses were threatened and the trial court had adopted a perfunctory approach. The Supreme Court was convinced about the improper conduct of the trial. The Supreme Court was of the view that there was ample evidence on record glaringly demonstrating subversion of justice delivery system. In view of the fact that there was no congenial and conducive atmosphere in the State of Gujarat, the Supreme Court transferred the case to Mumbai for retrial.

While doing this, the Supreme Court reminded the courts of their participatory role in a trial. Reference was made to Section 311 of the Code and Section 165 of the Evidence Act which confer vast powers on the presiding officer of the court to elicit all necessary materials and to monitor the proceedings in aid of justice. The Supreme Court stressed the need to have fair prosecutors. The Supreme Court also referred to Section 391 of the Code which allows appellate court to take additional evidence, if ::: Downloaded on - 09/06/2013 16:54:05 ::: AJN CONF2.10-Kasab 248 found necessary. It is in the context of the peculiar facts before it that the Supreme Court held that failure to accord fair hearing to the accused or to the prosecution violates even the minimum standard of due process of law. Though, there can be no dispute about the principles laid down by the Supreme Court, by no stretch of imagination, facts of the present case can be equated with the facts in Zahira Sheikh.

101. In this case, the trial court has adopted a participatory role. It has permitted recall of witnesses. It has examined court witnesses and at times, it has asked pertinent questions to elicit correct information. It cannot be said that the investigation in this case is faulty or the prosecutor was inept. No witnesses were threatened.

The prosecution has examined as many as 659 witnesses.

There are several injured witnesses who have deposed about the incidents in question. The prosecution has brought expert's evidence on record. Several witnesses have been examined to bring on record circumstantial ::: Downloaded on - 09/06/2013 16:54:06 ::: AJN CONF2.10-Kasab 249 evidence which is vital to the issues involved in this case.

This, in our opinion, is not a case where any further evidence needs to be taken on record. We are, therefore, of the opinion that on the basis of Zahira Sheikh, it cannot be canvassed that the present case should be retried or that this court should take any additional evidence on record. In fact, as noted by us, in Zahira Sheikh, the Supreme Court has given recognition to victims' rights and victims' rights will be defeated if this case is sent for retrial. Request for retrial is, therefore, rejected.

102. It is then argued that some public interest litigation is pending in this court and the State Government has initiated an inquiry as regards the lapses of intelligence. It is, therefore, necessary to bring particulars of the inquiry on record. We find no hesitation in rejecting this argument because the inquiry conducted by the State Government about the lapses of intelligence has nothing to do with the present confirmation case. If any officers ::: Downloaded on - 09/06/2013 16:54:06 ::: AJN CONF2.10-Kasab 250 are responsible for any lapses, the State Government in its wisdom may take action against them. We are concerned with the charges levelled against A1-Kasab. In our opinion, it was not at all necessary for the prosecution to bring the particulars of the pending public interest litigation or alleged inquiry conducted by the State Government on record. This argument of counsel must, therefore, be rejected.

E. SUBMISSIONS ON CONFESSIONAL STATEMENT OF A1-KASAB:

103. The prosecution has heavily relied on the confession of A1-Kasab recorded by PW-218 Ms. Sawant-Waghule, Additional Chief Metropolitan Magistrate. The said confession was retracted by A1-Kasab by sending an application through his counsel on 17/4/2009. Mr. Nikam, learned Special Public Prosecutor submitted that conviction can be based on a retraction, if it is true and voluntary. He submitted that whether a confession is ::: Downloaded on - 09/06/2013 16:54:06 ::: AJN CONF2.10-Kasab 251 trustworthy or not can be ascertained by reading the same. The contents of the document provide the internal proof of trustworthiness of the document. In this connection, he relied on judgment of the Supreme Court in Mobarak Ali Ahmed v. The State of Bombay, AIR 1957 SC 857. Mr. Nikam further submitted that failure to comply with the provisions of the Criminal Manual will not render the confession inadmissible in evidence. It may only reduce its evidentiary value. He submitted that, if the judicial confession is found to be voluntary and true, then it cannot be discarded merely on the ground that it was recorded in the Magistrate's chamber. Mr. Nikam submitted that the Magistrate is required to ensure that requirements of Section 164 of the Code are fully satisfied. If the Magistrate's evidence indicates that requisite procedure is followed, then it is not proper to question the truthfulness and voluntary nature of the confession. Mr. Nikam further submitted that conviction can be based on retracted confession also, if it is found to be true and voluntary and, if retraction appears to be an ::: Downloaded on - 09/06/2013 16:54:07 ::: AJN CONF2.10-Kasab 252 afterthought. Mr. Nikam submitted that though reliance can be placed on an uncorroborated confession, if it inspires confidence, as a rule of prudence, court looks for corroboration before acting upon it. It is sufficient, if there is general corroboration as to the important incidents. Mr. Nikam pointed out that in this case evidence of PW-218 Ms. Sawant-Waghule clearly establishes that she had followed provisions of Section 164 of the Code. She has also followed the guidelines laid down by the High Court Criminal Manual. Her evidence is supported by the Investigating Officer PW-607 PI Mahale.

Retraction of the confessional statement made by A1-

Kasab is clearly an afterthought. He submitted that the confessional statement is corroborated by the other evidence on record. It is true and voluntary and, therefore, learned Magistrate has rightly placed reliance on it. Mr. Nikam submitted that a judicial confession can be partly accepted. The court can reject the exculpatory part and can accept inculpatory part of confession. In support of his submission, counsel relied on the ::: Downloaded on - 09/06/2013 16:54:07 ::: AJN CONF2.10-Kasab 253 judgments in Bhagwan Singh Rana v. State of Haryana, 1976 Cri. L.J. 1379, Keshoram Bora v. The State of Assam, 1978 Cri. L.J. 1089, Dagdu & Ors.

Etc. v. State of Maharashtra, AIR 1977 SC 1579, Shankar @ Gauri Shankar & Ors. v. State of T. N., 1994 SCC (Cri.) 1252, State of Punjab v. Harjagdev Singh, (2010) 2 SCC (Cri.) 170, State of T. N. v.

Kutty @ Lakshmi Narsimhan, 2001 SCC (Cri.) 1177.

104. Mr. Solkar, learned counsel for A1-Kasab, on the other hand, submitted that learned Magistrate has failed to follow the mandatory provisions of Section 164 of the Code. She has not abided by the instructions laid down in the High Court Criminal Manual. He submitted that, if the law provides any procedure, it must be followed. He submitted that the confessional statement is not true and voluntary. Moreover, it is retracted by A1-Kasab as it was obtained by the police under threat and coercion. He submitted that there is no rebuttal of the retraction and, hence, what is stated in the rebuttal must be accepted ::: Downloaded on - 09/06/2013 16:54:07 ::: AJN CONF2.10-Kasab 254 as true. It is pointed out that the confession is recorded in the chamber in breach of the provisions of the High Court Criminal Manual.

105. Mr. Solkar submitted that it was incumbent upon learned Magistrate to ascertain from A1-Kasab as to for how long he was in police custody prior to the recording of his statement. She has not done so. Learned Magistrate has, therefore, not ascertained whether he was under the influence of the police and was forced to make a statement. Mr. Solkar drew our attention to the evidence of PW-607 PI Mahale, who has stated that he last interrogated A1-Kasab in the night between 16/2/2009 and 17/2/2009. Therefore, on 17/2/2009 when A1-Kasab was produced before learned Magistrate he was under the influence of police. Mr. Solkar further submitted that PW-607 PI Mahale has stated that A1-Kasab had first expressed his willingness to make a confessional statement in December, 2008. It was, therefore, necessary to record his statement immediately. Mr. ::: Downloaded on - 09/06/2013 16:54:08 ::: AJN CONF2.10-Kasab 255 Solkar submitted that the delay in recording the confession clearly indicates that the confession was concocted. Mr. Solkar further submitted that services of a lawyer ought to have been made available to A1-Kasab even before 17/2/2009 when he was produced before learned Magistrate because the lawyer would have explained to him the implication of making a judicial confession.

Mr. Solkar submitted that the alleged confession indicates that A1-Kasab was not repentant.

Therefore, it cannot be called a confession. Mr. Solkar further submitted that on 17/2/2009 A1-Kasab was produced before learned Magistrate for the first time. On that day, she is stated to have asked him certain questions as required by the High Court Criminal Manual and Section 164 of the Code. Mr. Solkar contended that learned Magistrate should have asked the same questions again to A1-Kasab when he was produced before her on 18/2/2009 and on 21/2/2009. Failure to do so, has eroded the evidentiary value of the alleged judicial confession.

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106. Mr. Solkar submitted that the prosecution has to first prove its case. Judicial confession can only be used in aid of proved facts. It has to be true and voluntary. He submitted that the judicial confession has to be read as a whole. It must be corroborated in material particulars.

Mr. Solkar submitted that A1-Kasab's alleged judicial confession contains details which are not corroborated by any evidence on record. Therefore, it will have to be rejected in its entirety. In support of his submissions, Mr. Solkar relied on the judgments in State (NCT of Delhi) v. Navjot Sandhu @ Afsan Guru 2005 SCC (Cri.) 1715; Dhananjaya Reddy v. State of Karnataka, (2001) 4 SCC 9; Kehar Singh v. State (Delhi Admin.) AIR 1936 PC 253(2); Mazahar Ali & Anr. v. State 1976 Cri. L.J. 1629; State v. Mitu 1977 Cri. L.J. 1018;

Ganesh Prasad Singh v. State of Orissa 1987 Cri.L.J.

1345 and State of Orissa v. Duleswar Bank, 2008 Cri. L.J. 1065.

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AJN CONF2.10-Kasab 257 DISCUSSION ON CONFESSIONAL STATEMENT OF A1-

KASAB.

107. Before going to the judgments on judicial confession, we must ascertain the facts. On 17/2/2009, A1-Kasab expressed his desire to give judicial confession. On 17/2/2009, he was produced before PW-218 Ms. Sawant-

Waghule for recording his statement under Section 164 of the Code by PW-607 PI Ramesh Mahale.

108. Order dated 17/2/2009 passed by learned Magistrate states that she placed A1-Kasab in the custody of her peon Khandagale, PC Talekar and her personal orderly.

She satisfied herself that there was no policeman in her chamber from where the proceedings could be seen or heard except her peon and her constable who were not concerned with the investigation of the crime and who were necessary to guard A1-Kasab. The order further states that she informed A1-Kasab that he was no longer in police custody and asked him whether he has to make ::: Downloaded on - 09/06/2013 16:54:09 ::: AJN CONF2.10-Kasab 258 any complaint of ill-treatment against the police. He replied in the negative. The order further states that learned Magistrate ensured that nobody had assured A1-

Kasab that by making a confession, he will be free or he will get lesser punishment. Learned Magistrate asked him why he wants to make confession. A1-Kasab stated that he will tell everything when his statement will be recorded in detail. The order further states that therefore, learned Magistrate gave him 24 hours for reflection. He was informed that he was kept in Magisterial custody and not in police custody. He was accordingly remanded to judicial custody. He was directed to be produced before her on 18/2/2009 at 11.00 a.m. On this statement, A1-

Kasab has signed. His thumb impression is also there.

109. Accordingly, on 18/2/2009, A1-Kasab was again produced before PW-218 Ms. Sawant-Waghule. Noting dated 18/2/2009 made by learned Magistrate on Part I of the confessional statement states that she was satisfied that there was no policeman in the chamber or at any ::: Downloaded on - 09/06/2013 16:54:09 ::: AJN CONF2.10-Kasab 259 place from where the proceedings could be heard or seen except her peon Khandagale and her personal orderly from the police who were not concerned with the investigation but who were necessary to guard A1-Kasab.

The noting further states that she asked the details as to the length of time during which he was in police custody and the place where he has been in custody or surveillance of the police. The preliminary questions asked by her are important. She made it known to him that she was a Magistrate and she was not concerned with the police who had arrested him. She told him that he was not in police custody but was in her custody. He understood this. She further asked whether he had any complaint about the police to which he replied in the negative. She asked him his date of arrest. She asked him when and why he felt like making a judicial confession. He answered that he felt like making a confession on the day of arrest and he wants to make confession because he is not sorry for what he has done.

She asked him how he suffered injury. He told her that on ::: Downloaded on - 09/06/2013 16:54:09 ::: AJN CONF2.10-Kasab 260 26/11/2008 he was injured in police firing. He told her that he was making confession of his free will about the attack on Mumbai made by him and his associates on 26/11/2008. She explained to him that he was not bound to make a confession. She told him that the confession can be used against him in a court of law and he can be sentenced for that. He stated that he knew about it. She told him that if he does not give confession, he will not be sent to police custody. He said he understood what she had said. She asked him whether he was forced to make a statement, whether he was given any promise and whether he was given any assurance by the police or anyone else that he will be made approver and acquitted in this case. He replied in the negative. She asked him whether he still wanted to make a statement. He answered in the affirmative. She asked him whether he wants a lawyer to be present at the time of giving statement. He replied in the negative. He stated that he was making confession because he wanted to send a message to others that they should follow him.

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AJN CONF2.10-Kasab 261

110. She then gave him 48 hours' time for reflection, informed him about it and remanded him to judicial custody. She told him that during that period, he will be kept in judicial custody. He signed on this questionnaire.

He also put his thumb impression thereon. On 20/2/2009, he was again produced before PW-218 Ms. Sawant-

    Waghule.     Noting
                          
                           made      by   learned       Magistrate            on

    20/2/2009    shows     that   she     again   asked         the      same
                         

questions to A1-Kasab in order to ascertain whether he wants to give his confession voluntarily. After satisfying herself from his answers that he was ready to give confession voluntarily, she started recording his confession on 20/2/2009. In the noting dated 21/2/2009 made by learned Magistrate at the beginning of Part II of the confession, she has stated that A1-Kasab was produced from judicial custody. She has noted that she satisfied herself that there was no policeman in the court's chamber where the proceedings could be heard or seen, except her typist Mr. Kadam and her court's Head ::: Downloaded on - 09/06/2013 16:54:10 ::: AJN CONF2.10-Kasab 262 Constable Mr. Antu Chavan, who were not concerned with the investigation and who were necessary to guard the accused. Recording of confession was completed on 21/2/2009. Certificate II dated 21/2/2009 issued by learned Magistrate and appended to judicial confession dated 21/2/2009 clearly states that learned Magistrate had explained to A1-Kasab that he was not bound to make confession and that, if he confesses, the confession may be used against him. She has further stated that the confession was taken in her presence and was read out to A1-Kasab and admitted by him to be correct and containing a full and true account of statement made by him. She has further stated that she believed that the confession was voluntarily made. Certificate III issued by her and which is appended to confessional statement dated 21/2/2009 states the grounds on which learned Magistrate felt that the confession was genuine. The grounds stated by her are: (a) she had explained the questions to A1-Kasab and he had given reply to each and every questions freely; (b) where time was required A1-

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AJN CONF2.10-Kasab 263 Kasab asked for time freely without hesitation and then himself explained the events and (c) during the recording of confession, he was calm and stable. Learned Magistrate has noted the precautions taken by her as follows: (a) she informed him that he was no more in police custody and she is not concerned with the police investigation; (b) she had put him in the custody of her court staff during the recording of confession and

(c) she had given him sufficient time for reflection.

She has concluded the certificate by confirming that she had given 72 hours' time for reflection to A1-

Kasab before recording the confession. She has also stated that after the confession, A1-Kasab was remanded to judicial custody. She has also stated that as a precaution, in addition to his signature, she has taken A1-Kasab's right hand thumb impression.

111. We have perused the evidence of PW-218 Ms. Sawant-Waghule and we are of the opinion that learned ::: Downloaded on - 09/06/2013 16:54:11 ::: AJN CONF2.10-Kasab 264 Magistrate has taken adequate care while recording the confessional statement of A1-Kasab. She had given him sufficient time for reflection. Her evidence indicates that except her personal staff, no person from any investigating agency or police officer was in her chamber when the confession was being recorded. Her evidence is in tune with her order dated 17/2/2009, the noting made by her on 18/2/2009, 20/2/2009 and 21/2/2009 and the certificates appended by her to the confessional statements.

112. We have gone through the cross-examination of PW-218 Ms. Sawant-Waghule. The defence has not been able to make any dent in her evidence. The defence has not elicited anything in the cross-examination from which it can be said that she had not followed the provisions of Section 164 of the Code or of the High Court Criminal Manual. She comes across as a very truthful witness. No allegation is made against her that she forced A1-Kasab to give confessional statement. We have no hesitation in ::: Downloaded on - 09/06/2013 16:54:12 ::: AJN CONF2.10-Kasab 265 placing implicit reliance on this witness. We are of the opinion that learned Magistrate has ensured that requirements of Section 164 of the Code are satisfied.

113. PW-607 PI Mahale is the Investigating Officer. This witness completely corroborates PW-218 Ms. Sawant-

Waghule. He has stated that A1-Kasab was produced before learned Chief Metropolitan Magistrate. He has stated that, on 17/2/2009, PW-218 Ms. Sawant-Waghule, learned Additional Chief Metropolitan Magistrate was directed to record the confessional statement of A1-Kasab under Section 164 of the Code and on that day, A1-Kasab was produced before her. He has further stated that A1-

Kasab was then remanded to judicial custody. In the cross-examination, he has reiterated that he had produced A1-Kasab before learned Magistrate on 17/2/2009. He has denied that A1-Kasab was again handed over to the police on 17/2/2009. He has denied that A1-Kasab was compelled to give confessional statement before the Magistrate. This witness has ::: Downloaded on - 09/06/2013 16:54:12 ::: AJN CONF2.10-Kasab 266 corroborated the evidence of PW-218 Ms. Sawant-

Waghule.

114. It is pointed out that this witness has stated that A1-

Kasab was interrogated by him for the first time on 27/11/2008 and it was in the first week of December, 2008 that A1-Kasab was willing to give a confession before the Magistrate. It is argued that, though A1-Kasab expressed his willingness to give confession in the first week of December, 2008, he was not produced immediately for recording his confession, but was produced as late as in February, 2009. PW-607 PI Mahale has given explanation about this delay. He has stated that A1-Kasab could not be produced before learned Magistrate for recording his confession before 17/2/2009 because other part of investigation was in progress. He has stated that entry to that effect has been taken in the case diary.




    115. In        our    opinion,    in     the    peculiar        facts        and




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circumstances of the case, the defence cannot draw any mileage from the time taken to record the confessional statement. The investigation of this case cannot be equated with the investigation of an ordinary criminal case. It was a huge task. The incidents of firing, bomb blasts and rampant killings took place at several places.

Several members of the police force, which included Senior Police Officers were killed. Many of them were seriously injured. The police obviously had to co-ordinate their efforts to get proper direction. In such extraordinary situation, if some time was taken to follow the procedure, obtain necessary orders and record the confession, that cannot be taken against the prosecution. We are not inclined to hold that time was taken by the police because the police wanted to concoct the statement. It is submitted that this witness has stated that the last interrogation of A1-Kasab was done by him during the intervening night of 16/2/2009 and 17/2/2009 and, therefore, he was under police pressure when he showed willingness to make a confession on 17/2/2009 and when ::: Downloaded on - 09/06/2013 16:54:13 ::: AJN CONF2.10-Kasab 268 he made confession pursuant to that. It is not possible to accept this argument. We have already reproduced at length the relevant order and noting of learned Magistrate and the certificates issued by her. The observations made by her and the preliminary questions asked by her indicate that learned Magistrate had ascertained the length of A1-Kasab's police custody. She had satisfied herself that he was voluntarily making the statement.

She gave him sufficient time for reflection. This submission must, therefore, fail.

116. It is argued that sub-rule (1) of Rule 18 of the Criminal Manual was not followed. Sub-rule (1) of Rule 18 of the Criminal Manual states that ordinarily a confession should be recorded in the open court during court hours.

It was argued that in breach of this sub-rule the confessional statement was recorded in chamber of learned Magistrate.

117. In Dhananjaya Reddy, the Supreme Court has ::: Downloaded on - 09/06/2013 16:54:13 ::: AJN CONF2.10-Kasab 269 observed that the function of the Magistrate in recording confession under Section 164 of the Code is a very solemn act which he is obliged to perform by taking due care to ensure that all the requirements of Section 164 are fully satisfied. It is further observed that the Magistrate should not adopt a casual approach. Referring to its judgment in Kehar Singh, the Supreme Court held that the compliance of sub-section (2) of Section 164 of the Code being mandatory and imperative, its non compliance renders the confession inadmissible in evidence. The Supreme Court has emphasized that if a Statute has conferred a power to do an act and has laid down the method in which that power has to be exercised, it necessarily prohibits the doing of the act in any other manner than that which has been prescribed. In this connection, the Supreme Court has referred to its judgment in Nazir Ahmad v. King Emperor, AIR 1936 PC 253 (2). Having perused the evidence of PW-218 Ms. Sawant-Waghule, we are of the opinion, that there is complete compliance with Section 164 of the ::: Downloaded on - 09/06/2013 16:54:14 ::: AJN CONF2.10-Kasab 270 Code while recording the confessional statement of A1-

Kasab.

118. So far as the instructions laid down by this court in the Criminal Manual as regards recording of judicial confession are concerned, the legal provision appears to be different. Rule 18 contains instructions. It begins by saying that the instructions contained therein are issued for the guidance of the Magistrate recording confessions and statements under Section 164 of the Code and they are not intended to fetter discretion given by the law to the Magistrates. It is further clarified that the only object with which they are issued is to indicate generally the manner in which the discretion may be exercised. Thus, these instructions are directory and not mandatory. They are for the guidance of the Magistrates. They do not encroach upon the Magistrates' discretion. So far as the objection to the recording of the statement in the chamber is concerned, it is true that ordinarily, confession has to be recorded in the open court, but in a given set of ::: Downloaded on - 09/06/2013 16:54:14 ::: AJN CONF2.10-Kasab 271 circumstances, the Magistrate may be justified in recording it in her chamber. Looking to the gravity of the offence and the threat perception as regards A1-Kasab, in our opinion, learned Magistrate cannot be faulted for having recorded the confessional statement in her chamber. Exceptional reasons are implicit in the very nature of the instant case. We have gone through the cross-examination of learned Magistrate. No question was asked to learned Magistrate as to why confessional statement was recorded in the chamber. In our opinion, opportunity ought to have been given to learned Magistrate to explain why confessional statement was recorded in the chamber. In the absence of such opportunity being given to her, defence cannot make capital out of this. It was not suggested to learned Magistrate that she was acting at the behest of police.

A1-Kasab has not stated in his statement recorded under Section 313 of the Code that learned Magistrate forced him to make the confession. There is no allegation made against learned Magistrate.

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119. In this connection, we may refer to the judgment of the Calcutta High Court in Abed Ali Jamadar v. State, 1987 (2) Crimes 785. In that case, statement of the accused was recorded in the chamber of the Magistrate.

This was challenged placing reliance on the Supreme Court's judgment in Ram Chandra v. State of Uttar Pradesh, AIR 1957 SC 381. The Calcutta High Court noted that in that case learned Magistrate did not ascertain why the accused was making statement after such a long time and, in the cross-examination, she admitted that she thought it improper to record the confession in court during court hours, being unaware of the standing orders issued by the Government of Uttar Pradesh, the first rule whereof says that confession may ordinarily be recorded in open court and during court hours unless for exceptional reasons, it is not feasible to do so. The Calcutta High Court observed that it is in these circumstances that the recording of confession in jail without adequate reasons was improper. The Calcutta ::: Downloaded on - 09/06/2013 16:54:15 ::: AJN CONF2.10-Kasab 273 High Court made it clear that in Ram Chandra , though the Supreme Court emphasized the desirability of recording confessions in open court as required by the Government Orders, it did not rule that a confession recorded in Magistrate's chamber, if otherwise acceptable, is to be abjured merely because it was not recorded in the open court. Referring to the facts before it, the Calcutta High Court observed that the confession did not suffer from any infirmity whatsoever and, in such a situation, it was not proper to discard it merely on the ground that it was not recorded in open court. We respectfully concur with the Calcutta High Court. In the facts of this case, we are of the opinion that there is sufficient compliance with the guidelines contained in the High Court Criminal Manual as regards recording of judicial confession and learned Magistrate cannot be faulted for recording the confessional statement in the chamber.

120. We must now turn to the question as to how to ::: Downloaded on - 09/06/2013 16:54:15 ::: AJN CONF2.10-Kasab 274 assess evidentiary value of a confession since counsel have addressed us on this issue at great length. It is not necessary to refer to all the judgments which are cited before us on that question because all of them reiterate the same principles. We shall only refer to those cases in which the Supreme Court has crystallized the principles.

It would be appropriate to first refer to Navjot Sandhu @ Afsan Guru.

In this case, the Supreme Court has referred to several of its earlier judgments and stated as under:

"(a) Confessions can be acted upon, if the court is satisfied that they are voluntary and that they are true. The voluntary nature of the confession depends upon whether there was any threat, inducement or promise and its truth is judged in the context of the entire prosecution case. The confession must fit into the proved facts and not run counter to them. When the voluntary character of a confession and its truth is accepted, it is safe to rely on it ....... A court may take into account the retracted confession, but it must look for the reasons for the making of the confession as well as for its retraction, and must weigh the two to determine whether the retraction affects the voluntary nature of the confession or not. If the court is satisfied that it was retracted because of an afterthought or ::: Downloaded on - 09/06/2013 16:54:16 ::: AJN CONF2.10-Kasab 275 advice, the retraction may not weigh with the court, if the general proved facts in the case and the tenor of the confession as made and the circumstances of its making and withdrawal warrant its user. All the same the courts do not act upon the retracted confession without finding assurance from some other sources as to the guilt of the accused. Therefore, it can be stated that a true confession made voluntarily may be acted upon with slight evidence to corroborate it, but a retracted confession requires the general assurance that the ig earlier statement was true ........" (Bharat v. State of U.P. (1971) 3 SCC 950).
"(b) A retracted confession may form the legal basis of a conviction if the court is satisfied that it was true and was voluntarily made. But it has been held that a court shall not base a conviction on such a confession without corroboration. It is not a rule of law, but is only rule of prudence. It cannot even be laid down as an inflexible rule of practice or prudence that under no circumstances can such a conviction be made without corroboration, for a court may, in a particular case, be convinced of the absolute truth of a confession and prepared to act upon it without corroboration; but it may be laid down as a general rule of practice that it is unsafe to rely upon a confession, much less on a retracted confession, unless the court is satisfied that the retracted confession is true and voluntarily made and has been corroborated in material particulars".
(Pyare Lal Bhargava v. State of Rajasthan, AIR 1963 SC 1094) ::: Downloaded on - 09/06/2013 16:54:16 ::: AJN CONF2.10-Kasab 276
(c) In Shankaria v. State of Rajasthan, (1978) 3 SCC 435, the Supreme Court observed that the twin tests to be applied to evaluate a confession are (1) whether confession was perfectly voluntary and (2) if so, whether it is true and trustworthy. The Supreme Court observed that, if the first test is satisfied, the question of satisfying the second test does not arise. As to the evaluation of a confessional statement, the Supreme Court observed as under:
"The Court should carefully examine the confession and compare it with the rest of the evidence, in the light of the surrounding circumstances and probabilities of the case. If on such examination and comparison, the confession appears to be a probable catalogue of events and naturally fits in with the rest of the evidence and the surrounding circumstances, it may be taken to have satisfied the second test."
(d) As regards nature of corroboration required in Parmananda Pegu v. State of Assam, (2004) 7 SCC 779, the Supreme Court observed as under:
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AJN CONF2.10-Kasab 277 "By the use of the expression 'corroboration of material particulars', the Court has not laid down any proposition contrary to what has been clarified in Subramania Goundan case, as regards the extent of corroboration required.
The above expression does not imply that there should be meticulous examination of the entire material particulars. It is enough that there is broad corroboration in conformity with the general trend of the confession, as pointed out in Subramania Goundan case".

121. In Bhagwan Singh Rana, referring to its earlier judgments, the Supreme Court held that it is permissible to believe one part of a confessional statement and to disbelieve another, and that it is enough if the whole of the confession is tendered in evidence so that it may be open to the court to reject the exculpatory part and to take inculpatory part into consideration, if there is other evidence to prove its correctness.

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AJN CONF2.10-Kasab 278

122. In Keshoram Bora, it was submitted before the Supreme Court that it was not open to the court to take the inculpatory part of the judicial confession into consideration and reject the exculpatory part. It was further submitted that an admission can be taken either as a whole or not at all. The Supreme Court rejected this submission and held that it is well settled that where a confession or an admission is separable, there can be no objection to take one part into consideration which appears to be true and reject the other part which is false.

The Supreme Court referred to its decision in Nishikant Jha v. State of Bihar, AIR 1969 SC 422, where it has observed as under:

"In circumstances like these there being enough evidence to reject the exculpatory part of the statement of the appellant in Ex.6 the High Court had acted rightly in accepting the inculpatory part and piecing the same with the other evidence to come to the conclusion that the appellant was the person responsible for the crime."

123. In Shankar @ Gauri Shankar, the accused had ::: Downloaded on - 09/06/2013 16:54:18 ::: AJN CONF2.10-Kasab 279 retracted confessions made by them. The Supreme Court considered the evidence and held that the retracted confessions were amply corroborated on all material aspects by the evidence of witnesses and the prosecution had satisfactorily proved that the retracted confessions were true and voluntary and the same were sufficiently corroborated on all material particulars establishing the guilt of the accused. Thus, reliance can also be placed on a retracted confession, if the prosecution satisfactorily establishes that it is true and voluntary and is corroborated on all material particulars.

124. In Swaran Singh Rattan Singh v. State of Punjab, 1957 Cri. L.J. 1014, it is held that whether or not the confession is voluntary or not would be a question of fact and such a finding should not be interfered with unless it is felt that the impugned finding has been reached without applying the true and relevant legal tests in the matter.

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125. It is necessary to discuss the judgments of Orissa High Court and Jammu & Kashmir High Court cited by Mr. Solkar because the observations made therein are similar.

F. PRINCIPLES AS REGARDS EVIDENTIARY VALUE OF CONFESSIONAL STATEMENT.

126. The principles which can be deduced from the above judgments may be stated:

a) A confession can be acted upon, if the court is satisfied that it is true and voluntary.
b) It must fit into the proved facts and must not run counter to it.
c) The court may take into account the retracted confession, if the court is satisfied that retraction was an afterthought.
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d) A retracted confession may form the legal basis of a conviction, if the court is satisfied that it was true and voluntarily made.
e) It is not the rule of law, but a rule of prudence that a court shall not base a conviction on a retracted confession without corroboration.
f) It cannot, however, be laid down as an inflexible rule of practice or prudence that under no circumstances can such conviction be made without corroboration. In a given case, a court may be convinced of the absolute truth of a confession and prepared to act upon it without corroboration.
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AJN CONF2.10-Kasab 282
g) It is, however, unsafe to rely upon a confession much less a retracted confession, unless the court is satisfied that it is true and voluntarily made and has been corroborated in material particulars.
h) Corroboration in material particulars does not imply that there should be meticulous examination of the entire material particulars. It is enough that there is broad corroboration in conformity with the general trend of the confession.

i) If after examining and comparing the confession with the rest of the evidence, in the light of surrounding circumstances and probabilities of each case, the confession appears to be a probable catalogue of events and it naturally fits in ::: Downloaded on - 09/06/2013 16:54:19 ::: AJN CONF2.10-Kasab 283 with the rest of the evidence and the surrounding circumstances, it can be taken to be true and trustworthy.

j) The whole of the confession should be tendered in the court. It is not the law that it can either be taken as a whole or not at all. It may be open to the court to reject the exculpatory part and take into consideration the inculpatory part.

Where a confession or an admission is separable, there can be no objection to taking one part into consideration which appears to be true and reject the other part which is false.

k) Whether a confession is voluntary or not is a question of fact and such a finding should not be interfered with unless the court is satisfied that it has been reached ::: Downloaded on - 09/06/2013 16:54:19 ::: AJN CONF2.10-Kasab 284 without applying the true and relevant tests in the matter.

127. The upshot of the above discussion is that, we can rely upon the retracted confession, if it is true and voluntary, if it does not run contrary to proved facts and, if we are satisfied that the retraction is an afterthought.

We have to further find out whether the confession is corroborated in material particulars but for that meticulous examination of the entire material is not necessary. We must see whether there is broad corroboration in conformity with the general trend of confession. It is open to us to reject the exculpatory facts and take into consideration inculpatory facts. The findings recorded by the trial court on this issue shall not be disturbed by us, unless we are satisfied that the trial court has not applied relevant tests.

128. Having gone through the evidence of PW-218 Ms. ::: Downloaded on - 09/06/2013 16:54:20 ::: AJN CONF2.10-Kasab 285 Sawant-Waghule and PW-607 PI Mahale and having read the order passed by PW-218 Ms. Sawant-Waghule, the noting made by her and the certificates issued by her, we are of the opinion that the judicial confession of A1-Kasab recorded by PW-218 Ms. Sawant-Waghule is voluntary.

The conclusion of learned Sessions Judge that it is voluntary is recorded after applying the relevant tests.

The same cannot be interfered with by us because it is borne out by the evidence on record. We are also of the opinion that the confession is true and the retraction sent by A1-Kasab is an afterthought. We have no hesitation in coming to the conclusion that the confession naturally fits in with the rest of the evidence and the surrounding circumstances and it appears to be probable catalogue of events. It fits in the proved facts and it does not run counter to them. Proved facts corroborate it in material particulars. The inculpatory part of the same can safely be relied upon and exculpatory part can be rejected. We shall soon deal with the relevant evidence on record to fortify this conclusion of ours.

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129. For ready reference, we reproduce the gist of the confessional statement of A1-Kasab recorded by PW-218 Ms. Sawant Waghule. It reads thus :

G. GIST OF CONFESSIONAL STATEMENT OF A1-KASAB.

130. A1-Kasab was born on 13/9/1987 in Village Faridkot, Taluka Dipalpur, District Okara, Punjab, Pakistan. He left his school in the year 2000. In the year 2001, he came to stay at Lahore along with his father and uncle. His father and uncle left Lahore in the year 2005. He was staying alone in a room on rental basis. He used to visit his village intermittently. However, there was a quarrel between him and his father over his income. He, therefore, left the rental house and started staying at Dargah of Ali Hajveri at Lahore. He came in contact with one Shafiq who got a job for him at Welcome Tent Service, Rawalpindi Road.

While working at Welcome Tent Service, he came in contact with one Mujjafar Lal Khan. Both of them left ::: Downloaded on - 09/06/2013 16:54:20 ::: AJN CONF2.10-Kasab 287 Lahore for Rawalpindi in the year 2007 in search of a better job. They started staying on rental basis at Bangash Colony. During this period they came in contact with the persons belonging LeT. They also started visiting camps of Jamat-Ul-Dawa. LeT came to be known as Jamat-Ul-Dawa after the ban on LeT in the year 2002.

131. In the month of December, 2007 both of them visited office of LeT at Raja Bazar, Rawalpindi. They made their intention to join Jihad clear to the persons of LeT.

They were, therefore, asked to visit the office of LeT next day with their baggage. A1-Kasab and Mujjafar Lal Khan accordingly visited the said office on next day. From there, they were sent to Muridake. After bus journey of six hours, they reached Muridake and visited camp of LeT for Daura-e-Sufa training. Both of them entered the camp after their personal search. They were given training of 21 days along with other trainees. In all, there were thirty trainees. They were converted to Ahale Hadis from Sunni.


    During   the initial   training, they underwent           physical




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training. They also heard discourses on Jihad. During the course of said training, wanted A8-Abu Fahad Ullah and wanted A13-Abu Mufti Saeed were trainers of A1-Kasab, Mujjafar Lal Khan and others. This training went on from December, 2007 to January,2008. During the course of said training, the trainees were introduced to wanted A1-

Hafeez Mohammad Saeed @ Hafiz @ Hafiz Saab, wanted A2-Zaki-Ur-Rehaman ig Lakhvi, wanted A3-Abu Hamza, wanted A4-Abu Al Kama @ Amjid, wanted A6-Mujja Mil @ Yusuf and wanted A18-Abu Umar Saeed. Wanted A1-

Hafeez Mohammad Saeed @ Hafiz @ Hafiz Saab told all the trainees that they had to fight for liberating Kashmir and that time was ripe for Jihad. Wanted A2-Zaki-Ur-

Rehaman Lakhvi told them that their community had been fighting for Kashmir for last fifteen years and that despite continuous fight of fifteen years, Indian Government was not liberating Kashmir and, therefore, they had to fight war to liberate Kashmir. All the trainees agreed to fight a war for Kashmir. Wanted A4-Abu Al Kama @ Amjid told the trainees that most of the big cities of India were on ::: Downloaded on - 09/06/2013 16:54:21 ::: AJN CONF2.10-Kasab 289 the target and that whoever dies in the war will go to heaven. All the trainees expressed their willingness to fight a war and thereafter they were selected for the training known as Daura-e-Aam. This training was to take place at Mansera Markaz Aksa. A1-Kasab and others reached the area of Mansera after twelve hours' bus journey. After their verification, they were allowed entry in the camp. They were taken to the place known as Buttal.

From there, they walked for about thirty minutes to a hilly place.

132. The said training went on for 21 days. During the said training, A1-Kasab and others had to undergo physical exercise, do running and learn mountaineering.

They were also trained in dismantling and assembling firearms like AK-47 rifle (referred to by A1-Kasab as "Klashan" in his confessional statement). They were also trained in firing. During the course of said training of 21 days, elder brother of Mujjafar Lal Khan visited the place and he took away his brother. A1-Kasab then engaged ::: Downloaded on - 09/06/2013 16:54:22 ::: AJN CONF2.10-Kasab 290 himself in the service of senior members of the Organization. During the period when A1-Kasab was serving senior members of the Organization, other persons were undergoing training under the supervision of wanted A9-Abu Abdul Rehman, wanted A10-Abu Anas, wanted A11-Abu Bashir and wanted A15-Yusuf.

Thereafter, the trainer of A1-Kasab, wanted A9-Abu Abdul Rehman had sent A1-Kasab and others to Okara for a training known as Daura-e-Khas. From there, they were sent to Mujjafarabad, which is situated in PoK, where they underwent training. They were to take training in a place known as Markaz Aksa. The training was imparted to them at a hilly area known as Chelabandi. This training went on from May, 2008 to July, 2008 i.e. for about two and half months. During this training, the trainees were trained to be strong Jihadies. They were trained in firing, assembling firearms. They were also trained to use rocket launchers and hand-grenades. Training was imparted to them in respect of satellite phones, GPS and map reading. To make them physically strong, they were ::: Downloaded on - 09/06/2013 16:54:22 ::: AJN CONF2.10-Kasab 291 trained to remain hungry for 60 continuous hours and during this period, they were to climb mountains with heavy load on their back. The said training was very rigorous. Ten Mujaheeds could not sustain the said training and deserted the training camp. This training was imparted by wanted A28-Abu Mavia and wanted A31-Abu Hanjla. During the said training, one unknown person visited the training camp. The said person hugged wanted A1- Hafeez Mohammad Saeed @ Hafiz @ Hafiz Saab and wanted A2-Zaki-Ur-Rehaman Lakhvi. Wanted A28-Abu Mavia and wanted A31-Abu Hanjla saluted the said unknown person. A1-Kasab and others were told that he was Major General Sahab. (This Major General Sahab is shown as wanted A20 in the charge-sheet and the charge). A1-Kasab and others were told that their trainers were deputies of the Major General Sahab. Wanted A20-

Major General Sahab made enquiry with A1-Kasab and others regarding training. He also enquired whether they had any complaint in respect of the training. He was talking to the trainees for about one hour and thereafter ::: Downloaded on - 09/06/2013 16:54:22 ::: AJN CONF2.10-Kasab 292 he left the training camp.

133. After this training, A1-Kasab was given Rs.1300/- by wanted A28-Abu Mavia and was told to visit his village. He was directed that after visiting his village, he had to return to the office of wanted A1-Aamir Hafiz Saeed known as Baitul Mujahidin. A1-Kasab, after visiting his village for about one week, returned to the office of wanted A1-Hafeez Mohammad Saeed @ Hafiz @ Hafiz Saab in the month of July, 2008. He was thereafter taken to selection point near Sewai Nala. There were about 20 to 22 trainees who had taken part in the selection process. Apart from wanted A1-Hafeez Mohammad Saeed @ Hafiz @ Hafiz Saab, wanted A3-Abu Hamza, wanted A6-

Mujja Mil @ Yusuf and wanted A28-Abu Mavia were present at the selection point. Wanted A5-Abu Kaahfa and wanted A4-Abu Al Kama were also present. A CD was played on a laptop to show as to how Fidayeen attack was carried out at Kashmir. The selected persons were given alias names by wanted A1-Hafeez Mohammad Saeed @ ::: Downloaded on - 09/06/2013 16:54:23 ::: AJN CONF2.10-Kasab 293 Hafiz @ Hafiz Saab. Alias name of A1-Kasab was Abu Mujahid. The others who were present at the time of this naming ceremony, were deceased A2-Imran Babar, deceased A3-Nasir, deceased A4-Nazir, deceased A5-Hafiz Arshad, deceased A6-Abdul Rehman Chota and deceased A9-Shoaib. One more trainee from Rawalpindi was also present. His alias name was Abu Dajana. Similar other alias names were given to other trainees also. In all, fifteen selected trainees were sent for Daura-e-Ribat training at Muridake. During the said training, the trainees were trained to collect intelligence, misguide the target, keep watch on the target, chase the target and other tactics. Wanted A5-Abu Kaahfa and wanted A34-

Abu Imran were their trainers during the said training of Daura-e-Ribat. During this training also, Major General Sahab (wanted A20) visited their camp and appreciated the trainees.

134. After this training, they were taken to Karachi.

Thereafter, arrangement for their stay was made in a ::: Downloaded on - 09/06/2013 16:54:23 ::: AJN CONF2.10-Kasab 294 place at Ajijabad Mohalla in Karachi. Thirteen trainees were taken to a creek for marine training. During marine training, they were trained to read maps, to judge depth of sea, use of GPS and they were also trained to spread fish net in the sea. Training for spreading fish net was given to enable them to disguise themselves as fishermen. After marine training, they were again brought to the office of wanted A1-Hafeez Mohammad Saeed @ Hafiz @ Hafiz Saab known as Baitul Mujahid.

After about three days, six of them were sent for Fidayeen attack on Kashmir. However other three i.e. Ismail Khan, Fahad Ullah and Javed were admitted in the group of A1-

Kasab. They were known as Abu Ismail (deceased A1), Abu Fahad Ullah (deceased A7) and Abu Ali (deceased A8). A1-Kasab and others were told that those three persons had also undergone the training like them.

135. On the 13th day of Ramzan, wanted A1 to wanted A6 and wanted A18 called A1-Kasab and other trainees to the office of wanted A1-Hafeez Mohammad Saeed @ Hafiz @ ::: Downloaded on - 09/06/2013 16:54:24 ::: AJN CONF2.10-Kasab 295 Hafiz Saab at Baitul Mujahid. Wanted A1-Hafeez Mohammad Saeed @ Hafiz @ Hafiz Saab addressed all the trainees and told them that time was ripe for Jihad and that they had to take decision as to how and in what manner India should be attacked. Wanted A2-Zaki-Ur-

Rehaman Lakhvi thereafter said that it would be advisable to attack Mumbai because the financial position of India is strong due to Mumbai only. The trainees were also told that since they have taken marine training, they will have to reach Mumbai by sea. In the meantime, wanted A20-

Major General Saheb also reached there and he took test of all the trainees in respect of AK-47 rifle training.

136. A1-Kasab was declared to be the best amongst all and his work was appreciated by wanted A20-Major General Sahab. Thereafter, wanted A5-Abu Kaahfa introduced wanted A7-Zarar Shah to all the trainees and stated that he was Chief of the media wing of LeT.

137. All the ten Mujahids were divided into five pairs ::: Downloaded on - 09/06/2013 16:54:24 ::: AJN CONF2.10-Kasab 296 (baddiya). The five pairs described by A1-Kasab in his confession before the learned Magistrate are as under :

1. A1-Ajmal Kasab- deceased A1-Abu Ismail
2. Deceased A2-Imran Babar and deceased A3-Nasir
3. Deceased A4-Nazir ig Ahemad and deceased A9- Shoaib
4. Deceased A5-Hafiz Arshad @ Hayaji and deceased A8-Javed
5. Deceased A6-Abadul Reheman Chhota and deceased A7-Fahad Ullah.

All the trainees were also told that after sailing from Karachi, they had to hijack one Indian boat and that they had to reach India by the said hijacked boat. They were instructed to attack the places frequently visited by foreigner tourists. They were specifically told that they had to attack VTS Station, Malabar Hill, Hotel Taj, Hotel Leopold, Hotel Oberoi and Nariman House. They ::: Downloaded on - 09/06/2013 16:54:24 ::: AJN CONF2.10-Kasab 297 were specifically told that while carrying out the attack they had to see that they selectively kill Americans, British and Israeli citizens as they had committed lot of atrocities on Muslims. Further instructions were given that while firing at VTS they should carefully ascertain as to how many Muslims are in the crowd. However, they had to fire without any discrimination at VTS but as far as hotels were concerned, they had to take care that no Muslim was killed. The deceased accused were instructed to attack Hotel Taj and Hotel Oberoi and were also told that they should cause large scale damage to the hotels by setting fire at various places. Instructions were also issued for installation of RDX bombs at various places. It was decided that the attack would be carried out around 7.30 p.m. so that large number of people could be killed during the peak hours.

138. It was decided that A1-Kasab and deceased A1-Abu Ismail would fire indiscriminately at VTS and kill passengers on a large scale and, thereafter, they would ::: Downloaded on - 09/06/2013 16:54:25 ::: AJN CONF2.10-Kasab 298 proceed to Malabar Hill and again start firing at Malabar Hill. Deceased A5-Hafiz Arshad and deceased A8-Javed were directed to go to Hotel Taj. Deceased A6-Abadul Rehman Chhota and deceased A7-Fahad Ullah were to attack Hotel Oberoi. Deceased A2-Imran Babar and deceased A3-Nasir @ Abu Umar were to attack Nariman House and deceased A4-Nazir @ Abu Umer and deceased A9-Shoaib were to attack Hotel Leopold and, thereafter, they had to join their associates at Hotel Taj. A1-Kasab was to install a RDX bomb below taxi driver's seat while proceeding to VTS and deceased A4-Nazir was to install RDX bomb below taxi driver's seat while proceeding to Hotel Leopold. Similarly, deceased A8-Javed was to install a bomb below taxi driver's seat while proceeding to Hotel Taj. It was decided that RDX bombs would be planted near the places of attack.

139. It was further decided that the pairs of deceased accused who would be attacking Nariman House, Hotel Oberoi and Hotel Taj would establish contact with media ::: Downloaded on - 09/06/2013 16:54:26 ::: AJN CONF2.10-Kasab 299 and would falsely declare that they had kept some persons as hostages and they would challenge the Government of India to liberate Kashmir. They would misguide the media that they were Indian Muslims and they would further disclose higher number of terrorists to provoke terror amongst the people. Thereafter, some CDs were played on laptop by the wanted A7-Zarar Shah and the maps were shown to A1-Kasab and deceased A1 to A9. A1-Kasab was specifically shown the places like VTS, Malabar Hill and roads leading to VTS and Malabar Hill.

They were also shown few sketch maps and were told that these maps were prepared by one Sabauddin Ahmed Shaikh and Fahim Ansari of Indian origin, who are in custody in connection with an incident of firing at Rampur Police Camp. Wanted A5- Kaahfa had specifically shown a road from Badhwar Park to VTS and, thereafter, from VTS to Malabar Hill and had also told the accused as to how much time it would take to reach Malabar Hill. On 15th day of Ramzan, they were taken to Hilly area of Mujjafarabad and they were again imparted ::: Downloaded on - 09/06/2013 16:54:26 ::: AJN CONF2.10-Kasab 300 training of firing and they were asked to practice the same. They were also trained to prepare tiffin bomb and install timer on the same. On the same night, they returned to the head office of LeT i.e. Baitul Mujahid.

They were directed to cut their hair and get their beard shaved. New clothes, shoes and socks were purchased for all of them. They were also given watches in which Indian time was set. Photographs of A1-Kasab and of deceased A1 to A9 were taken. Identity cards were given to A1-

Kasab and deceased A1 to A9 with Indian names purportedly issued by Arunodaya Degree College, Bangalore. The identity card given to A1-Kasab was issued in the name of Samir Chaudhary. Identity card given to deceased A1-Abu Ismail was issued in the name of Naresh Verma. Similarly, the identity cards of other deceased accused were also issued in Hindu names. The accused were also told to tie sacred threads around their wrist before landing at Badhawar Park. They were also trained to dismantle and assemble the speed boat. They were also instructed as to how the sea valve of the boat could ::: Downloaded on - 09/06/2013 16:54:27 ::: AJN CONF2.10-Kasab 301 be removed. The training in respect of latitude and longitude was also given to them.

140. On the 20th day of Ramzan, wanted A2-Zaki-Ur-

Rehaman Lakhvi visited the place where A1-Kasab and deceased A1 to A9 were temporarily accommodated before they could proceed to attack India and had told them that the plan had been kept in abeyance for sometime. Since they could not proceed according to the schedule, they had to celebrate Ramzan Id in the same house at Ajijabad Mohalla in Karachi. During this period, they were trained to install bomb below driver's seat in a running taxi.

141. On 21/11/2008, A1-Kasab and deceased A1 to A9 were brought to another house situated near a creek.

Wanted A2-Zaki-Ur-Rehman, wanted A7-Zarar Shah, wanted A3-Abu Hamza, wanted A5-Abu Kaahfa, Nasir and Nazir Ahmed were already present in the said house.

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AJN CONF2.10-Kasab 302 Deceased A1-Abu Ismail was named as Chief of the Mission. Arms and ammunition were given to deceased A1-Abu Ismail. Deceased A1-Abu Ismail was also told as to how the arms and ammunition were to be distributed amongst the ten accused including deceased A1-Abu Ismail himself. A1-Kasab and deceased A1-Abu Ismail were given Rs.10,800/- which they equally shared.

Similar amount was given to other accused also. Wanted A7-Zarar Shah had given one mobile phone to each of the accused. The accused were told that Indian SIM cards had been installed in all the mobile phones and that they would start functioning as soon as they enter Mumbai waters. They were instructed to start mobile phone only after reaching Mumbai. A1-Kasab and others were also told by wanted A2-Zaki-Ur-Rehaman Lakhvi that wanted A7-Zarar Shah had fed one number in the mobile phone and that if A1-Kasab and the nine deceased accused wanted to contact their handlers or co-conspirators, they would be required to press the green button.

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142. Deceased A1-Abu Ismail was given certain phone numbers by wanted A2-Zaki-Ur-Rehaman Lakhvi and he was also given one satellite phone. The details of latitude and longitude were also written down by deceased A1-Abu Ismail in one diary. Wanted A2-Zaki-Ur-Rehaman Lakhvi thereafter left the said place. Deceased A1-Abu Ismail thereafter distributed the arms and ammunition amongst the ten accused including he himself in the following manner. Each of the accused was given:- one AK-47 rifle, eight magazines, 240 rounds, 8 hand-grenades, one bayonet , one pistol, three pistol magazines, 21 pistol rounds, water bottle, one kg. of raisin, one head phone, three 9 volt batteries and charger. Each one of them was given a separate sack containing RDX bomb of eight kg.

which looked like a tiffin box. Each pair of the accused was given one GPS. Thereafter, all the accused had installed two loaded magazines on their respective AK-47 rifle. Two magazines were attached together by means of adhesive tape. They had also loaded their pistols with seven rounds each. Each one of them was given one big ::: Downloaded on - 09/06/2013 16:54:28 ::: AJN CONF2.10-Kasab 304 haversack to put their arms and ammunition. The haversacks containing arms and ammunition and small sack containing RDX bomb each were kept in the vehicle of LeT. Deceased A1-Abu Ismail asked them to keep in the pocket their identity cards bearing Hindu names.

143. On 22/11/2008 at about 6.00 a.m., all the accused proceeded to the creek after offering Namaz. Wanted A2-

Zaki-Ur-Rehman told them that wanted A1-Hafeez Mohammad Saeed had taken lot of pains on this mission and that this mission was necessarily to be a successful mission. He told them that there should not be any omissions or frustration of the plan which would make wanted A1-Hafeez Mohammad Saeed feel ashamed. The accused were told that it was their responsibility to see that the mission should be a great success. They were also told that electronic mail would be sent to challenge the Indian Government. At this stage, the maps prepared by A3-Sabauddin and A2-Fahim Ansari were handed over to each pair. The sketch map containing road maps of ::: Downloaded on - 09/06/2013 16:54:28 ::: AJN CONF2.10-Kasab 305 VST and Malabar Hill was kept by deceased A1-Abu Ismail with him. All of them were told that they had to tear off the maps after reaching their destination. Deceased A1-

Abu Ismail was told that before leaving Indian boat proposed to be hijacked by them, they should remove the sea valve of the said boat so that it would sink in the sea.

At about 9.00 p.m. they boarded a ship known as Al-

Husaini. There were seven persons in the ship including wanted A16-Mursheed, wanted A17-Aakib and wanted A19-Usman. All of them belonged to LeT. Wanted A16-

Mursheed had handed over haversacks containing arms and ammunition and the sack containing bomb to each of the accused. Deceased A1-Abu Ismail was also given charge of one speed boat, life saving jackets, blankets, ration like rice, flour, oil, pickle, milk powder, match box, detergent powder, tissue papers, cold drinks, dental cream, spray paint, towels, shaving kit, tooth brush etc. On the night of 22/11/2008, all the accused and other seven persons were on Al-Husaini boat. On 23/11/2008 at about 12.00 noon, the boat sailed for about half an hour ::: Downloaded on - 09/06/2013 16:54:28 ::: AJN CONF2.10-Kasab 306 and thereafter they had spotted an India boat called Kuber which was hijacked by wanted A17-Aakib and wanted A19-Usman. There were five crew members on the boat Kuber. Four of them were forcibly transferred to Al-Husaini and the navigator of the boat Amarchand Solanki was allowed to remain on Boat Kuber. He was kept there to assist the accused in navigating the boat to Indian waters. The diesel containers of Al-Husaini were also transferred to boat Kuber. The four persons who were transferred to boat Al-Husaini were kept hostages there. The articles meant for A1-Kasab and deceased A1 to A9 including their arms and ammunition were transferred to boat Kuber.

144. In accordance with their plan, journey of these ten terrorists started towards Indian waters. During the course of their journey, they were keeping watch on the situation. Duties were assigned to each of the accused so that they could alternatively keep watch and also take rest. They tied hands and legs of the navigator and only ::: Downloaded on - 09/06/2013 16:54:29 ::: AJN CONF2.10-Kasab 307 took his assistance in navigating the boat. The boat was being navigated by deceased A1-Abu Ismail and deceased A8-Javed. A1-Kasab and deceased A1 to A9 had maintained contacts with wanted A3-Abu Hamza through satellite phone. The navigator was being given food intermittently because they wanted his help to reach Mumbai.

145. On 26/11/2008 at about 11.00 a.m. deceased A1-Abu Ismail gave red and pink threads to all the accused to tie on their wrists. The boat reached near Mumbai waters around 4.00 p.m. A1-Kasab and deceased A1 to A9 could see tall buildings of Mumbai. A1-Kasab asked wanted A3-

Abu Hamza as to what was to be done with the navigator of M.V. Kuber. Wanted A3-Abu Hamza laughed and told him "do what you want". A1-Kasab then advised deceased A1-Abu Ismail that the best option available to them was to eliminate the navigator. Accordingly, A1-Kasab with the help of deceased A9-Shoaib and deceased A3-Nasir cut throat of Amarchand Solanki in the engine room. In ::: Downloaded on - 09/06/2013 16:54:29 ::: AJN CONF2.10-Kasab 308 the meantime, other accused started inflating the inflatable boat and the said boat was brought down in the sea after assembling the same. They changed their clothes which were purchased for them from Karachi market. They had also put on life saving jackets and water proof trousers. Their old and used clothes were left in the boat Kuber. All the haversacks containing arms and ammunition and sacks containing bombs were also transferred to the speed boat (inflatable boat). In the meantime, they had seen one boat approaching their boat from opposite direction. A1-Kasab suspected it to be a naval boat and, therefore, they immediately left boat Kuber and jumped into inflatable boat and started their journey towards Mumbai. In this process, deceased A1-

Abu Ismail forgot to remove the sea valve of boat Kuber.

He also forgot his satellite phone on boat Kuber. After navigating for about one and half hour, the speed boat was brought to the seashore. A1-Kasab and deceased A1-

Abu Ismail got out of the boat with their haversacks and the sacks containing bombs. They removed their life ::: Downloaded on - 09/06/2013 16:54:29 ::: AJN CONF2.10-Kasab 309 saving jackets and water proof trousers and put on shoes.

The other accused also got down from the boat.

146. While A1-Kasab and deceased A1-Abu Ismail were proceeding towards the road, they were confronted by one of the persons to find out reason for their presence near seashore at odd hours.

ig A1-Kasab told the said person that they were students. There was minor verbal quarrel between him on one hand and the said person on the other hand. Thereafter, A1-Kasab and deceased A1-

Abu Ismail proceeded towards the road and hired a taxi.

They reached VTS within 15 to 20 minutes. Before reaching VTS, A1-Kasab had installed a RDX bomb below the driver's seat. He had adjusted the timer in such a manner that the bomb would explode only after one hour and fifteen minutes. After entering VTS, A1-Kasab was not satisfied with the crowd in the Station. He thought it was lesser then what was shown to him when the CD was played before him by wanted A7-Zarar Shah. Deceased A1-Abu Ismail therefore, tried to contact wanted A3-Abu ::: Downloaded on - 09/06/2013 16:54:30 ::: AJN CONF2.10-Kasab 310 Hamza but could not contact him because of lack of network. Deceased A1-Abu Ismail also could not contact anybody from his phone. Both the phones were kept with him by deceased A1-Abu Ismail. Thereafter, they proceeded further inside the VTS. According to the plan, deceased A1-Abu Ismail had installed timer on a bomb carried by him. This work of installation of batteries and timer was done by deceased A1-Abu Ismail near the public toilet. After installation of timer and battery the bomb was kept in luggage of the passengers. It is, at this point of time that deceased A1-Abu Ismail and A1-Kasab decided to open fire.

147. First of all, deceased A1-Abu Ismail had thrown one hand grenade on the passengers and thereafter both of them started firing from their AK-47 rifles indiscriminately.

After sometime, one more hand-grenade was thrown by deceased A1-Abu Ismail and both of them again continued to fire and, killed large number of persons at VTS. The people who were injured and who had not sustained any ::: Downloaded on - 09/06/2013 16:54:30 ::: AJN CONF2.10-Kasab 311 injuries started running out of VTS due to fear. In the meantime, police started firing at the accused, however A1-Kasab and deceased A1-Abu Ismail retaliated. Some of the policemen were killed by them and, thereafter, both of them came out of VTS from a bridge (foot over bridge).

A1-Kasab had emptied about six magazines at VTS. As soon as they landed in one of the lanes from the said bridge, they had attempted to open the door of one of the cars as they had seen many cars parked in the said lane.

They could not open the door of any car and, therefore, they proceeded further in the said lane and started firing.

In the meantime, police had also reached and they started firing at them. They therefore thought that they should enter the adjoining building and fire at the police from the terrace of the building. They thought that they would be able to eliminate the police officers by throwing hand grenades and firing at them by AK-47 rifles. Thereafter, they entered the building by jumping over the main gate.

The police followed them. There was exchange of fire between the police and A1-Kasab and deceased A1-Abu ::: Downloaded on - 09/06/2013 16:54:31 ::: AJN CONF2.10-Kasab 312 Ismail in the said building. A1-Kasab and deceased A1-

Abu Ismail could succeed in killing some police officers who had followed them. After killing the police officers they came down from terrace. At that time, they came to know that the building was a hospital. They could hear the cries of some women and children in the rooms. A1-

Kasab and deceased A1-Abu Ismail therefore decided to enter the rooms and kill some of the women and children.

However, they could not succeed as all the rooms were found closed from inside. Since they could not enter any of the rooms, they came out of the hospital to go to their last target. While they were outside the hospital and were taking position near the wall, they saw one policeman on the road. A1-Kasab killed the said policeman and, in the meantime, they also saw one car with red beacon coming out of the said lane. A1-Kasab and deceased A1-Abu Ismail started firing at the said vehicle. Deceased A1-Abu Ismail threw one hand grenade on the said vehicle.

However, when they tried to open the said vehicle, they found that the driver was dead and the car was locked ::: Downloaded on - 09/06/2013 16:54:31 ::: AJN CONF2.10-Kasab 313 from inside. Still they tried to open the doors of the car but could not succeed.

148. In the meantime, one car with amber light was seen approaching them from the said lane. A1-Kasab and deceased A1-Abu Ismail, therefore, immediately took shelter behind the bushes on the footpath. As soon as the said vehicle came near the bushes, A1-Kasab and deceased A1-Abu Ismail started firing at the vehicle.

There was cross-firing from the vehicle also. A1-Kasab sustained injuries on his both the hands due to firing from the said vehicle. After sometime, there was no firing from the said vehicle. A1-Kasab and deceased A1-Abu Ismail therefore went near the said vehicle and found that there were policemen in the said vehicle and that they were dead. Both of them tried to open rear door of the vehicle but could not succeed. Deceased A1-Abu Ismail opened the door from the driver's side and A1-Kasab opened the left front door. The dead bodies of three police officers were taken out of the vehicle and were thrown on the ::: Downloaded on - 09/06/2013 16:54:32 ::: AJN CONF2.10-Kasab 314 road. Deceased A1-Abu Ismail picked up one AK-47 rifle which was lying in the said vehicle and left his rifle in the vehicle as he had already exhausted magazines attached to his AK-47 rifle. Deceased A1-Abu Ismail occupied driver's seat and A1-Kasab occupied front left seat. Both of them thereafter left the said lane in the said police vehicle. (This police vehicle is referred to as police Qualis vehicle in the evidence of witnesses).

149. While they were proceeding further in the said vehicle, they saw that there was a large number of policemen and public at one square (junction). Deceased A1-Abu Ismail fired at the police and the public while driving the vehicle. In the meantime, left tyre of the said police vehicle got punctured. Despite that, deceased A1-

Abu Ismail continued to accelerate speed of the vehicle.

After sometime, one car was spotted by them. A1-Kasab fired in the air. Therefore, the said car was stopped. The driver of the said car was forcibly pulled out from the car.

Two other passengers had also left the car. Deceased A1-

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AJN CONF2.10-Kasab 315 Abu Ismail occupied the driver's seat and A1-Kasab occupied the front left seat of the car.

150. A1-Kasab asked Deceased A1-Abu Ismail as to where they were to go. Deceased A1-Abu Ismail replied that they were to go to Malabar Hill. A1-Kasab inquired from deceased A1-Abu Ismail as to exactly which place they had to go at Malabar Hill. Deceased A1-Abu Ismail told him that he would come to know that only after reaching Malabar Hill. They could not reach Malabar Hill as they were intercepted by police at a road adjoining sea (Marine Drive). It was impossible to drag or dislodge the barricades installed by the police on the road by the car.

Deceased A1-Abu Ismail kept headlights own and also started wipers and water spray and tried to take 'U' turn from the place little earlier from the barricades. However, he could not take 'U' turn. The car hit the road divider and came to a stand still. Since the police approached the car, both of them raised their hands to pretend that they had surrendered. Despite that, police continued to reach ::: Downloaded on - 09/06/2013 16:54:33 ::: AJN CONF2.10-Kasab 316 near the car. Deceased A1-Abu Ismail tried to pick up AK-47 rifle kept in his leg space but he could not do so.

He, therefore, started firing at the police with his pistol.

A1-Kasab also, sensing danger, opened left door and picked up his AK-47 rifle. The police tried to snatch away his rifle. There was a scuffle between A1-Kasab and the police. During the scuffle A1-Kasab pulled trigger of his rifle. The bullet hit the police officer who had held his AK-47 rifle. Due to the bullet injury, the police officer collapsed on the road. Immediately thereafter, he was assaulted by the policemen with sticks. He was disarmed and was apprehended. He saw that deceased A1-Abu Ismail was injured and he was also apprehended by the police. They were then taken to the hospital in an ambulance. Deceased A1-Abu Ismail was declared dead.

A1-Kasab was admitted for treatment. He was interrogated by the police. He disclosed his name, address and other details to the police. He also disclosed to the police as to how he reached Mumbai along with his other associates.

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AJN CONF2.10-Kasab 317

151. Before we turn to the evidence, we will have to deal with the plea of guilt of A1-Kasab.

H. GIST OF PLEA OF GUILTY OF A1-KASAB.

152. On 6/5/2009, Charge (Ex-50) was explained to the accused. All the accused pleaded not guilty to the charge and claimed to be tried. Their pleas came to be recorded at Ex-51, Ex-52 and Ex-53 respectively. Additional Charge was framed against the accused. That was also explained to the accused. All the accused pleaded not guilty to the same. Their pleas were recorded at Ex-51-A, Ex-52-A and Ex-53-A.

153. After the evidence of 134 witnesses was recorded on 20/7/2009, A1-Kasab told the court that he wants to have conference with his lawyer Mr. Kazmi. After conferring with his lawyer for about 30 minutes, A1-Kasab informed the court that he wants to plead guilty and that he wants ::: Downloaded on - 09/06/2013 16:54:33 ::: AJN CONF2.10-Kasab 318 to make a statement. Objection was raised by the prosecution that his plea was recorded under Section 299 of the Code when the Charge was explained and that stage having gone his plea cannot be recorded now.

Subsequently, however, the prosecution conceded that the accused could plead guilty at any subsequent stage of the trial. It is, therefore, not necessary to dwell on this issue any further, particularly in view of the observation of the Supreme Court in State of Maharashtra through CBI v. Sukhdev Singh @ Sukha & Ors., 1992 Cr. L.J.

3454(i) that nothing prevents the accused from pleading guilty at any subsequent stage.

154. Learned Sessions Judge, therefore, recorded the statement of A1-Kasab on 20/7/2009 and his additional statement on 21/7/2009 in which he partly pleaded guilty.

They are at Ex-531 and Ex-531-A respectively. It would be appropriate, at this stage, to reproduce the gist of admissions made by A1-Kasab in his statements containing plea of guilty recorded by the trial court.

::: Downloaded on - 09/06/2013 16:54:34 :::

AJN CONF2.10-Kasab 319 "1. There were in all ten persons including A1-Kasab;

2. Wanted A3-Abu Hamza, wanted A5-Abu Kaahfa, wanted A2-Zaki-Ur-Rehman had come to see them off at Karachi.

3. A1-Kasab knew names of nine deceased accused.

4. A1-Kasab gave details as to how he and others travelled upto Al Husaini and as to how they hijacked boat Kuber.

5. A1-Kasab stated that there were seven persons on Al Husaini boat. He disclosed names of three of them as wanted A16-Murshad, wanted A17-Aakib and wanted A19-Usman and stated that ::: Downloaded on - 09/06/2013 16:54:34 ::: AJN CONF2.10-Kasab 320 wanted A16-Murshad was the boss.

6. A1-Kasab admitted to have hijacked boat Kuber and further admitted that the articles were transferred from Al-

Husaini to boat Kuber.

7. A1-Kasab also referred to inflatable boat and other articles.

8. He mentioned that there were five persons on boat Kuber; that Amarchand Solanki was the navigator and that four of them were transferred to Al Husaini.

9. A1-Kasab admitted that there were ten persons including him and the 11th person was the navigator Amarchand Solanki.

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AJN CONF2.10-Kasab 321

10. A1-Kasab further stated that deceased A1-Abu Ismail was navigating Kuber boat with the assistance of Amarchand Solanki by using GPS.

11. A1-Kasab admitted that they had been keeping watch around the boat alternatively.

12. A1-Kasab admitted killing of Amarchand Solanki. A1-Kasab, however, did not admit that deceased Amarchand was killed by him. He stated that he had seen deceased A4-Abu Umer holding a rope and deceased A9-Sohaib holding a knife indicating thereby that deceased A9-Sohaib had killed the navigator.

13. A1-Kasab admitted that each of the ten bags contained one AK-47 rifle, one ::: Downloaded on - 09/06/2013 16:54:35 ::: AJN CONF2.10-Kasab 322 pistol and eight hand-grenades. He admitted the prosecution story regarding bombs. He admitted that there was one mobile set of Nokia make in each of the bags. He further admitted that hand grenades were made in China and they were of different shapes.

14. A1-Kasab admitted that there were five pairs of the accused and each pair was carrying one GPS. He admitted that he and deceased A1-Abu Ismail had travelled to CST in a taxi. He did not admit that he had planted bomb below the driver's seat in the taxi.

15. A1-Kasab admitted that deceased A1-

Abu Ismail had thrown hand grenades in the first instance at CST and that both of them had fired at the passengers. He ::: Downloaded on - 09/06/2013 16:54:35 ::: AJN CONF2.10-Kasab 323 also admitted that after firing in the main hall they had proceeded to the second hall. He admitted the encounter between deceased A1-Abu Ismail and the police at CST. He admitted that there was exchange of fire between the police and him.

16. A1-Kasab has admitted their entry in B.

T. Road. He admitted that the pictures shown in the court when the first CD was played in the court are the correct record.

17. A1-Kasab further admitted the firing at the B.T. Road and his entry in the Cama Hospital along with deceased A1-Abu Ismail.

18. A1-Kasab also admitted the evidence ::: Downloaded on - 09/06/2013 16:54:36 ::: AJN CONF2.10-Kasab 324 given by the witnesses regarding their confinement in the bathroom.

19. He further admitted that there was a person who was reluctant to cooperate with the accused and he was injured.

He admitted that he had seen the said person in a pool of blood. He stated that the said person has been examined as a witness in the court. It may be noted here that the said person is PW-106 Harishchandra Shrivardhankar.

20. He further admitted their entry on the terrace of a building and encounter with the police when the police arrived on the 6th floor. After sometime they left Cama Hospital.

21. He admitted the incident at B. T. Road ::: Downloaded on - 09/06/2013 16:54:36 ::: AJN CONF2.10-Kasab 325 involving two vehicles including one vehicle of police officers.

22. He admitted having taken away police vehicle after removing deceased police officers from the said vehicle. He further admitted having robbed Skoda vehicle.

The incident narrated by the witness Sharan Arasa (PW-144) regarding the key of the car has also been admitted by A1-Kasab in his statement. He admitted their interception by the police.

23. He admitted that deceased A1-Abu Ismail had tried to take "U" turn when they were intercepted by the police. He admitted that they were taken to the hospital.

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AJN CONF2.10-Kasab 326

24. He admitted that he was staying with Mujjafar Lal Khan at Rawalpindi and that he and Mujjafar Lal Khan had gone to the office of Mujahideen.

25. He admitted his training at Muridake and Mansera.

26. He admitted his visit to village Buttal for training. He named three trainers i.e., wanted A10-Abu Anas, wanted A11-Abu Bashir and wanted A9-Abdul Rehman.

27. He admitted that he had taken training at Mujjafarabad in Azad Kashmir. He admitted to have gone to Sawai Nala.

28. After completion of training he was allowed to go to his native place at Faridkot and was directed to return to ::: Downloaded on - 09/06/2013 16:54:37 ::: AJN CONF2.10-Kasab 327 the office of Sayyad Bhai.

29. He admitted that after about ten days of his return, Sayyad Bhai and wanted A3-

Abu Hamja had visited the office for selection of 15 boys. Their selection was done at a selection point. In the evening, they were again brought to the office of Sayyad Bhai.

30. A1-Kasab also admitted to have taken marine training at Karachi seashore. He admitted that he and other trainees were trained to spread fish net in the sea.

31. A1-Kasab also admitted to have seen some movies and pictures of CST on a laptop of wanted A3-Abu Hamza. He admitted that the scheduled programme ::: Downloaded on - 09/06/2013 16:54:38 ::: AJN CONF2.10-Kasab 328 of attack was delayed and that they were informed accordingly. He further admitted that arms and ammunition were given to them to put the same in their bags and those bags were transported to the seashore in a separate vehicle. Later on, the arms and ammunition were transferred to boat Al-

Husaini before A1-Kasab and others reached there.

I. DISCUSSION ON PLEA OF GUILTY OF A1-KASAB.

A question arose before learned Sessions Judge whether A1-Kasab could be convicted of all the charges framed against him on the basis of plea of guilty.

Objection was raised by the prosecution that A1-Kasab's plea be rejected and it should not and could not be made a part of the record because it cannot be considered for any purpose.

155. Order dated 23/7/2009, passed by the learned ::: Downloaded on - 09/06/2013 16:54:38 ::: AJN CONF2.10-Kasab 329 Sessions Judge on the statement of A1-Kasab recorded on 20/7/2009 and 22/7/2009 indicates that in the light of this court's judgment in Abdul Kadar Allarakhia v.

Emporor, AIR 1934 Bombay 345, learned Sessions Judge recorded the said statements in detail and directed that the said statements i.e. the plea shall form part of the record. Learned Sessions Judge was satisfied that the plea of guilty was voluntary. Learned Sessions Judge recorded that A1-Kasab himself told him that his statement was voluntary and that he was not influenced by any extraneous things. He also informed the court that he was not mentally or physically tortured in jail custody.

Learned Sessions Judge observed that admissions can be proved against the accused under Section 21 of the Indian Evidence Act. He further observed that A1-Kasab has partially admitted the guilt, he has not admitted all the charges and, therefore, it was not possible to accept the plea of guilty and convict him, however, it can be used against A1-Kasab in view of Section 21 of the Indian Evidence Act. Learned Sessions Judge has while coming ::: Downloaded on - 09/06/2013 16:54:38 ::: AJN CONF2.10-Kasab 330 to the conclusion that statement made by A1-Kasab is voluntarily made, made certain pertinent observations about the demeanour of A1-Kasab. He observed that while making the statement, A1-Kasab was not under any pressure. He was absolutely comfortable and he voluntarily made the statement. Learned Sessions Judge observed that A1-Kasab quite intelligently and schemingly avoided certain portions to be mentioned in his plea. He further observed that the cell of A1-Kasab is near the court and is manned by security officials of the jail and, therefore, there was no occasion for police officers to bring pressure on him.

156. Thus, the trial proceeded further. After the prosecution witnesses were examined and before A1-

Kasab was called on for his defence, he was examined under Section 313(b) of the Code. He denied all the admissions of guilt made by him and stated that he was under police pressure. Learned Sessions Judge did not accept the case of police pressure pleaded by A1-Kasab ::: Downloaded on - 09/06/2013 16:54:39 ::: AJN CONF2.10-Kasab 331 because A1-Kasab had not explained as to how and where the police had exerted pressure upon him to admit certain parts of alleged offences. Learned Sessions Judge referred to his order dated 23/7/2009 and reiterated the reasons given by him. In addition to that he added that cell of A1-Kasab is situated a few meters away from the court room and is manned by security officials of jail and as such there was no occasion for the police to bring pressure on him. It is further observed that A1-Kasab was never allowed to meet anybody while being brought to the court and during journey to jail and, therefore, his statement that police pressure was exerted on him is totally unacceptable. Learned Sessions Judge in the circumstances used the plea as a corroborative piece of evidence.

J. OBJECTION TO THE USE OF PLEA OF GUILTY AS CORROBORATIVE PIECE OF EVIDENCE.

157. Mr. Solkar, learned counsel for A1-Kasab submitted that learned Sessions Judge was right in making the plea a part of record. He submitted that learned Sessions Judge was also right in not accepting the plea as it was partial ::: Downloaded on - 09/06/2013 16:54:40 ::: AJN CONF2.10-Kasab 332 admission of guilt. Mr. Solkar further submitted that learned Sessions Judge was right in not examining A1-

Kasab at the stage under Section 313 (a) of the Code. Mr. Solkar submitted that learned Sessions Judge, however, erred in using the plea against A1-Kasab as a corroborative piece of evidence. He submitted that plea was made after 136 witnesses were examined. The evidence indicates that A1-Kasab conferred with his counsel only for a short while. The plea of guilty is, therefore, not true and voluntary. It was made without understanding the implication thereof. Mr. Solkar further submitted that A1-Kasab has subsequently retracted the plea. Therefore, the plea could not have been relied upon for any purpose. Mr. Solkar further submitted that the plea is like a confession made by A1-Kasab. He submitted that there is a great variance between A1-Kasab's confession recorded under Section 164 of the Code and the plea and, therefore, neither the judicial confession nor the plea can be relied upon.

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AJN CONF2.10-Kasab 333

158. In Abdul Kadar Allarakhia , this court has observed that, if the accused makes a statement that he is guilty of the offence charged, before the question of its acceptance by the court can arise, the court must ordinarily be satisfied that the statement has been made with full understanding of the plea and of the implications of the plea. This court has further observed that it is desirable to record a complete statement of the accused to find out what he exactly means by pleading guilty. This court has further observed that a plea made by the accused before the judge at the commencement of the sessions case cannot stand in a worse position than a confession made by the accused himself before a Magistrate under Section 164 of the Code, or a statement made by the accused admitting his guilt to the court of the committing Magistrate. This court has further observed that such a plea could not be effaced from the record and in reality forms part of the record. The following observations of this court need to be quoted.

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AJN CONF2.10-Kasab 334 "Where, therefore, the accused pleads guilty, and the Judge is satisfied that the accused understands fully the implications of his plea, then the plea must be recorded.

After recording the plea, it is open to the Judge either to convict or not to convict the accused upon that plea, and as a matter of practice it is desirable to proceed with the trial as if the plea was one of not guilty, lest the evidence may disclose that the facts proved do not, in law, constitute an offence of murder but some lesser offence. But in such cases, the plea remains a plea of guilt, and the trial proceeds for the purpose of ascertaining the circumstances which had resulted in the death and to find out whether the accused can, in law, be said to have committed murder."

In view of the above, in our opinion, learned Sessions Judge has rightly made the plea a part of record.

159. In Sukhdev Singh @ Sukha, the Supreme Court dealt with plea of guilty and the procedure to be adopted while recording it. The relevant portion of the Supreme Court judgment may be quoted:

"Even on the first principle, we see no reason why the Court could not act on the admission or confession made by ::: Downloaded on - 09/06/2013 16:54:40 ::: AJN CONF2.10-Kasab 335 the accused in the court of the trial or in his statement recorded under Section 313 of the Code. The procedure for the trial of Sessions case is outlined in Chapter XVIII of the Code. According to the procedure provided in that Chapter after the case is opened as required by S. 226, if, upon consideration of the record of the case and the documents submitted therewith, the Judge considers that there is no sufficient ground for proceeding against the accused, he shall discharge the accused for reasons to be recorded. If, however, the Judge does not see reason to discharge the accused he is required to frame in writing a charge against the accused as required by S. 228 of the Code. Where the Judge frames the charge, the charge so framed has to be read over and explained to the accused and the accused is required to be asked whether he pleads guilty of the offence charged or claims to be tried. Section 229 next provides that, if the accused pleads guilty, the Judge shall record the plea and may, in his discretion, convict him thereon. The plain language of this provision shows that, if the accused pleads guilty the Judge has to record the plea and thereafter decide whether or not to convict the accused. The plea of guilt tantamounts to an admission of all the facts constituting the offence. It is, therefore, essential that before accepting and acting on the plea the Judge must feel satisfied that the accused admits facts or ingredients constituting the offence. The plea of the accused must, therefore, be clear, ::: Downloaded on - 09/06/2013 16:54:41 ::: AJN CONF2.10-Kasab 336 unambiguous and unqualified and the Court must be satisfied that he has understood the nature of the allegations made against him and admits them.
The Court must act with caution and circumspection before accepting and acting on the plea of guilt. Once these requirements are satisfied the law permits the Judge trying the case to record a conviction based on the plea of guilt. If, however, the accused does not plead guilty or the learned Judge does not act on his plea he must fix a date for the examination of the witnesses i.e. the trial of the case. There is nothing in this Chapter which prevents the accused from pleading guilty at any subsequent stage of the trial. But before the trial Judge accepts and acts on that plea he must administer the same caution unto himself. This plea of guilt may also be put forward by the accused in his statement recorded under S. 313 of the Code."

160. In the light of the above judgments, learned Sessions Judge adopted a very prudent approach and, instead of accepting the plea of guilty which was partial, and convicting A1-Kasab, he proceeded with the trial to ascertain his involvement. Learned Sessions Judge did not examine A1-Kasab under Section 313(a) of the Code at that stage, because according to him that would have ::: Downloaded on - 09/06/2013 16:54:41 ::: AJN CONF2.10-Kasab 337 caused prejudice to him. Learned Sessions Judge had the advantage of seeing the demeanour of A1-Kasab. He was, therefore, in a better position to evaluate credibility of his plea (as to demeanour see Babu v. State of Kerala, (2010) 9 SCC 189). We are, therefore, of the opinion, that learned Sessions Judge's observation that A1-Kasab was absolutely comfortable and he made the statement voluntarily, will have to be accepted. Learned Sessions Judge has observed that A1-Kasab told him that he was not mentally and physically tortured in jail. We have no reason to disbelieve this statement.

161. Mr. Solkar submitted that there is variance between the plea and the judicial confession. It is true that there is some difference between the two. But, there is no great variance as contended by Mr. Solkar. In the plea, A1-

Kasab has attributed lesser role to himself. Therefore, the plea appears to have been made cleverly and consciously.

162. We have already noted that A1-Kasab has retracted ::: Downloaded on - 09/06/2013 16:54:41 ::: AJN CONF2.10-Kasab 338 his plea. In his statement under Section 313 of the Code, when A1-Kasab's attention was drawn to the statement made by him in his plea of guilty that he had sustained injury due to firing from the police vehicle, he gave evasive answer. He stated that he had not so stated and that he did not remember. When he was asked whether he wanted to say anything more about the case, he stated that he was apprehended on 6th day of the month in which the incident dated 26th had occurred. Thereafter, he was handed over to RAW and RAW handed him over to Crime Branch. He has further stated that the officers of Crime Branch shot at him, injured him and later on he was produced before the Magistrate. The evidence on record to which we shall soon advert indicates that this is a dishonest defence. There is cogent evidence on record to prove that A1-Kasab was apprehended on 26/11/2008 at Chowpaty when the hijacked Skoda vehicle driven by deceased A1-Abu Ismail in which he was sitting, was stopped by the police at Chowpaty. In cross-firing, deceased A1-Abu Ismail and ASI Ombale died. The ::: Downloaded on - 09/06/2013 16:54:42 ::: AJN CONF2.10-Kasab 339 retraction of the plea of guilty is, therefore, clearly an afterthought. In Sidharth Vashisht @ Manu Sharma v.

State (NCT of Delhi) (2010) 2 SCC (Cri.) 1385, the Supreme Court has held that where the accused furnishes false answers as regards proved facts, the court ought to draw an adverse inference qua him and such an inference shall become an additional circumstance to prove the guilt of the accused.

As we have already noted, the plea of guilty is rightly made a part of the record. Its retraction is an afterthought. This conduct of A1-Kasab will indeed be a circumstance against him. As we have already noted in Abdul Kadar Allarkhia, this court has observed that a plea made by the accused before the Judge at the commencement of the sessions case cannot stand in a worse position than a confession made by the accused himself before a Magistrate under Section 164 of the Code or a statement made by the accused admitting his guilt to the court of the committing Magistrate. Therefore, in our opinion, the plea made by A1-Kasab before learned Sessions Judge admitting guilt will also have to be ::: Downloaded on - 09/06/2013 16:54:42 ::: AJN CONF2.10-Kasab 340 examined in the light of the principles laid down by the Supreme Court as regards confessional statement which we have noted hereinabove. It bears repetition to state that learned Sessions Judge has made observation about the demeanor of A1-Kasab. He has considered all circumstances and observed that A1-Kasab was not under any pressure and had voluntarily made the said statements.

He has further observed that intelligently, A1-Kasab has avoided mentioning certain facts in his statement. This reasoning of learned Sessions Judge is correct. In our opinion, therefore, it is open to the court to take into consideration that part which appears to be true and reject the other part which is false (Keshoram Bora). We are satisfied that the retraction of plea of guilty by A1-Kasab is clearly an afterthought and is totally unpalatable. The statements of A1-Kasab recorded by learned Sessions Judge admitting guilt, therefore, can be used as a corroborative piece of evidence. We concur with learned Sessions Judge on this aspect.

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    K.    IDENTIFICATION PARADE.




                                                                  
                                          

163. Another important issue involved in this case is the identification of A1-Kasab by the witnesses. There are witnesses who have participated in the identification parade and identified A1-Kasab. Some of them are injured. There are some witnesses who were injured but they did not participate in the identification parades.

They have identified A1-Kasab in the court. Some witnesses are not injured. They have not participated in the identification parade but, they have identified A1-

Kasab in the court.

164. Learned Sessions Judge has observed that though most of the witnesses have stated that they had no occasion to see the photographs of A1-Kasab, he was not inclined to believe that part of the evidence. Learned Sessions Judge has expressed that in his opinion most of the witnesses must have seen the photographs of A1-

Kasab on the TV or in the newspapers. Learned Sessions ::: Downloaded on - 09/06/2013 16:54:43 ::: AJN CONF2.10-Kasab 342 Judge has then posed a question to himself whether this has vitiated the substantive evidence of the witnesses given in the court. He has answered this question by saying that the photographs were not purposely shown to the witnesses; they were so widely published that a large number of people all over the world might have seen the photographs of A1-Kasab but, there was nothing in the cross-examination to show that it is because of the photographs that the witnesses have identified A1-Kasab.

Learned Sessions Judge has further observed that most of the witnesses had seen A1-Kasab from very close quarters during the incident. Therefore, they had sufficient opportunity to remember the face and physic of A1-Kasab.

Mr. Nikam, learned Special Public Prosecutor submitted that learned Sessions Judge's finding that the photographs were published and the witnesses must have seen them, jeopardizes the dock identification, which is made by the witnesses because it can be argued that those witnesses had seen A1-Kasab on TV or in the newspapers. He submitted that there is no consistency between the ::: Downloaded on - 09/06/2013 16:54:44 ::: AJN CONF2.10-Kasab 343 observations of learned Sessions Judge that these witnesses had opportunity to see A1-Kasab, because most of them had seen him from close quarters and his observation that they had seen him on TV or in the newspapers. Mr. Nikam submitted that it is, therefore, necessary to clarify the correct position. We appreciate the anxiety of Mr. Nikam. In fact, Mr. Solkar has also submitted that if witnesses had seen the photographs of A1-Kasab on TV and in the newspapers, their dock identification cannot be relied upon. It is necessary to refer to the relevant judgments of the Supreme Court citied by both sides and then turn to the evidence of PW-265 Sharad Vichare, the SEM.

165. Identification parade is a step in investigation. It is vital to the investigation of a case. It helps the investigating agency to find out whether it is on the right track. It is not substantive evidence. Identification of the accused by a witness in a court is substantive evidence.

Identification of an accused by the witness in the ::: Downloaded on - 09/06/2013 16:54:44 ::: AJN CONF2.10-Kasab 344 identification parade lends support to his identification in the court by the same witness. The High Court Criminal Manual lays down the guidelines which the Special Executive Magistrates (SEMs) are expected to follow while conducting identification parades. These guidelines are directory and not mandatory. The SEM is expected to scrupulously follow them but minor deviations from the guidelines do not vitiate the identification parade. Basic requirements, however, have to be followed. In this connection, we can usefully refer to the judgment of the Supreme Court in State of Maharashtra v. Suresh, 2000 (1) SCC 471. In that case, this court took the view that the identification parade was irretrievably vitiated because the witnesses had said that the accused were taken on foot from the police station to the place where the parade was conducted and their faces were not covered during such transit. The Supreme Court considered the minutes of the test identification parade where it was inter alia stated that the suspects were brought from the lock up with the help of two respectable ::: Downloaded on - 09/06/2013 16:54:44 ::: AJN CONF2.10-Kasab 345 persons and all precautions were taken so that the witnesses would not see the suspect during such transit and held that this court had niggled on unimportant details and come to a wrong conclusion. The Supreme Court observed that the Executive Magistrate had adopted sufficient safeguards in ensuring that the parade was conducted in a reasonably foolproof manner. The object behind conducting a test identification parade and how the test identification parade evidence is to be appreciated was stated by the Supreme Court in the following paragraph.

"If potholes were to be ferreted out from the proceedings of the Magistrates holding such parades possibly no test identification parade can escape from one or two lapses. If a scrutiny is made from that angle alone and the result of the parade is treated as vitiated every test identification parade would become unusable.
We remind ourselves that identification parades are not primarily meant for the court. They are meant for investigation purposes. The object of conducting a test identification parade is twofold. First is to enable the witnesses to satisfy themselves that the prisoner whom they suspect is really the one who was seen by them in connection with the commission of the crime.

Second is to satisfy the investigating authorities ::: Downloaded on - 09/06/2013 16:54:45 ::: AJN CONF2.10-Kasab 346 that the suspect is the real person whom the witnesses had seen in connection with the said occurrence. So the officer conducting the test identification parade should ensure that the said object of the parade is achieved. If he permits dilution of the modality to be followed in a parade, he should see to it that such relaxation would not impair the purpose for which the parade is held (vide Budhsen v. State of U.P., Ramanathan v. State of T.N.)."

166. In Anilkumar v. State of U.P., 2003 SCC (Cri.) 770, there was 47 days' delay in holding the test identification parade. The Supreme Court referred to its judgment in Brij Mohan v. State of Rajasthan, 1994 (1) SCC 413, where the test identification parade was held after three months. The Supreme Court held that no time limit could be fixed for holding a test identification parade. Sometimes, the crime itself is such that it would create a deep impression on the minds of the witnesses who had an occasion to see the culprits. The Supreme Court observed that this impression would include facial impression of the culprits and such a deep impression would not be erased within a period of three months. The Supreme Court in the facts before it, where the accused ::: Downloaded on - 09/06/2013 16:54:45 ::: AJN CONF2.10-Kasab 347 had attacked the brother of the injured in a brutal manner and killed, held that circumstances were such that they would impress upon the minds of the injured, the facial expressions of the assailants. It was further observed that in their memory also the facial expressions of the assailants would get embossed. Thus despite the delay, identification in the identification parade was upheld because the final expressions of the accused were imprinted in the memory of the witnesses on account of nature of the offence.

167. In Siamon & Ors. v. State of Karnataka, 2004 SCC (Cri.) 646, no identification parade was held. The accused were identified by the witnesses first time in the court. It was urged that it was risky to rely on such identification. The Supreme Court rejected this argument.

The relevant observations of the Supreme Court are as under:

"The legal position on the aspect of identification is well settled. Under Section 9 of ::: Downloaded on - 09/06/2013 16:54:46 ::: AJN CONF2.10-Kasab 348 the Indian Evidence Act, 1872, the identity of the accused persons is a relevant fact. We have no difficulty in accepting the contention that evidence of mere identification of an accused person at the trial for the first time is from its very nature inherently of a weak character. The purpose of a prior test identification is to test and strengthen the trustworthiness of that evidence. Courts generally look for corroboration of the sole testimony of the witnesses in court so as to fix the identity of the accused who are strangers to them in the form of earlier identification proceedings. This rule of prudence, however, is subject to exceptions, when, for example, the court is impressed by a particular witness on whose testimony it can safely rely, without such or other corroboration.

It has also to be borne in mind that the aspect of identification parade belongs to the stage of investigation, and there is no provision in the Code of Criminal Procedure which obliges the investigating agency to hold, or confers a right upon the accused to claim, a test identification parade. Mere failure to hold a test identification parade would not make inadmissible the evidence of identification in court. What weight is to be attached to such identification is a matter for the courts of fact to examine. In appropriate cases, it may accept the evidence of identification even without insisting on corroboration (see Malkhansingh v. State of M.P.)"

168. In Sarvan Singh v. State of Punjab, 2003 SCC (Cri.) 282, also the Supreme Court accepted the identification of the accused in the court without there ::: Downloaded on - 09/06/2013 16:54:46 ::: AJN CONF2.10-Kasab 349 being any identification parade.

169. In Pramod Mandal v. State of Bihar, 2005 SCC (Cri.) 75, the Supreme Court considered whether delay in holding identification parade is fatal. After considering the relevant judgments on the point, the Supreme Court held that it is neither possible nor prudent to lay down any invariable rules as to the period within which a test identification parade must be held. The Supreme Court observed that this matter must be left to the court of fact to decide in the facts and circumstances of each case. In that case, it was argued that even in the absence of test identification parade the conviction of the appellant would be fully justified on the basis of evidence of PW-4 alone, who identified the appellant in the court. The Supreme Court accepted this argument. The Supreme Court observed that there was no irregularity or unfairness in the holding of the test identification parade. It was further held that evidence of PW-4 who was an eye-

witness was corroborated by the result of the test ::: Downloaded on - 09/06/2013 16:54:46 ::: AJN CONF2.10-Kasab 350 identification proceedings. There was sufficient light to enable the witness to identify the dacoits. The presence of PW-4 could not be disputed because he had suffered injuries. He had ample opportunity to notice the appearance and physical features of the culprits. The Supreme Court observed that the traumatic experience of that fateful day in which a young girl lost her life, within his view, must have left the faces of the assailants imprinted in his memory. The Supreme Court, therefore, did not doubt the veracity of PW-4 in arriving at this conclusion. The Supreme Court relied on its judgment in Malkhansingh v. State of M.P., (2003) 5 SCC 746, where it has observed that failure to hold a test identification parade would not make inadmissible the evidence of identification in court. The weight to be attached to such identification should be a matter for the courts of fact. In appropriate cases, observed the Supreme Court, it may accept the evidence of identification even without insisting on corroboration.

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    170. In Munshi Singh Gautam (Dead) & Ors.                                v.




                                                                        

State of M.P. 2005 SCC (Cri.) 1269, the Supreme Court has held that it is desirable that a test identification parade should be conducted as soon as after the arrest of the accused. If, however, circumstances are beyond control and there is some delay, it cannot be said to be fatal to the prosecution. While dealing with the identification of the accused made first time in the court, the Supreme Court held that it is no doubt true that much evidentiary value cannot be attached to the identification of the accused in court where identifying witness is a total stranger, who had just a fleeting glimpse of the persons identified or who had no particular reason to remember the person concerned, if the identification is made for the first time in court and it is considered a safe rule of prudence to generally look for corroboration of the sworn testimony of witnesses in court as to the identity of the accused who are strangers to them in the form of earlier identification proceedings. The Supreme Court, however, clarified that this rule of prudence, however, is ::: Downloaded on - 09/06/2013 16:54:47 ::: AJN CONF2.10-Kasab 352 subject to exceptions when, for example, the court is impressed by a particular witness on whose testimony it can safely rely without such or other corroboration. The Supreme Court further observed that the weight to be attached to identification made first time in the court would be a matter for the courts of fact. In appropriate cases, it may accept the evidence of identification even without insisting on corroboration.

171. Following the dictum of the Supreme Court in Munshi, in Sidhartha Vashisht @ Manu Sharma, the Supreme Court has held that even when there is no previous test identification parade, the court may appreciate the dock identification as being above board and more than conclusive.

172. It is clear from the above judgments that to ascertain whether identification parade evidence is reliable or not, one has to consider the evidence of the SEM, the test identification parade memo and other relevant ::: Downloaded on - 09/06/2013 16:54:48 ::: AJN CONF2.10-Kasab 353 circumstances. If the parade is conducted in a reasonably foolproof manner by adopting sufficient safeguards, minor deviations should not lead the court to discard that evidence. There is no doubt that test identification parade should be held as soon as possible. But, no hard and fast rule can be laid down in this behalf. It is neither possible nor prudent to lay down any rules as to the period within which a test identification parade should be conducted. The time factor would depend on facts and circumstances of each case and if there is proper explanation, delay in holding identification parade will not vitiate it. Identification of an accused in the court in the absence of test identification parade can also be relied upon in a given set of circumstances. If the witness had sufficient opportunity to see the accused because of availability of light, or if the witness undergoes a traumatic experience and, therefore, the features of the accused are embossed in his memory, and if his evidence inspires confidence, identification made by him in the court can safely be believed.

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AJN CONF2.10-Kasab 354

173. In the light of the above principles, we shall examine the evidence on record. PW-265 Sharad Vichare, the SEM has deposed that he had conducted three identification parades on 27/11/2008 at Arthur Road Prison, Mumbai, in respect of A1-Kasab. There were five identifying witnesses during the course of the first parade. They are PW-136 PN Arun Jadhav, PW-138 PN Suresh Kadam, Satyawan Dagadu Utekar, Ramchandra Laxman Utekar and PW-139 Maruti Phad. In the second identification parade, four identifying witnesses participated. They are PW-1 PSI Bhaskar Kadam, PW-3 API Hemand Bavthankar, PW-2 API Sanjay Govilkar and Ashok Sadashiv Pimpale.

In the third identification parade, five identifying witnesses participated. They are PW-109 Chandrakant Tikhe, PW- 107 Raosaheb Funde, PW-103 Bharat Waghela, PW-105 Sandeep Waghela and PW-101 Mrs. Anjali Kulathe. This witness has stated that all the identifying witnesses identified A1-Kasab during the said three parades.

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AJN CONF2.10-Kasab 355

174. This witness conducted three more identification parades on 28/12/2008 by adopting similar procedure. In the first identification parade, six identifying witnesses participated. They are PW-49 Bharat Bhosale, PW-68 Kirankumar Bhosle, Suresh Fulchand Khatalkar, PW-66 Sandeep Khiratkar, PW-55 Dhananjay Gavali and PW-58 Mammat Nardele.

ig In the second identification parade, there were two identifying witnesses. They are Bharat Tandel and PW-28 Bharat Tamore. In the third identification parade, identifying witness was PW-144 Sharan Arasa. Four more identification parades were held on 14/1/2009 in Arthur Road Prison. In the first parade, identifying witness was PW-147 Samit Ajgaonkar. In the second identification parade, identifying witness was Chokha Landge. In the third identification parade, identifying witnesses were PW-54 Jillu Jadav, PW-62 Sudama Pandarkar, PW-59 Harshad Patil and PW-57 Lau Kharat. In the fourth identification parade, the identifying witness was PW-111 Kailash Ghegadmal. In all these ::: Downloaded on - 09/06/2013 16:54:49 ::: AJN CONF2.10-Kasab 356 identification parades, the identifying witnesses identified A1-Kasab.

175. The evidence of this witness discloses that he had complied with the guidelines of the High Court Criminal Manual which a Magistrate is expected to follow while conducting identification parades. He is an experienced person who has conducted about 200 identification parades. He has stated that the identification parades were held in the barracks of Arthur Road prison and he had taken care to ensure that the barracks were not visible to the identifying witnesses. He has further stated that the dummies were different for all the parades and they were selected by him from prisoners produced before him by the Prison Authorities. He has clearly stated that he had selected dummies of the built and height similar to that of A1-Kasab. He has further stated that during the course of all the identification parades, A1-Kasab was given opportunity to change his position whenever a new identifying witness was to be called. He was also given ::: Downloaded on - 09/06/2013 16:54:49 ::: AJN CONF2.10-Kasab 357 option to change his clothes. He had also asked all the identifying witnesses whether they were shown A1-Kasab or his photographs anytime before their entry into the parade room. He has stated that all the witnesses replied in the negative. He has further stated that he had taken care to see that the witnesses who had taken part in the parade would not be allowed to meet any other witnesses who were waiting for their turn. He has further stated that the police officers, after introduction of identifying witnesses and selection of panch witnesses, were not allowed to be in the company of identifying witnesses or the panch witnesses. They used to remain outside the jail premises. He has repeated that he had taken all the precautions to see that the witnesses could not see A1-

Kasab before his arrival in the parade room. He has said that the dummies in all parades pertaining to A1-Kasab were having thin beard. No dummy was bald. None of the dummies had hair upto shoulder. None of the dummies was having mole on his face. None of the dummies had any scar on his face. He has categorically ::: Downloaded on - 09/06/2013 16:54:50 ::: AJN CONF2.10-Kasab 358 stated that he had conducted the identification parades on the basis of guidelines issued by the High Court Criminal Manual.

176. Mr. Solkar, however, pointed out that in the cross-

examination, this witness was asked whether he had asked the identifying witnesses that they had occasion to see the photographs of A1-Kasab in the newspapers or on the TV. He has admitted that he did not ask such a specific question to any identifying witness. Mr. Solkar submitted that it was incumbent upon PW-265 Vichare to ask such a specific question to every identifying witness.

We find no substance in this. We have already noted that this witness had asked a general question to all the witnesses which they had answered in the negative. If a general question was asked whether the witnesses had occasion to see the photographs of A1-Kasab on the TV or in the newspapers, it was not necessary for PW-265 Vichare to ask a specific question to every identifying witness. Mr. Solkar further submitted that PW-265 ::: Downloaded on - 09/06/2013 16:54:50 ::: AJN CONF2.10-Kasab 359 Vichare did not go to each and every dummy and ascertain whether they were having any identifying marks on their faces. Only after proper scrutiny, he should have selected dummies. He submitted that this not having been done, the identification parade becomes suspect.

We have no hesitation in rejecting this submission. We have noted the care taken by PW-265 Vichare while selecting dummies.

He has categorically stated that he ensured that all dummies were of similar built and height as that of A1-Kasab. He has further stated that during the course of all the identification parades, A1-Kasab was given opportunity to change his position whenever a fresh identifying witness was to be called. He was also given option to change his clothes. He had also taken care to see that there were no identifying marks on the dummies which would distinguish them from A1-Kasab. As stated by the Supreme Court in Suresh, if the SEM follows the basic guidelines of the High Court Criminal Manual, if the identification parade is reasonably foolproof and is supported by properly drawn identification parade ::: Downloaded on - 09/06/2013 16:54:51 ::: AJN CONF2.10-Kasab 360 memos, minor deviation in the procedures, will not vitiate it. In fact, we are of the opinion that there are no procedural irregularities in this case.

177. We have also gone through the relevant identification parade memos. Having perused the evidence of this witness, we are more than satisfied that PW-265 Vichare has meticulously followed the High Court Criminal Manual. He has taken care to ensure that dummies who resemble A1-Kasab were selected. He has taken all precautions to see that the identifying witnesses do not see A1-Kasab before the identification parade. The identification parade memos also inspire confidence.

They bear out evidence of PW-265 Vichare. This witness has been cross-examined at length. However, in the cross-examination, he has reiterated that he had taken due care while conducting the identification parades. The defence has not elicited anything in the cross-examination which can establish that PW-265 had conducted the identification parade in a casual manner contrary to the ::: Downloaded on - 09/06/2013 16:54:51 ::: AJN CONF2.10-Kasab 361 guidelines issued by the High Court Criminal Manual.

178. Mr. Solkar then submitted that there is delay in holding identification parade. Having regard to the nature of investigation which the police had to conduct in this case, which included recording statements of hundreds of witnesses, collecting voluminous circumstantial evidence, ascertaining international ramifications of the crime, etc. we are of the opinion that time taken to conduct identifying parade cannot be termed as delay. We have already noted the Supreme Court's observations that there is no fixed time schedule laid down as to the holding of the identification parades. In a given case, if there are sound reasons for not holding identification parade expeditiously, the delay will not be fatal. In our opinion, this is one such case. We are further of the opinion that merely because A1-Kasab's photograph was shown in the newspapers and on the TV, it cannot be presumed that all witnesses must have seen them. As we progress further and deal with individual instances, we will examine the ::: Downloaded on - 09/06/2013 16:54:51 ::: AJN CONF2.10-Kasab 362 evidence of each identifying witness in the light of our above observations.

L. DELAY IN RECORDING STATEMENT.

179. There is one more aspect which needs to be dealt with at the outset. In respect of some of the witnesses, Mr. Solkar's contention is that their statements were recorded after considerable delay and, therefore, their evidence should not be taken into consideration. He submitted that the delay in recording statements of witnesses reflects on their credibility inasmuch as it gives rise to a grave suspicion that the time was used by the police to concoct the statements. It is not possible for us to accept this submission. We take judicial notice of the fact that the police were investigating a serious case of conspiracy. They were ascertaining the depth and extent of the conspiracy, which had international ramifications.

The terrorists had targeted several important places, RDX was used. There were several bomb blasts. Two bombs ::: Downloaded on - 09/06/2013 16:54:52 ::: AJN CONF2.10-Kasab 363 exploded in taxis, one at Vile Parle and another at Mazgaon. A totally new modus operandi was used by the conspirators. They had used the sea route to come to Mumbai, Satellite phones were used to contact the handlers. GPS was used to find the way to Mumbai.

Several senior police officers succumbed to death on account of injuries sustained while trying to nab the terrorists. Investigation of a case of this nature cannot be equated with the investigation of an ordinary case of murder. Delay in recording the statements of witnesses, in our opinion, will not adversely affect the prosecution case. Besides, delay in recording statements cannot be taken against the prosecution unless the investigating officer is asked to give explanation for the delay and he fails to give explanation. No questions were posed to the investigating officer about this aspect. The witnesses have also not been confronted with this aspect.




    180. In this connection, we may refer to              Sidhartha

    Vashisht @ Manu Sharma.          In that case, it was argued




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     AJN                                                  CONF2.10-Kasab
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that there was delay in recording statements of witnesses and that was fatal to the prosecution case. The Supreme Court observed that there were no concomitant circumstances to suggest that the investigator was deliberately marking time with a view to giving a particular shape to the case. It was observed that the details of investigation conducted on each day were very clearly brought out in the evidence of various witnesses.

It was held that in the circumstances, delay in recording the statements of witnesses cannot be considered as an infirmity in the case. In our opinion, the above observations of the Supreme Court are squarely attracted to the present case. In this case, the investigator cannot be accused of any remissness or dilatory tactics with a view to concocting a false case against A1-Kasab.

181. We may also refer to the judgment of the Supreme Court in Vijay Kumar Arora v. State (Govt. of NCT of Delhi), (2010) 1 SCC (Cri.) 1476. In that case, the statements of witnesses were recorded after one month ::: Downloaded on - 09/06/2013 16:54:53 ::: AJN CONF2.10-Kasab 365 from the date of death of the deceased. The Supreme Court observed that neither an explanation was sought from any of the witnesses as to why their statements were recorded after a delay of one month nor the investigating officer was questioned about the delay in recording statements of those witnesses. The Supreme Court clarified that the law on the point is well settled.

Unless the investigating officer is asked questions about the delay in recording statements and an explanation is sought from the witnesses as to why their statements were recorded late, the statements by themselves do not become suspicious or concocted. This judgment is also applicable to the present case. Similar view has been taken by the Supreme Court in Ranbir & Ors. vs. State of Punjab, AIR 1973 SC 1409, Sunil Kumar & Anr. v.

State of Rajasthan, 2005 SCC (Cri.) 1230 and in Banti @ Guddu v. State of M. P., 2004 SCC (Cri.)

294. This submission is, therefore, rejected.

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    M.    REACTION OF WITNESSES IN PARTICULAR MANNER.




                                                                    
                                            

182. We must note that Mr. Solkar has attacked the conduct of some of the witnesses on the ground that they did not react in a particular manner. It must be remembered that the terrorist attack on various important locations of Mumbai was unprecedented and general public was caught unawares. None expected such horrific attack on public places. Number of people were affected.

People ran helter-skelter to save their lives. This unusual terror attack was bound to give rise to unusual and different reactions. It would not, therefore, be right to discard the evidence of witnesses in this case on the ground that the witnesses did not behave in a particular manner. In this connection, we may usefully refer to the judgment of the Supreme Court in State of U.P. v.

Devendra Singh, 2005 SCC (Cri.) 582. Same argument was advanced in that case. Relying on its judgment in Rana Pratap v. State of Haryana (1983) 3 SCC 327, the Supreme Court rejected the said ::: Downloaded on - 09/06/2013 16:54:54 ::: AJN CONF2.10-Kasab 367 submission by observing as under:

"Human behaviour varies from person to person. Different people behave and react differently in different situations. Human behaviour depends upon the facts and circumstances of each given case. How a person would react and behave in a particular situation can never be predicted. Every person who witnesses a serious crime reacts in his own way. Some are stunned, become speechless and stand rooted to the spot. Some become hysteric and start wailing. Some start shouting for help. Others run away to keep themselves as far removed from the spot as possible. Yet others rush to the rescue of the victim, even going to the extent of counterattacking the assailants.
Some may remain tight-lipped, overawed either on account of the antecedents of the assailant or threats given by him. Each one reacts in his special way even in similar circumstances, leave alone, the varying nature depending upon a variety of circumstances. There is no set rule of natural reaction. To discard the evidence of a witness on the ground that he did not react in any particular manner is to appreciate evidence in a wholly unrealistic and unimaginative way".
::: Downloaded on - 09/06/2013 16:54:54 :::
     AJN                                              CONF2.10-Kasab
                                      368

    N.     MINOR DISCREPANCIES.




                                                                        
183. Mr. Solkar during the course of his argument laid stress on certain minor discrepancies in the evidence of witnesses. On the basis of such minor discrepancies, evidence of witnesses cannot be discarded. In State of Rajasthan v. Smt. Kalki & Ors., AIR 1981 SC 1390, while meeting with similar submission, the Supreme Court observed that in the depositions of witnesses there are always normal discrepancies, however, honest and truthful they may be. The Supreme Court has observed that these discrepancies are due to normal errors of observation, normal errors of memory due to lapse of time, due to mental disposition such as shock and horror at the time of occurrence and the like.

Material discrepancies are those which are not normal and not expected of a normal person. Similar view has been taken by the Supreme Court in State of Panchab v. Karnail Singh, 2003 (5) Supreme

508. Thus minor errors of observation would not persuade us to discard the evidence of witnesses.

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     AJN                                              CONF2.10-Kasab
                                 369




                                                                        
    O.    RECALL AND RE-EXAMINATION OF WITNESSES




                                                

AND DEFERRING OF EXAMINATION IN-CHIEF.

184. Mr. Solkar has taken strong exception to the prosecution recalling some of the witnesses and deferring the examination-in-chief by adjourning the case.

According to him, this is done by the prosecution to fill in the lacunae. Mr. Solkar submitted that learned Sessions Judge should not have allowed the recall of witnesses. We are not inclined to accept this submission. If we see Section 311 of the Code and Sections 138 and 165 of the Evidence Act, we find that the stress is on obtaining the best evidence as to reach the truth. The discretion which vests in the Presiding Officer of the court to allow recall of a witness or summon a witness is guided by this salutary principle. Some of the Supreme Court judgments to which our attention is drawn need to be quoted.

185. In Mohanlal Shamji Soni v. Union of India & Anr., AIR 1991 SC 1346, while considering the scope of ::: Downloaded on - 09/06/2013 16:54:55 ::: AJN CONF2.10-Kasab 370 Section 540 of the Code of Criminal Procedure (5 of 1898) which is similar to Section 311 of the Code, the Supreme Court observed that the cardinal rule in the law of evidence is that best available evidence should be brought before the court to prove a fact or the point in issue. The Supreme Court observed that any court by exercising its discretionary authority at any stage of enquiry, trial or other proceeding can summon any person in attendance though not summoned as a witness or recall or re-examine any person already examined who is expected to throw light upon the matter in dispute, because if judgments happened to be inchoate, inconclusive and speculative presentation of facts, the ends of justice would be defeated. The Supreme Court observed that this section is expressed in widest possible terms and do not limit the discretion of the court in any way. The Supreme Court, however, clarified that this power should not be used capriciously or arbitrarily or for filling up the lacuna left by the prosecution or the defence. Witness could be recalled even after the ::: Downloaded on - 09/06/2013 16:54:55 ::: AJN CONF2.10-Kasab 371 evidence is closed for just decision of the case.

186. In Rajendra Prasad v. Narcotic Cell, 1999 SCC (Cri.) 1062, after the prosecution and the defence closed their evidence at the instance of the prosecution two of the witnesses, who were already examined, were re-

summoned for the purpose of proving certain documents for prosecution.

They were further examined and the evidence was once again closed and the case was posted for arguments. The public prosecutor again moved an application seeking permission to examine PW-21 and two other persons. The trial court allowed this application in exercise of its powers under Section 311 of the Code. The Supreme Court confirmed the trial court's order by observing that an oversight in the prosecution case cannot be treated as an irreparable lacuna. Following observations of the Supreme Court need to be quoted.

"A lacuna in the prosecution is not to be equated with the fallout of an oversight committed by a Public Prosecutor during trial, either in producing relevant ::: Downloaded on - 09/06/2013 16:54:56 ::: AJN CONF2.10-Kasab 372 materials or in eliciting relevant answers from witnesses. The adage "to err is human" is the recognition of the possibility of making mistakes to which humans are prone. A corollary of any such laches or mistakes during the conducting of a case cannot be understood as a lacuna which a court cannot fill up".
"Lacuna in the prosecution must be understood as the inherent weakness or a latent wedge in the matrix of the prosecution case. The advantage of it should normally go to the accused in the trial of the case, but an oversight in the management of the prosecution cannot be treated as irreparable lacuna. No party in a trial can be foreclosed from correcting errors. If proper evidence was not adduced or a relevant material was not brought on record due to any inadvertence, the court should be magnanimous in permitting such mistakes to be rectified. After all, function of the criminal court is administration of criminal justice and not to count errors committed by the parties or to find out and declare who among the parties performed better".

"It cannot be said as a legal proposition that the court cannot exercise power of resummoning any witness, if once that power was exercised, nor can the power be whittled down merely on the ground that the prosecution discovered laches only when the defence highlighted them during final arguments. The power of the court is plenary to summon or even ::: Downloaded on - 09/06/2013 16:54:56 ::: AJN CONF2.10-Kasab 373 recall any witness at any stage of the case, if the court considers it necessary for a just decision. The steps which the trial court permitted in this case for resummoning certain witnesses cannot, therefore, be spurned down or frowned at."

187. Section 165 of the Evidence Act vests vast powers in the trial court to put any question in any form at any time, to any witness or to the parties about any fact relevant or irrelevant in order to discover the relevant facts. Its importance is stressed by the Supreme Court in Zahira.

188. In Rammi @ Rameshwar etc. v. State of M.P., 1999 (8) Supreme 364, while considering scope of reexamination contemplated under Section 138 of the Evidence Act, the Supreme Court observed as under:

"The very purpose of re-examination is to explain matters which have been brought down in cross-examination. Section 138 of the Evidence Act outlines the amplitude of re-examination. There is "an erroneous impression that re-

examination should be confined to clarification of ambiguities which have ::: Downloaded on - 09/06/2013 16:54:56 ::: AJN CONF2.10-Kasab 374 been brought down in cross-

examination. No doubt, ambiguities can be resolved through re-examination. But that is not the only function of the re-

examiner. If the party who called the witness feels that explanation is required for any matter referred to in cross-

examination he has the liberty to put any question in re-examination to get the explanation. The Public Prosecutor should formulate his questions for that purpose. Explanation may be required either when ambiguity remains regarding any answer elicited during cross-examination or even otherwise. If the Public Prosecutor feels that certain answers require more elucidation from the witness he has the freedom and the right to put such questions as he deems necessary for that purpose, subject of course to the control of the Court in accordance with the other provisions. But the Court cannot direct him to confine his questions to ambiguities alone which arose in cross-examination".

"Even if the Public Prosecutor feels that new matters should be elicited from the witness he can do so, in which case the only requirement is that he must secure permission of the Court. If the Court thinks that such new matters are necessary for proving any material fact, courts must be liberal in granting permission to put necessary questions".

"A Public Prosecutor who is attentive ::: Downloaded on - 09/06/2013 16:54:57 ::: AJN CONF2.10-Kasab 375 during cross-examination cannot but be sensitive to discern which answer in cross-examination requires explanation. An efficient Public Prosecutor would gather up such answers falling from the mouth of a witness during cross-

examination and formulate necessary questions to be put in re-examination.

There is no warrant that re-examination should be limited to one or two questions. If the exigency requires any number of questions can be asked in re-

examination."

189. Having regard to the best evidence rule reflected in the above provisions of law and having regard to the above quoted judgments of the Supreme Court, we cannot fault learned Sessions Judge for permitting recall of witnesses or permitting their reexamination. This case involves several incidents. It has international ramifications. Several experts were examined. Huge data had to be co-related. It appears to us that because of sheer volume of record, due to oversight certain facts which were necessary to be brought on record for the just decision of the case, were not brought on record. Certain ::: Downloaded on - 09/06/2013 16:54:58 ::: AJN CONF2.10-Kasab 376 clarifications were necessary. Learned Sessions Judge had to, therefore, exercise his powers under Section 311 of the Code. It must be remembered that the prosecution adduced evidence of 654 witnesses. Learned Sessions Judge examined 5 court witness. CW-1 Varghese was examined to find out whether the CCTV recording at the Times of India was authentic. CW-5 PI Anthony was examined because he had defused the bombs and there was no evidence to indicate who had defused them.

Other three court witnesses are NSG commandos who had taken part in the operation at the places of attack and who had handed over the articles recovered at these places to the police. Indeed, this was the correct step taken by learned Sessions Judge. PW-138 PN Suresh Kadam has deposed about the incident which took place when the Qualis police jeep passed from Mahapalika Road near junction of B.T. Road and Mahapalika Road adjoining St. Xavier's College. At that time, PW-128 PI Thorawade, who was in-charge of Azad Maidan Police Station was present. Inadvertently, he was not asked anything about ::: Downloaded on - 09/06/2013 16:54:58 ::: AJN CONF2.10-Kasab 377 this incident. Learned Sessions Judge, therefore, recalled PW-128 PI Thorawade to find out whether PW-138 PN Suresh Kadam's evidence should be accepted or not. We feel that learned Sessions Judge correctly recalled this witness. We do not find any instances where witnesses have been recalled for filling in lacunae. It is important to note that learned Sessions Judge has recalled witnesses at the instance of defence also.

190. So far as the grievance that examination-in-chief of witness cannot be differed is concerned, we find that there is no provision in the Code restraining the court from deferring the examination-in-chief. Such an exercise may be necessary in a given case. Learned Sessions Judge's discretion to adjourn the case cannot be fettered.

Unless there is reason to believe that examination-in-chief was deferred purposely to favour the prosecution, he cannot be faulted for passing such order. Undoubtedly, such order cannot be passed for the asking in a routine manner. The judge has to be circumspect while granting ::: Downloaded on - 09/06/2013 16:54:59 ::: AJN CONF2.10-Kasab 378 such permission and such orders can be passed only in rare cases for genuine reasons. It is contended that in this case, examination-in-chief of PW-66 Khiratkar and PW-150 Ghadage was deferred to enable the prosecution to fill in the lacunae. We do not find that examination-in-

chief was deferred to fill in the lacuna. We shall deal with that aspect at the appropriate stage when we discuss the evidence of these witnesses.

191. Certain minor errors committed by the investigating agency have been noted by us. They are not errors of any grave nature vitiating the trial. In a huge case like this, in the nature of things there may be small errors committed by the investigating agency due to oversight. The law on this point is well settled by the Supreme Court in a long line of judgments. The Supreme Court has repeatedly held that in case of defective investigation the court has to be circumspect but it is not right to acquit the accused solely on the ground of defective investigation. If the occular evidence is cogent and reliable that can be relied ::: Downloaded on - 09/06/2013 16:54:59 ::: AJN CONF2.10-Kasab 379 upon. (See Paras Yadav & Ors. v. State of Bihar, 1999 (2) SCC 126 and Dhanaj Singh v. State of Punjab, AIR 2004 SC 1920). In our opinion, in this case, the evidence adduced by the prosecution which includes occular evidence as well as circumstantial evidence, inspires great confidence. Minor errors will, therefore, not have any adverse impact on the case.

192. After dealing with the preliminary objections and after referring to the relevant observations of the Supreme Court as regards evidentiary value of the confessional statement of the accused, plea of guilty of the accused and identification parade evidence and after focusing our attention on the general principles underlying appreciation of evidence laid down by the Supreme Court on which submissions were advanced by the counsel, we shall now deal with the incidents in which according to the prosecution, A1-Kasab is directly involved. They can be broadly categorized as under:

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AJN CONF2.10-Kasab 380 P. PLACES OF INCIDENTS INVOLVING A1-KASAB & DECEASED A1-ABU ISMAIL.

          i)     Incident at Badhwar Park.




                                                 
          ii)    Incident of Vile Parle Taxi Blast.

          iii)   Incident of firing at CST.




                                                
          iv)    Incident of firing at "Cama In".

          v)     Incident of firing at "Cama Out".




                                        
          vi)    Incident of Skoda Robbery.
                          

vii) Incident of firing at Vinoli/Girgaum Chowpaty.

193. Before we go to all individual incidents, we feel that it is necessary to reproduce certain tables which learned Sessions Judge has incorporated in his judgment for ready reference as the contents of the said tables have not been disputed by the defence. Some of the said tables have already been reproduced by us in the earlier part of our judgment.

194. The prosecution has examined three Ballistic Experts. They are PW-150 Gautam Ghadage and PW-151 Shamsunder Munj and PW-157 Vasudev Patil. The learned ::: Downloaded on - 09/06/2013 16:55:01 ::: AJN CONF2.10-Kasab 381 Sessions Judge has prepared a table containing the summary of total number of empties, their place of seizure, exhibit numbers of panchnama and opinion of the Ballistic Experts. We reproduce the same for ready reference.

TABLE NO.7 1 2 3 4 5 Sr. Art.No./Lab Total Place of seizure Opinion of C.A.

    No    No./Lab        number of     and Panchnama           (Ballistic Expert)
          

        Ex.number         empties          Ex.No.
                         and their
       



                        descriptions
    1       Art.41colly   Two 9   mm Seized in front of     These     two     empties
            (BL 990A/08 empties      Cafe Ideal Choupathy   tallied          amongst
            Ex.12A      &            under            the   themselves     and   also
            12B)                     panchnama Ex.80        tallied with the empties





                                                            of test fired cartridges
                                                            from the pistol Art.18
                                                            used by PW 1.
    2       Art.43colly   Two 9   mm found on road on       These     two     empties
            (BL 990A/08 empties      rear side of car and   tallied          amongst
            Ex.13A      &            seized         under   themselves     and   also





            13B)                     panchnama Ex.80        tallied with the empties
                                                            of test fired cartridges
                                                            from Art.29 service pistol
                                                            of PW 3 Mr.Bhavdhankar




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        1          2              3                  4                           5




                                                                
    3         Art.51 colly     Two 7.62    Seized from near the     These     two    empties




                                                               
              (BL 990A/08 mm / .30"        right front door of      tallied         amongst
              Ex.14A       & empties       Skoda      Car    at     themselves and also
              14B)                         Choupathy      under     tallied with the empties
                                           panchanama Ex.80         of cartridges test fired
                                                                    from the pistol Art.14-
                                                                    Pistol




                                                   
    4         Art.77 colly    Eight 7.62    Seized from near the    These empties tallied
              (BL 990A/08 mm empties       left side of Skoda car   amongst themselves and
              Ex.15A       to      ig      at Choupathy under       also tallied with the
              15H)                         panchanama Ex.80         empties of cartridges
                                                                    test fired from Art.10- AK
                                                                    47 rifle
                                 

5 Art.221colly Seven 7.62 Recovered at C.S.T. Ex.1B, 1D, 1E, 1F and 1G (BL 1014/08 mm short under panchanama tallied amongst Ex.1A to 1G) rifle empties Ex.257 themselves and also tallied with the empties of cartridges test fired from Art.10-AK 47 rifle.

Art.1A and 1C tallied amongst themselves and also tallied with the empties of cartridges test fired from Art.427-

AK 47 rifle.

6 Art.223colly Six 7.62 Recovered at C.S.T. Ex.2A, 2B, 2D, 2E and 2F (BL 1014-08 short rifle under panchanama tallied amongst Ex.2A to 2F) empties Ex.257 themselves and also tallied with the empties of cartridges test fired from Art.10-AK 47 rifle.

Ex.2C tallied with the empties of cartridges test fired from Art.427 AK 47 rifle.

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                                              383




                                                                                         
      1             2               3               4                           5




                                                                 
      7       Art.225colly Three 7.62 Recovered      at       Ex.3A & 3B tallied amongst




                                                                
              (BL 1014-08 short    rifle C.S.T.   under       themselves and also tallied
              Ex.3A to 3C  empties       panchanama Ex.       with     the      empties    of
                                         257                  cartridges test fired from Art.
                                                              10-AK 47 rifle.
                                                              Ex.3C     tallied   with   the
                                                              empties of cartridges test




                                                   
                                                              fired from Art.427 AK 47 rifle.
          8   Art.231 colly    Forty   four Recovered    at   Ex.5A5, 5A7, 5A10, 5A12,
              (BL 1014-08      7.62  igmm C.S.T.      under   5A15, 5A16, 5A18, 5A20,
              Ex.5A-1     to   short   rifle panchanama Ex.   5A21, 5A22, 5A27, 5A28,
              5A-44)           empties       257              5A29, 5A33, 5A34, 5A36,
                                                              5A38, 5A39, 5A41, 5A43 and
                                                              5A44      tallied     amongst
                                   
                                                              themselves and also tallied
                                                              with    the      empties    of
                                                              cartridges test fired from Art.
                                                              10- AK 47 rifle
                                                              Ex.5A1, 5A4, 5A6, 5A8, 5A9,
        

                                                              5A11, 5A13, 5A14, 5A17,
                                                              5A19, 5A23 to 5A26, 5A 30 to
                                                              5A32, 5A35, 5A37, 5A40 and
     



                                                              5A42      tallied     amongst
                                                              themselves and also tallied
                                                              with    the      empties    of
                                                              cartridges test fired from Art.
                                                              427 - AK 47 rifle





      9       Art.235 colly Eight  7.62 Recovered    at Ex.6A, 6E, 6F, 6G & 6H
              (BL 1014-08 short    rifle C.S.T.   under tallied amongst themselves
              Ex.6A to 6H) empties       panchanama Ex. and also tallied with the
                                         257            empties of cartridges test
                                                        fired from Art.10- AK 47 rifle
                                                        Ex.6A, 6C & 6D tallied
                                                        amongst themselves and also





                                                        tallied with the empties of
                                                        cartridges test fired from Art.
                                                        427- AK 47 rifle




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                                        384




                                                                                   
      1        2             3                 4                          5




                                                           
      10 Art.237colly Six 7.62 mm Recovered      at   Ex.7A,7C,7E & 7F tallied




                                                          
         (BL 1014-08 short     rifle C.S.T.   under amongst themselves and also
         Ex.7A to 7F) empties        panchanama     tallied with the empties of
                                     Ex.257         cartridges test fired from Art.
                                                    10- AK 47 rifle.
                                                    Ex.7B & 7D tallied amongst
                                                    themselves and also tallied




                                             
                                                    with the empties of cartridges
                                                    test fired from Art.427 - AK
                              ig                    47 rifle.
     11   Art.243colly Sixteen 7.62 Recovered    at     Ex.9A,9C,9F,9L to 9O tallied
          (BL 1014-08 mm       short C.S.T.   under     amongst themselves and also
          Ex.9A to 9P) rifle empties panchanama         tallied with the empties of
                                     Ex.257             cartridges test fired from Art.
                            
                                                        10- AK 47 rifle.
                                                         Ex.9B,9D,9E,9G,9H,9I,9J,9K &
                                                        9P         tallied     amongst
                                                        themselves and also tallied
                                                        with the empties of cartridges
        

                                                        test fired from Art.427 - AK
                                                        47 rifle.
     



     12   Art.245     One      7.62 Recovered    at Ex.10 tallied with the empties
          (BL 1014-08 mm      short C.S.T.    under cartridges test fired from Art.
          Ex.10)      rifle empty   panchanama      10 - AK 47 rifle
                                    Ex.257
      13 Art.254colly Five       7.62 Recovered    at   Ex.11A, 11B & 11C tallied





         (BL 1014-08 mm         short C.S.T.    under   amongst themselves and also
         Ex.11A      to rifle empties panchanama        tallied with the empties of
         11E)                         Ex.257            cartridges test fired from Art.
                                                        10- AK 47 rifle.
                                                            Ex.11D & 11E tallied
                                                        amongst     themselves     and
                                                        also tallied with the empties





                                                        of cartridges test fired from
                                                        Art.427- AK 47 rifle.




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                                           385




                                                                                    
      1        2               3                 4                         5




                                                            
     14   Art.256colly Three 7.62 Recovered at C.S.T.         Ex.12A & 12B tallied
          (BL 1014-08 short      rifle under panchanama       amongst themselves and
          Ex.12A      to empties       Ex.257                 also tallied with the




                                                           
          12C)                                                empties of cartridges
                                                              test fired from Art.10- AK
                                                              47 rifle.
                                                              Ex.12C tallied with the
                                                              empties of cartridges
                                                              test fired from Art.427 -




                                                
                                                              AK 47 rifle.
      15 Art.260 colly    Thirteen       Recovered at C.S.T. Ex.14C to 14F & Ex.14I
         (BL 1014-08      7.62  ig mm under panchanama to 14M tallied amongst
         Ex.14A      to   short    rifle Ex.259              themselves     and    also
         14M)             empties                            tallied with the empties
                                                             of cartridges test fired
                                                             from Art.10- AK 47 rifle.
                              
                                                             Ex.14A, 14B, 14G & 14H
                                                             tallied          amongst
                                                             themselves     and    also
                                                             tallied with the empties
                                                             of cartridges test fired
        

                                                             from Art.427 - AK 47
                                                             rifle.
     



16 Art.352 colly Three .38" Recovered at Cama Ex.3A to 3C tallied (BL 990C-08 revolver Hospital (In) under amongst themselves and Ex.3A to 3C) empties panchanama Ex.486 also tallied with the empties of test fired cartridges from the revolver Art.346 17 Art.399 colly Twelve 7.62 These empties were Ex.10E, 10F,10G, 10H, (BL 990B-08 mm short found in bushes on 10I 10K & 10L tallied Ex.10A to rifle empties the opposite side of amongst themselves and 10L) ATM and seized also tallied with the under panchanama empties of cartridges Ex.524 test fired from Art.427 -

                                       (Cama Out)             AK 47 rifle.
                                                               Ex.10A, 10B, 10C & 10D
                                                              tallied amongst them-
                                                              selves and also tallied
                                                              with the empties of




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                                            386




                                                                                        
      1         2             3                    4                           5




                                                                
          contd..                 --                   --       cartridges test fired from
           Art.399 colly                                        Art.10- AK 47 rifle.
                                                                Ex.10J     tallied with the




                                                               
                                                                empties of cartridges test
                                                                fired from Art.12- AK 47
                                                                rifle.
      18 Art.411 colly  Three   7.62 Recovered                     Ex.12B & 12C tallied
         (BL    990B-08 mm short rifle under                    amongst themselves and
         Ex.12A to 12C) empties        panchanama               also    tallied    with  the




                                                 
                                       Ex.524                   empties of cartridges test
                                       (Cama Out)               fired from Art.427- AK 47
                               ig                               rifle.
                                                                Ex.12A      tallied with the
                                                                empties of cartridges test
                                                                fired from Art.10- AK 47
                                                                rifle.
                             
      19 Art.419 colly  Two 7.62 mm          Recovered          Ex.13A & 13B tallied
         (BL    990B-08 short    rifle under                    amongst themselves and
         Ex.13A & 13B) empties         panchanama               also    tallied with   the
                                       Ex.524                   empties of cartridges test
                                       (Cama Out)               fired from Art.427- AK 47
        

                                                                rifle.
     20   Art.423colly   Two 7.62 mm        Recovered           Ex.14A & 14B tallied
     



          (BL    990B-08 short      rifle   under               amongst themselves and
          Ex.14A & 14B) empties     and     panchanama          also    tallied with   the
                         two     broken     Ex.524              empties of cartridges test
                         pieces        of   (Cama Out)          fired from Art.10- AK 47
                         copper jackets                         rifle.





      21 Art.451 colly    Four         7.62 Two      empties    Ex.30A1,      30A2    tallied
         (BL    990B-08 short          rifle were found in      amongst themselves and
         Ex.30A1       to empties            the front leg      also    tallied  with     the
         30A4)                               space and two      empties of cartridges test
                                             empties    were    fired from Art.10- AK 47
                                             found in the       rifle.
                                             space of middle    Ex.30A3 & 30A4 tallied





                                             portion       of   amongst themselves and
                                             Qualis    police   also    tallied  with     the
                                             vehicle. Seized    empties of cartridges test
                                             under              fired from Art.12- AK 47
                                             panchanama         rifle.
                                             Ex.529




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                                              387




                                                                                          
      1          2               3                   4                           5




                                                                  
      22 Art.455 colly. Two 7.62          These      empties    Ex.24A      &   24B     tallied
         (BL   990B-08 mm short           found in leg space    amongst themselves and
         Ex.24A & 24B rifle               of middle seat of     also tallied with the empties




                                                                 
                        empties           Qualis     Vehicle.   of cartridges test fired from
                                          They were seized      Art.10- AK 47 rifle.
                                          under
                                          panchanama     Ex.
                                          529
     23   Art.511 colly      Three 7.62             --             Ex.20A    tallied with the




                                                   
          (BL   990B-08      mm short                           empties of cartridges test
          Ex.20A        to   rifle                              fired from Art.10 - AK 47
          20C)               empties
                                  ig                            rifle.
                                                                Ex.20B      &     20C   tallied
                                                                amongst themselves and
                                                                also tallied with the empties
                                                                of cartridges test fired from
                                
                                                                Art.12 - AK 47 rifle.
     24   Art.528colly  Fifteen      9                   --     Ex.4A, 4E, 4H, 4I, 4K, 4L, 4M
          (BL   990C-08 mm                                      & 4O fired from one single 9
          Ex.4A to 4O)  empties                                 mm pistol/ carbine.
                                                                Ex.4B, 4C, 4D, 4F, 4G, 4J, 4N
        

                                                                fired   from    one     single
                                                                another    9    mm      pistol/
     



                                                                carbine.
     25   Art.529colly  Three 7.62                  --           Ex.5A to 5C tallied amongst
          (BL   990C-08 mm short                                themselves and also tallied
          Ex.5A to 5C)  rifle                                   with    the    empties    of
                        empties                                 cartridges test fired from





                                                                Art.427 - AK 47 rifle.
     26   Art.624 colly Twenty            Recovered     at Ex.7A, 7V & 7D tallied
          (BL   1102-08 two   7.62        Leopold    hotel amongst themselves and
          Ex.7A to 7V)  mm short          under            also tallied with the empties
                        rifle             panchanama   Ex. cartridges test fired from
                        empties           732              Art.682 - AK 47 rifle.
                                                           Ex.7U, 7F, 7P, 7T, 7I, 7E, 7N,





                                                           7O, 7J, 7Q, 7G, 7L, 7C, 7B,
                                                           7K, 7M, 7R, 7H & 7S tallied
                                                           amongst themselves and
                                                           also tallied with the empties
                                                           cartridges test fired from
                                                           Art.684 - AK 47 rifle.




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      1         2             3                   4                            5




                                                                
     27   Art.626 colly Seventeen        Recovered at      Ex.8A, 8E, 8C, 8G, 8I, 8J, 8H,
          (BL 1102-08 7.62       mm      Leopold hotel     8M, 8N & 8L tallied amongst
          Ex.8A to 8O) short     rifle   under             themselves and also tallied




                                                               
                        empties          panchanama        with the empties cartridges
                                         Ex.732            test fired from Art.682 - AK 47
                                                           rifle.
                                                           Ex.8Q, 8K, 8F, 8D, 8P, 8B & 8O
                                                           tallied amongst themselves
                                                           and also tallied with the




                                                 

empties of cartridges test fired from Art.684 - AK 47 rifle.

     28   Art.656colly Seven    7.62
                               ig        Marcos            Ex.16A, 16B, 16E & 16F tallied
          (BL    41-09 mm short rifle    commando          amongst themselves and also
          Ex.16A     to empties          handed over to    tallied with the empties of
          16G)                           the police at     cartridges test fired from Art.
                                         Hotel Taj under   682 - AK 47 rifle.
                             
                                         panchanama        Ex.16C, 16D & 16G tallied
                                         Ex.744            amongst themselves and also
                                                           tallied with the empties of
                                                           cartridges test fired from Art.
                                                           684 - AK 47 rifle.
        

     29   Art.660 colly 161    9mm Recovered at Ex.18A1 to 18A161 9 mm
           (BL 1095-08 empties     Hotel Taj under pistol/carbine cartridge cases.
     



          Ex.18A1 to               panchanama
          18A161)                  Ex.746
     30   Art.661 colly Eighteen 7.62 Recovered on         Ex.17R      not     suitable  for
          (BL 1095-08 mm short rifle the      ground       comparison.
          Ex.17A      to empties      floor of Hotel       Ex.17B, 17C, 17D, 17E, 17F &





          17R)                        Taj and seized       17G         tallied       amongst
                                      under                themselves and also tallied
                                      panchanama           with the empties of cartridges
                                      Ex.746               test fired from Art.682 - AK 47
                                                           rifle.
                                                           Ex.17H & 17J tallied amongst
                                                           themselves and also tallied





                                                           with the empties of cartridges
                                                           test fired from Art.683 - AK 47
                                                           rifle.




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      1          2           3                   4                         5




                                                           
          contd..            ---                 ---            Ex.17A, 17L, 17M, 17N




                                                          
          Art.661 colly                                         17O, 17P, 17Q & 17K
                                                                tallied         amongst
                                                                themselves and also
                                                                tallied with the empties
                                                                of cartridges test fired
                                                                from Art.684 - AK 47




                                               
                                                                rifle
    31    Art.674     One      7.62 Recovered at Hotel Ex.14 tallied with the
          (BL 1095-08 mm/.30" pistol Taj
                              ig                  under empties of cartridges
          Ex.14)      empty          panchanama Ex.750 test fired from Art.686 -
                                                        AK 47 rifle
    32    Art.675     Two 9        mm Recovered at Hotel Ex.15A & 15B fired 9
                            
          (BL 1095-08 empties         Taj          under mm        pistol/carbine
          Ex.15A    &                 panchanama Ex.751 cartridge cases.
          15B)
    33    Art.676     One 7.62 mm Recovered at Hotel Ex.15C tallied with the
          (BL 1095-08 short    rifle Taj          under empties of cartridges
        

          Ex.15C)     empty          panchanama Ex.751 test fired from Art.681-
                                                        AK 47 rifle
     



    34    Art.679 colly Seven    7.62   These empties were      Ex.16A, 16B, 16C & 16D
          (BL 1095-08 mm short rifle    found in crystal hall   tallied          amongst
          Ex.16A      to empties        near the metal box      themselves and also
          16G)                          and seized under        tallied with the empties
                                        panchanama Ex.757       of cartridges test fired
                                                                from Art.682 - AK 47





                                                                rifle.
                                                                Ex.16E tallied with the
                                                                empties cartridges test
                                                                fired from Art.683 - AK
                                                                47 rifle.
                                                                Ex.16F & 16G tallied
                                                                amongst       themselves





                                                                and also tallied with the
                                                                empties of cartridges
                                                                test fired from Art.684 -
                                                                AK 47 rifle.




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      1         2             3                    4                      5




                                                           
                                                          
     35   Art.688A        (BL One 7.62 mm C.W.3            handed    Ex.10A       tallied
          1095-08 Ex.10A)     short rifle empty over    to     the   with the empty
                                                Colaba      P.Stn.   cartridge       test
                                                before PW 196        fired from Art.682
                                                and seized under     - AK 47 rifle.
                                                panchanama Ex.




                                                 
                                                760
     36   Art.718 colly       Forty     9    mm Recovered    at Ex.5B1 to 5B4
          (BL 1123-08)        empties
                               ig               Nariman   house fired 9 mm pistol
          (Ex.5B1 to 5B40)                      under           cartridge cases.
                                                panchanama Ex.
                                                774
                             
     37   Art.725 colly     Sixteen     9    mm Recovered    at Ex.6A to 6D are
          (BL 1123-08 Ex.6A empties             Nariman         fired 9 mm pistol
          to 6P)                                house     under cartridge cases.
                                                panchanama Ex.
                                                774
        

     38   Art.726 colly      Twenty        three   Recovered    at   Ex.6B1 to 6B22
           (BL 1123-08       7.62 mm short         Nariman           tallied   amongst
          Ex.6B1 to 6B22 and rifle empties         house     under   themselves     and
     



          Ex.6C)                                   panchanama Ex.    also tallied with
                                                   774               the        empties
                                                                     cartridges    fired
                                                                     from Art.694 - AK
                                                                     47 rifle.





                                                                     Ex.6C fired 5.56
                                                                     mm rifle cartridge
                                                                     case
     39   Art.731 colly     Twenty eight       9 Recovered    at     Ex.7A1    to   Ex.
          (BL 1123-08 Ex.7A mm empties           Nariman             7A28 are fired 9
          to 7A28)                               house     under     mm           pistol
                                                 panchanama Ex.      cartridge cases.





                                                 774




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      1         2               3                  4                          5




                                                              
     40   Art.748 colly Fifty nine 7.62 Recovered    at       Ex.11A1 to 11A6, 11A9 to
          (BL 1123-08 mm short rifle Nariman                  11A11, 11A13 to 11A19
          Ex.11A)       empties         house     under       and 11A21 to 11A58 tallied
                                        panchanama Ex.        amongst themselves and
                                        774                   also tallied with empties




                                                  
                                                              cartridges fired from Art.
                                                              694 - AK 47 rifle.
                                 ig                           Ex.11A1,     11A3,     11A7,
                                                              11A8, 11A12 & 11A20
                                                              tallied amongst themselves
                                                              and     also   tallied   with
                                                              empties cartridges fired
                               
                                                              from Art.695 - AK 47 rifle.
     41   Art.749 colly    One hundred      Recovered    at   Ex.11B1 to 11B149 are
          (BL 1123-08      and forty nine   Nariman           fired 9 mm pistol cartridge
          Ex.11B1          9 mm empties     house     under   cases.
          11B149           Two 7.62mm/.     panchanama Ex.    Ex.11C1 & 11C2 tallied
        

          Ex.11C1      &   30" pistol       774               amongst themselves and
          11C2)                                               also    tallied   with  the
                                                              empties cartridges fired
     



                                                              from Art.697 - Pistol
      42 Art.751colly Twelve 9 mm Recovered    at Ex.12A1 to 12A12 fired 9
          (BL 1123-08 empties     Nariman         mm pistol cartridge cases.
         Ex.12A1     to           house     under
         12A12)                   panchanama Ex.





                                  774
     43   Art.752 colly Five 7.62 mm Recovered      at        Ex.12B1, 12B3, 12B4 tallied
           (BL 1123-08 short      rifle Nariman               amongst themselves and
          Ex12B)        empties         house    under        also tallied with empties of
                                        panchanama Ex.        cartridges fired from Art.
                                        774                   694- AK 47 rifle





                                                              Ex.12B2 & 12B5 tallied
                                                              amongst themselves and
                                                              also tallied with empties
                                                              cartridges fired from Art.
                                                              695- AK 47 rifle




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      1        2             3                4                         5




                                                        
     44   Art.755 colly Five 9 mm Recovered       at Ex.13A1 to 13A5 fired 9




                                                       
          (BL 1123-08 empties     Nariman            mm     pistol cartridge
           Ex.13A1 to             house        under cases.
          13A5)                   panchanama Ex.774
     45   Art.780 colly Two    7.62 Recovered at Hotel Ex.8A     & 8B    tallied
          (BL 1119-08 mm      short Oberoi       under amongst themselves and

Ex.8A & 8B) rifle empties panchanama Ex.790 also tallied with the empties of cartridges fired from Art.765 - AK ig 47 rifle.

46 Art.812 colly Fifty four 9 Recovered at Hotel Ex.9A1 to 9A54 are fired (BL 1119-08 mm empties Oberoi under 9 mm pistol cartridge Ex.9A1 to panchanama Ex.804 cases 9A54) 47 Art.837 colly Eleven 7.62 Recovered at Hotel Ex.12A, 12D, 12E, 12F, (BL 1119-08 mm short Oberoi under 12G, 12H, 12I and 12J Ex.12A to rifle empties panchanama Ex.804 tallied amongst 12K) themselves and also tallied with the empties cartridges fired from Art.

765 - AK 47 rifle.

     



                                                            Ex.12B, 12C & 12K
                                                            tallied           amongst
                                                            themselves     and   also
                                                            tallied with the empties
                                                            cartridges fired from Art.





                                                            768 - AK 47 rifle.

48 Art.839 colly Two 5.56 Recovered at Hotel Ex.13A & 13B fired 5.56 (BL 1119-08 mm empties Oberoi under mm rifle cartridge cases Ex.13A & panchanama Ex.804 13B) 49 Art.841 One 7.62 Recovered at Hotel Ex.14 tallied with (BL 1119-08 mm short Oberoi under empties of cartridge fired Ex.14) rifle empty panchanama Ex.804 from Art.765 - AK 47 rifle ::: Downloaded on - 09/06/2013 16:55:06 ::: AJN CONF2.10-Kasab 393 1 2 3 4 5 50 Art.843 colly Four 7.62 Recovered at Hotel No opinion is given (BL 1119-08 mm short Oberoi under regarding association Ex.15A to rifle empties panchanama Ex.804 with any weapon 15D) 51 Art 845 One Recovered at Hotel Ex.16 tallied with (BL 1119-08 7.62/.30" Oberoi under empties cartridges fired Ex.16) empty panchanama Ex.804 from Art.773 - Pistol 52 Art.850 One 7.62 Recovered at Hotel Not suitable for (BL 1119-08 mm short Oberoi ig under comparison Ex.11B) rifle empty panchanama Ex.804 53 Art.869 colly Two 7.62 -- Ex.1A & 1B fired 7.62 (BL 1026-08 mm short mm short rifle cartridge Ex.1A & 1B) rifle empties cases 54 Art.872 colly Two 7.62 -- Ex.3A & 3B fired 7.62 (BL 1026-08 mm short mm short rifle cartridge Ex.3A & 3B) rifle empties cases.

55 Art.881 colly Ten 9 mm -- Ex.1A to 1J fired 9 mm (BL 1059-08 empties pistol cartridge cases Ex.1A to 1J) 56 Art.882 colly Nine 9 mm -- Ex.2A to 2I fired 9 mm (BL 1059-08 empties pistol cartridge cases Ex.2A to 2I) 57 Art.883 colly Thirteen 9 -- Ex.3A to 3M fired 9 mm (BL 1059-08 mm empties pistol cartridge cases Ex.3A to 3M) 58 Art.895 One 7.62 -- Ex.1F fired 7.62 mm (BL 1084-08 mm short short rifle cartridge case Ex.1F) rifle empty 59 Art.903A Eight 9 mm NSG Commandos Ex.19A to 19H fired 9 colly empties Mr.Teli and Mr.Das mm pistol cartridge (BL 1119-08 has produced these cases Ex.19A to articles before police 19H) and seized under panchanama Ex.

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      1         2             3                 4                   5




                                                     
     60   Art.904 colly Four      7.62         --     Ex.20A to 20D tallied




                                                    
          (BL 1119-08 mm         short                amongst themselves and
          Ex.20A      to rifle empties                also tallied with empties
          20D)                                        of cartridges fired from
                                                      Art.765 - AK 47 rifle.
     61   Art.906 colly Four      7.62         --     Ex.22A to 22D tallied
          (BL 1119-08 mm         short                amongst themselves and




                                              
          Ex.22A      to rifle empties                also tallied with empties
          22D)                                        of cartridges fired from
                               ig                     Art.765 - AK 47 rifle.
     62   Art.907 colly Two       7.62          --      Ex.23A & 23B tallied
          (BL 1119-08 mm         short                amongst themselves and
          Ex.23A       & rifle empties                also tallied with empties
                             
          23B)                                        of cartridges fired from
                                                      Art.765 - AK 47 rifle.
     63   Art.909colly Three 9 mm               --    Ex.25A to 25C fired 9
          (BL 1119-08 empties                         mm     pistol cartridge
          Ex.25A      to                              cases.
        

          25C)
     64   Art.930 colly Four    7.62            --    Ex.1A to 1D       tallied
     



          (BL 1067-08 mm       short                  amongst themselves and
          Ex.1A to 1D) rifle empties                  also tallied with the
                                                      empties cartridges fired
                                                      from Art.684 - AK 47
                                                      rifle.





     65   Art.931 colly Two      7.62           --    Ex.1E & 1F        tallied
          (BL 1067-08 mm        short                 amongst themselves and
          Ex.1E & 1F)   rifle empties                 also tallied with the
                                                      empties of cartridges
                                                      fired from Art.684 - AK
                                                      47 rifle.
     66   Art.932     One      7.62             --    Ex.1G tallied with the





          (BL 1067-08 mm      short                   empties cartridges fired
          Ex.1G       rifle empty                     from Art.684 - AK 47
                                                      rifle.




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      1         2                3                   4                           5




                                                                 
     67    Art.933 colly  Thirteen   9                   --          Ex.1H to 1T fired 9 mm
           (BL    1067-08 mm empties                                 pistol cartridge cases.
           Ex.1H to 1T)




                                                    
     68    Art.934        One 12 bore                --              Ex.1U fired     12 bore
           (BL    1067-08 shotgun ig                                 shotgun cartridge case.
           Ex.1U)         empty
     69    Art.941        One 7.62 mm                --              Ex.1A fired       7.62 mm
           (BL    1068-08 short    rifle                             short rifle cartridge case
           Ex.1A)         empty
                                
     70    Art.942        One 9         mm           --              Ex.1A fired 9 mm pistol
           (BL    1068-08 empty                                      cartridge case
           Ex.1B)
      71    Art.944          One 7.62                     --         Ex.6A tallied with empty
        

           (BL    1095-08 mm/.30"                                    of cartridge fired from
           Ex.6A)         pistol empty                               Art.507 - Pistol
     



     72     Art.945       One      7.62                   --         Not     suitable          for
           (BL    1095-08 mm/.30"                                    comparison
           Ex.6B)         pistol empty
     73      Art.947   (BL       One 7.62                 --         Ex.17A     tallied   with
           41-09)            mm       short                          empty of cartridge fired





           (Ex.17A)          rifle empty                             from Art.681- AK 47 rifle





    195. For        the        sake       of     convenience,                  we          also

    reproduce the table which gives                            the     details       of     live

    cartridges seized by police from various                                  places and

    from      the      police        officers    who           were     involved in the




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                                             396

    operation:




                                                                                      
                                                              
                                   TABLE NO.8




                                                             
                                                  
          1            2             3                       4                         5
                               
                              
     Sr. Nature    of      Recovered  at      Description        of Opinion of the
     No. cartridge         (Panchanama        cartridge       cases C.A. / PW No.
         cases & B.L.      Ex.No.      &      produced in the court
        

         Number            Opinion            & Art.Numbers
                           (Ex.No).
     



          1           Seven Choupati          5 live - Art.21 colly      Randomly
              cartridges    Ex.110/           2 empties - Art.22 colly   selected
               (BL 990A/08 Opinion -Ex.347    2 bullets - Art.23 colly   cartridge cases
              Ex.6B)                          ( 9 mm pistol )            were found to be
                                                                         live    on    test
                                                                         firing/PW 157





          2           Seven Choupati          5 live - Art.31 colly      Randomly
              cartridges   Panchanama Ex.     2 empties - Art.32 colly   selected
               (BL 990A/08 110/               2 bullets - Art.33 colly   cartridge cases
              Ex.5B)       Opinion -Ex.347    ( 9 mm pistol )            were found to be
                                                                         live    on    test
                                                                         firing/PW 157





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                                                   397




                                                                                            
          1             2                 3                        4                         5




                                                                    
     3        Six cartridges Girgaon                4 live - Art.47 colly.      Randomly
              (BL 990A-08 Choupati                  2 empties - Art.48 colly.   selected
              Ex.7)           Panchanama            2 bullets - Art.49 colly.   cartridge cases
                             Ex.80                  (7.62 mm/.30" pistol)       were found to be




                                                                   
                             Opinion -Ex.347                                    live    on    test
                                                                                firing/PW 157
      4       Seven             Girgaon             5 live - Art.57 colly       Randomly
              cartridges        Choupati            2 empties - Art.58 colly    selected
              (BL 990A/08        Panchanama         2 bullets - Art.59 colly    cartridge cases




                                                        
              Ex.8)             Ex.80               (7.62 mm/.30" pistol)       were found to be
                                Opinion -Ex.347                                 live on test firing
                                     ig                                         /PW 157
      5       Twenty     four   Girgaon             20 live - Art.73 colly      Randomly
              cartridges        Choupati            4 empties - Art.74 colly    selected
              (BL 990A/08        Panchanama         4 bullets - Art.75 colly    cartridge cases
              Ex.10)            Ex.80               (7.62 mm short rifle)       were found to be
                                   
                                Opinion -Ex.347                                 live on test firing
                                                                                /PW 157
      6       Twenty     one    Girgaon             19 live - Art.88 colly      Randomly
              cartridges        Choupati            2 empties - Art.89 colly    selected
              (BL 990A/08        Panchanama         2 bullets - Art.90 colly    cartridge cases
        

              Ex.11)            Ex.80               (7.62 mm/.30" pistol)       were found to be
                                Opinion -Ex.347                                 live on test firing
     



                                                                                /PW 157
      7       Twenty     six    Girgaon             18 live - Art.160 colly     Randomly
              cartridges        Choupati            8 empties - Art.161         selected
              (BL 990A/08        Panchanama         colly                       cartridge cases
              Ex.9)             Ex.80               (8 were test fired in       were found to be





                                 Opinion -Ex.347    pipe) (7.62 mm short        live    on    test
                                                    rifle)                      firing/PW 157

          8   Eighteen          C.S.T.              16 live - Art.240 colly          Randomly
              cartridges        Panchanama Ex.      2 empties - Art.241 selected
              (BL 1014/08       257                 colly                   cartridge cases
              Ex.8A)            Opinion-Ex.321      (7.62 mm short rifle )  were found to be





                                                                            live     on   test
                                                                            firing/ PW 150




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          1           2                 3                       4                         5




                                                                                         
          9   Three          Cama     Hospital   1 live - Art.348            Randomly




                                                                 
              cartridges     (In)                2 empties - Art.349         selected
               (BL 990C/08   Panchanama Ex.      colly                       cartridge cases
              Ex.2)          486                 2 bullets - Art.350 colly   were found to be
                             Opinion-Ex.609       (.38" revolver)            live on test firing
                                                                             / PW 151




                                                                
      10 Ten cartridges Cama Out                 8 live - Art.431 colly      Randomly
          (BL 990B/08 Panchanama Ex.             2 empties - Art.432         selected
         Ex.4A)         529                      colly                       cartridge cases
                        Opinion Ex.553           2 bullets - Art.433 colly   were found to be
                                                 (9 mm pistol)               live on test firing
                                                                             / PW 151




                                                   
      11 Thirteen            Cama Out            11 live - Art.435 colly     Randomly
         cartridges          Panchanama Ex.
                                  ig             2 empties - Art.436         selected
         (BL 990B/08         529                 colly                       cartridge cases
         Ex.5A)              Opinion Ex.553      2 bullets - Art.437 colly   were found to be
                                                 (9 mm pistol)               live on test firing
                                                                             / PW 151
                                
      12 Twelve              Cama Out            10 live - Art.440 colly     Randomly
         cartridges          Panchanama Ex.      2 empties - Art.441         selected
         (BL 990B/08         529                 colly                       cartridge cases
         Ex.9A)              Opinion Ex.553      2 bullets - Art.442 colly   were found to be
                                                 (9 mm pistol)               live on test firing
                                                                             // PW 151
        


      13 Twenty seven        Cama Out            25 live - Art.445 colly     Randomly
         cartridges          Panchanama Ex.      2 empties - Art.446         selected
     



         (BL 990B/08         529                 colly                       cartridge cases
         Ex.6B)              Opinion Ex.553      2 bullets - Art.447 colly   were found to be
                                                 (9 mm pistol)               live on test firing
                                                                             / PW 151





      14 Eight               Cama Out            6 live - Art.484 colly      Randomly
         cartridges          Panchanama Ex.      2 empties - Art.485         selected
         (BL 990B/08         529                 colly                       cartridge cases
         Ex.16)              Opinion Ex.553      2 bullets - Art.486 colly   were found to be
                                                  (9 mm pistol)              live on test firing
                                                                             / PW 151
      15 Ten cartridges Cama Out                 8 live - Art.487 colly      Randomly





         (BL 990B/08 Opinion Ex.553              2 empties - Art.488         selected
         Ex.17)                                  colly                       cartridge cases

2 bullets - Art.489 colly were found to be (9 mm pistol) live on test firing / PW 151 ::: Downloaded on - 09/06/2013 16:55:08 ::: AJN CONF2.10-Kasab 399 1 2 3 4 5 16 Ten cartridges Cama Out 8 live - Art.490 colly Randomly selected (BL 990B/08 Panchanama 2 empties - Art.491 cartridge cases Ex.18) Ex.1411A colly were found to be Opinion Ex.553 2 bullets - Art.492 colly live on test firing/ (9 mm pistol) PW 151 17 Nine Cama Out 7 live - Art.493 colly Randomly selected cartridges Opinion Ex.553 2 bullets - Art.494 colly cartridge cases (BL 990B/08 2 empties - Art.495 were found to be Ex.19) colly live on test firing / (9 mm pistol) PW 151 18 Twenty eight Cama Out 26 live - Art.497 colly Randomly selected cartridges Opinion Ex.553 ig 2 bullets - Art.498 colly cartridge cases (BL 990B/08 2 empties - Art.499 were found to be Ex.22B) colly live on test firing / (7.62 mm short rifle) PW 151 19 Twenty three Cama Out 20 live - Art.500 colly Randomly selected cartridges Opinion Ex.553 2 bullets - Art.501 colly cartridge cases (BL 990B/08 3 empties - Art.502 were found to be Ex.23) colly live on test firing / (7.62 mm short rifle) PW 151 20 Four Cama Out 2 live - Art.504 colly Randomly selected cartridges Opinion Ex.553 2 bullets - Art.505 colly cartridge cases (BL 990B/08 2 empties - Art.506 were found to be Ex.21B) colly live on test firing / (7.62 mm/.30" pistol) PW 151 21 Seven Hotel Leopold 6 live - Art. 612 colly Randomly selected cartridges Panchanama 1 empty - Art.613 cartridge cases (BL 1102/08 Ex.732 (7.62 mm short rifle) were found to be Ex.1) Opinion Ex.905 live on test firing / PW 157 22 Seven Hotel Leopold 6 live - Art.619 colly Randomly selected cartridges Panchanama 1 empty - Art.620 cartridge cases (BL 1102/08 Ex.732 (7.62 mm/.30" pistol) were found to be Ex.2) Opinion Ex.905 live on test firing / PW 157 ::: Downloaded on - 09/06/2013 16:55:08 ::: AJN CONF2.10-Kasab 400 1 2 3 4 5 23 Fourteen Marcos were 13 live - Art.647 colly Randomly selected cartridges handed over 1 empty - Art.647A cartridge cases (BL 41/09 Ex. these articles & (7.62 mm short rifle) were found to be

2) seized under live on test firing / panchama Ex. PW 157 744 Opinion Ex.903 24 Thirty Panchanama 28 live - Art. 648 colly Randomly cartridges Ex.744 2 empties - Art.648A selected cartridge (BL 41/09 Ex. Opinion Ex.903 (7.62 mm short rifle) ig cases were found

4) to be live on test firing / PW 157 25 Thirty Panchanama 29 live - Art.649 colly Randomly cartridges Ex.744 1 empty - Art.649A selected cartridge (BL 41/09 Ex.6 Opinion Ex.903 (7.62 mm short rifle) cases were found to be live on test firing / PW 157 26 Twenty three Panchanama 22 live - Art.650 colly Randomly cartridges Ex.744 1 empty - Art.650A selected cartridge (BL 41/09 Ex. Opinion Ex.903 (7.62 mm short rifle) cases were found

8) to be live on test firing / PW 157 27 Thirty Panchanama 29 live - Art.651 colly Randomly cartridges Ex.744 1 empty - Art. 651A selected cartridge (BL 41/08 Ex. Opinion Ex.903 (7.62 mm short rifle) cases were found

10) to be live on test firing / PW 157 28 Thirty Panchanama 29 live - Art.652 colly Randomly cartridges Ex.744 1 empty - Art.652A selected cartridge (BL 41/08 Ex. Opinion Ex.903 (7.62 mm short rifle) cases were found

12) to be live on test firing / PW 157 ::: Downloaded on - 09/06/2013 16:55:08 ::: AJN CONF2.10-Kasab 401 1 2 3 4 5 29 One hundred Panchanama 121 live - Art.654colly Randomly and thirty two Ex.744 11 empties - Art.654A selected cartridge cartridges Opinion Ex.903 (7.62 mm short rifle) cases were found (BL 41/08 Ex. to be live on test

13) firing / PW 157 30 One hundred Hotel Taj 95 live - Art.665 colly Randomly cartridges Panchanama ig 5 empties - Art.666 selected cartridge (BL 1122/08 Ex.749 colly cases were found Ex.4) Opinion Ex.898 (7.62 mm short rifle) to be live on test firing / PW 157 31 Thirty eight Nariman House 35 live ) Randomly cartridges Panchanama 3 empties ) Art.703 selected cartridge (BL 1123/08 Ex.771 colly cases were found Ex.20) Opinion Ex.843 3 bullets ) to be live on test (7.62 mm short rifle) firing / PW 150 32 One hundred Panchanama 188 live ) Randomly and ninety Ex.771 4 empties) Art.704 colly selected cartridge two cartridges Opinion Ex.843 4 bullets ) cases were found (7.62 mm short rifle) to be live on test firing / PW 150 33 Fourteen Nariman House 13 live ) Randomly selected cartridges Panchanama 1 empty ) Art.706 colly cartridge cases (BL 1123/08 Ex.771 1 bullet ) were found to be Ex.22) Opinion Ex.843 (7.62 mm/.30" pistol) live on test firing / PW 150 34 Seven Hotel Oberoi 6 live - Art.777 colly Randomly selected cartridges Panchanama 1 empty - Art.778 cartridge cases (BL 1119/08 Ex.790 1 bullet - Art.779 were found to be Ex.7) Opinion Ex.841 (7.62 mm/.30" pistol) live on test firing / PW 150 ::: Downloaded on - 09/06/2013 16:55:09 ::: AJN CONF2.10-Kasab 402 1 2 3 4 5 35 Fifty four Hotel Oberoi 47 live - Art.818 colly Randomly selected cartridges Panchanama 7 empties - Art.819 cartridge cases (BL 1119/08 Ex.804 colly were found to be Ex.18A to 18F) Opinion Ex. 8 bullets - Art.820 colly live on test firing / 841 (7.62 mm short rifle) PW 150 36 One cartridge Hotel Oberoi 1 live - Art.849 Randomly selected (BL 1119/08 Panchanama (7.62 mm short rifle) cartridge cases Ex.11A) Ex.849 were found to be Opinion Ex. live on test firing / 841 PW 150 37 Nine cartridges NSG ig 8 live - Art.898A colly Randomly selected (BL 1119/08 Commando 1 empty - Art.898B cartridge cases Ex.4C1) Mr.Teli & 1 bullet - Art.898C were found to be Mr.Das handed (7.62 mm short rifle) live on test firing / over these PW 150 articles.

                         Panchanama
                         Ex.1030
                         Opinion     Ex.
                         841
        

      38 Four cartridges Hotel Oberoi         3 live - Art.899A colly                 Randomly
         (BL    1119/08 Panchanama            1 empty - Art.899B           selected cartridge
         Ex.4C2)         Ex.1030              1 bullet - Art.899C          cases were found
     



                         Opinion    Ex.       (7.62 mm short rifle)        to be live on test
                         841                                               firing / (PW 150)
      39 Three               Panchanama   3 live - Art.900 colly           Not suitable      for
         cartridges          Ex.1030      (7.62 mm short rifle)            comparison
         (BL    1119/08      Opinion  Ex.                                  / (PW 150)





         Ex.4C3 to 4C5)      841
      40 Sixteen             Hotel Oberoi     13 live - Art.901A colly     Randomly selected
         cartridges          Panchanama       3      empties-Art.901B      cartridge      cases
         (BL    1119/08      Ex.1030          colly                        were found to be
         Ex.4D)              Opinion    Ex.   3 bullets- Art.901C colly    live on test firing /
                             841              (7.62 mm/.30" pistol)        (PW 150)





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          1         2               3                    4                          5




                                                          
      41 Twelve         Hotel Oberoi     11 live - Art.911A colly   Randomly selected
         cartridges     Opinion Ex.841   1 empty- Art.911B          cartridge      cases
         (BL    1119/08                  1 bullet - Art.911C        were found to be
         Ex.27A)                         (7.62 mm short rifle)      live on test firing /




                                              
                                                                    (PW 150)
      42 Eight          Oberoiig       7 live - Art.912A colly      Randomly selected
         cartridges     Opinion Ex.841 1 empty - Art.912B           cartridge      cases
         (BL    1119/08                1 bullet - Art.912 C         were found to be
         Ex.27B)                       (7.62 mm short rifle)        live on test firing /
                                                                    (PW 150)
                            
      43 Two cartridges Nariman House 1 live - Art.916A             Randomly selected
         (BL   1123/08 Opinion Ex.843 1 empty - Art.916B            cartridge      cases
         Ex.27B)                      1 bullet - Art.916C           were found to be
                                      (7.62 mm short rifle)         live on test firing /
                                                                    (PW 150)
        

      44 Three          Hotel Taj        1 live - Art.935A          Randomly selected
         cartridges     Opinion          2 empties - Art.935B       cartridge      cases
     



         (BL    1067/08 Ex.873           (9 mm pistol)              were found to be
         Ex.2)                                                      live on test firing /
                                                                    (PW 157)
      45 Twelve           Hotel Taj      10 live - Art.998 colly    Randomly selected
         cartridges       Panchanama     2 empties - Art.999        cartridge      cases





         (BL    1122/08   Ex.1125        colly                      were found to be
         Ex.10)           Opinion Ex.898 (7.62 mm short rifle)      live on test firing /
                                                                    (PW 157)





196. We also deem it necessary to give a table which contains the details of the magazines seized by the police.

It is reproduced as under:

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                                        TABLE NO.9




                                                                                          
                                                                  
        1         2                 3                  4                        5
    Sr.     Art.No./Lab Total number             Place     of Opinion of C.A.
    No.     No./Lab     of magazines             seizure  and (Ballistic Expert)




                                                                 
            Ex.number and         their          Panchanama
                        descriptions             Ex.No.




                                                      
    1       Art.20      One     9   mm Choupathy.     Ex.6A could easily sit in

(BL 990A/08 pistol magazine Seized under the butt stock cavity of 9 Ex.6A) ig panchanama mm pistol Art.18.

Ex.80.

2 Art.30 One 9 mm Choupathy. Ex.5A could easily sit in (BL 990A/08 pistol magazine Seized under the butt stock cavity of 9 Ex.5A) panchanama Ex. mm pistol Art.29.

80.

3 Art.36A One 7.62 mm Choupathy. Ex.19 could easily sit in (BL 990/A-08 short rifle Seized under the magazine cavity of Ex.19) magazine panchanama Ex. 7.62 mm assault rifle Art.

bearing No.94/3 80. 12(Ex.1) and Art.10(Ex.2) 4 Art.36B colly Two 7.62 mm Choupathy. Ex.20A & 20B could easily (BL 990/A-08 short rifle Seized under sit in the magazine cavity of Ex.20A & magazine panchanama Ex. of 7.62 mm assault rifle 20B) bearing Nos. 80. Art.12(Ex.1) and Art.10(Ex.

                             94/1 & 94/4                          2)
    5       Art.45       One     9   mm          Choupathy.       Ex.17 could easily sit in
            (BL 990/A-08 pistol magazine         Seized   under   the magazine cavity of





            of Ex.17)    attached to Art.        panchanama Ex.   7.62mm/.30"pistols     Art.

14 80. 14(Ex.3) and Art.16(Ex.4) 6 Art.55 One 7.62mm /. Choupathy. Ex.18 could easily sit in (BL990/A-08 30" pistol Seized under the magazine cavity of Ex.18) magazine found panchanama Ex. 7.62mm/.30"pistols Art.

in the black 80. 14(Ex.3) and Art.16(Ex.4) pouch Art.53 7 Art.71 colly Two 7.62 mm Choupathy. Ex.21A & 21B could easily (BL 990A/08 short rifle Seized under sit in the magazine cavity Ex.21A & magazines panchanama Ex. of 7.62 mm assault rifle 21B) attached to Art. 80. Art.12(Ex.1) and Art.10(Ex.

                             10                                   2)




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          1              2                 3                         4                         5




                                                                      
    8         Art.86 colly      Three           Choupathy.      Ex.22A to 22C could easily sit in
              (BL 990A/08       7.62mm     /.   Seized          the    magazines    cavity     of
              Ex.22A       to   30"    pistol   under           7.62mm/.30"pistols Art.14(Ex.3)




                                                                     
              22C)              magazines       panchanama      and Art.16(Ex.4)
                                                Ex.80.
    9         Art.227colly Four    7.62 C.S.T.        Ex.4A to 4D were the magazines
              (BL 1014/08 mm      short        Seized of 7.62 mm/ copy of Soviet
              Ex.4A to 4D) rifle        under         assault rifles.
                           magazines    panchnama




                                                        
                                        Ex.257
    10        Art.239     One     7.62ig        C.S.T        Ex.8B was the magazine of 7.62
              (BL 1014/08 mm     short          Seized under mm/ copy of Soviet assault rifle.
              Ex.8B)      rifle                 panchnama
                          magazine              Ex.257
                                    
    11        Art.253 colly     Four    7.62    C.S.T        Ex.11F  to    11I   were  the
              (BL 1014/08       mm     short    Seized under magazines of 7.62 mm/ copy of
              Ex.11F      to    rifle           panchnama Soviet assault rifles.
              11I)              magazines       Ex.257
    12        Art.258 colly Two 7.62 mm C.S.T.          Ex.13A    &    13B     were the
              (BL 1014/08 short      rifle       Seized magazines of 7.62 mm/ copy of
          

              Ex.13A       & magazines     under        Soviet assault rifles.
              13B)                         panchnama
       



                                           Ex.257
    13        Art.428     One      7.62         Cama     out.             --
              (BL 990B/08 mm      short         Seized under
              Ex.7)       rifle                 panchanama
                          magazine              Ex.529





                          attached to
                          Art.427
    14        Part of Art. One 9 mm             Cama     out.            --
              430 colly    pistol               Seized under
              (BL 990B/08 magazine              panchanama
              Ex.4)                             Ex.529





    15        Part of Art. One 9 mm             Cama     out.            --
              434 colly (BL pistol              Seized under
              990B/08 Ex. magazine              panchanama
              5)                                Ex.529
    16        Part of Art. One 9 mm             Cama     out.            --
              439 colly    pistol               Seized under
              (BL 990B/08 magazine              panchanama
              Ex.9)                             Ex.529




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          1              2                3                  4                        5




                                                             
    17        Part of Art. One magazine       Cama out.                    --




                                                            
              444 colly    of carbine         Seized     under
              (BL 990B/08                     panchanama   Ex.
              Ex.6A)                          529
    18        Art.496     One 7.62        mm Cama Out.           Ex.22A was the empty
              (BL 990B/08 assault         rifle                  magazine of 7.62 mm
              Ex.22A)     magazine                               assault rifle having




                                                   
                                                                 capacity of 30 rounds
    19        Art.503     One magazine Cama Out.
                                   ig                            Ex.21A was 7.62(.30")
              (BL 990B/08 of pistol                              magazine.
              Ex.21A)
    20        Part of Art. One 7.62 mm/. Hotel Taj.              Ex.5A could easily sit
                                 
              508 colly    30"      pistol                       in the butt stock cavity
              (BL 1095/08 magazine                               of the 7.62 mm/30"
              Ex.5A)                                             pistol Art.507
    21        Art.513     One 9 mm pistol Cama Out               Ex.513 could easily sit
              (BL 990B/08 magazine                               in the butt stock cavity
              Ex.25)                                             of 9 mm caliber pistol
        

                                                                 Art.326
    22        Art.515 colly Two 7.62      mm Cama Out            Ex.26A & 26B were the
     



              (BL 990B/08 assault         rifle                  empty magazines of
              Ex.26A       & magazine                            7.62 mm assault rifle
              26B)                                               having capacity of 30
                                                                 rounds
    23        Art.608 colly   Two 7.62    mm Hotel Leopold       Ex.3A & 3B could





              (BL 1102/08     assault     rifle Panchanama   Ex. easily   sit   in  the
              Ex.3A & 3B)     magazines         732              magazine cavity of
                                                                 7.62 mm assault rifles
                                                                 like Ex.1 to 4(Art.681
                                                                 to 684) of BL 1095-08
    24        Art.610colly    Two 7.62    mm Hotel Leopold       Ex.4A & 4B could





              (BL 1102/08     assault     rifle Panchanama   Ex. easily   sit   in  the
              Ex.4A & 4B)     magazines         732              magazine cavity of
                                                                 7.62 mm assault rifles
                                                                 like Ex.1 to 4(Art.681
                                                                 to 684) of BL 1095-08




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          1             2               3                       4                         5



    25        Art.646colly Seven 7.62 mm        Marcos     were        Ex.1A,1B,3,5,7,9 & 11




                                                                
              (BL 41/09     short rifle empty   handed over to       could easily sit in the
              Ex.1A,1B,     magazines           the police and       magazine cavity of the
              3,5,7,9 & 11)                     seized    under      7.62 mm assault rifles in
                                                panchanama Ex.       Ex.1 to 4 (Art.681 to 684
                                                744                  of BL 1095-08)




                                                     
    26        Art.672colly Two empty rifle Hotel Taj      Ex.12A & 12B could
              (BL 1095-08 magazines        Panchanama Ex. easily    sit    in    the
              Ex.12A      &        ig      750            magazine cavity of the
              12B)                                        7.62 mm assault rifle in
                                                          Ex.1 to 4 (Art.681 to 684
                                                          of BL 1095-08)
    27        Art.673colly Two empty rifle Hotel Taj      Ex.13A & 13B could
                                 
              (BL 1095-08 magazines        Panchanama Ex. easily    sit    in    the
              Ex.13A      &                750            magazine cavity of the
              13B)                                        7.62 mm assault rifle in
                                                          Ex.1 to 4 (Art.681 to 684
                                                          of BL 1095-08)
        

    28        Part of Art. One 7.62mm/ .        Art.677      colly             ---
              677 colly    30"      pistol      were found on
     



              BL 1122/08 magazine               debris and seized
              Ex.2)                             under
                                                panchanama Ex.
                                                752
    29        Art.678 colly One     empty Art.678 found on           Ex.3 empty magazine of





              (BL 1122/08 pistol magazine debris and seized          7.62    mm/.30"      pistol
              Ex.3)                       under                      having      capacity     to
                                          panchanama Ex.             accommodate          about
                                          752                        eight bottle neck shaped
                                                                     7.62    mm/.30"      pistol
                                                                     cartridges.
    30        Art.685 colly Nine AK-47 rifle Art.685colly had        Ex.4A,7A,7B,7C,8A,8B,





              (BL 1095/08 magazines          produced by C.W.        8C,9A & 9B could easily
              Ex.4A,7A,7B,                   3    and    seized      sit in the magazine
              7C,8A,8B,8C,                   under                   cavity of the 7.62 mm
              9A & 9B)                       panchanama Ex.          assault rifle in
                                             760                     Ex.1 to 4 (Art.681 to 684
                                                                     of BL 1095-08)




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          1            2              3                    4                          5



    31        Art.686A      One     pistol C.W.3          has             ---




                                                            
              (BL   1095/08 magazine       produced Art.686A.
              Ex.6)                        Seized       under
                                           panchanama     Ex.
                                           760
    32        Art.691 colly  Two   carbine Hotel Taj. Seized Ex.2A & 2C could easily
              (BL 139/08 Ex. magazines     under panchanama sit in the magazine




                                                 
              2A & 2C)                     Ex.763            cavity of 9 mm carbine
    33        Art.699 colly Sixteen AK-47
                                 ig         C.W.4 had handed     Ex.14A,14B,15A,15B,
              (BL   1123/08 rifle           over Art.699 colly   16A,16B,17,18,19 and
              Ex.14A,14B,   magazines       to Colaba P.Stn.     23A to 23G were readily
              15A,15B,16A,                  Seized      under    sitting into magazine
              16B,17,18,19                  panchanama    Ex.    cavity of the 7.62 mm
                               
              & 23A to 23G)                 771                  (short) assault rifles Ex.
                                                                 1(Art.694) Ex.2 (Art.695)
                                                                 of BL 1123/08
    34        Art.707 colly Two     pistol Panchanama      Ex. Ex.24A & 24B were
              (BL   1123/08 magazines      771                 readily     sitting   into
              Ex.24A & 24B)                                    magazine       cavity   of
        


                                                               pistols Art.696(Ex.3) and
                                                               Art.697(Ex.4)      of   BL
     



                                                               1123/08
    35        Part of Art.745 One    empty Panchanama      Ex. Ex.9A was readily sit
              colly           pistol       774                 into the magazine cavity
              (BL    1123/08 magazine                          of pistols Art.696 (Ex.3)
              Ex.9A)                                           and Art.697 (Ex.4) of BL





                                                               1123/08
    36        Art.771 colly Two    empty Hotel Oberoi          Ex.5A & 5B were readily
              (BL   1119/08 rifle        Panchanama        Ex. sitting into magazine
              Ex.5A & 5B)   magazines    790                   cavity of the 7.62 mm
                                                               (short) assault rifles Art.
                                                               694(Ex.1)    and       Art.





                                                               695(Ex.2)
    37        Art.775 colly Two     pistol Hotel Oberoi        Ex.6A & 6B were readily
              (BL   1119/08 magazines      Panchanama      Ex. sitting into magazine
              Ex.6A & 6B)                  790                 cavity of the 7.62 mm/.
                                                               30" pistols Art.773(Ex.3)
                                                               & Art.896 (Ex.4A) of BL
                                                               1119/08




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          1             2              3                     4                         5




                                                             
    38        Art.810 colly Six    AK-47 Hotel Oberoi   Ex.17A to 17F were readily
              (BL 1119/08 rifle          Panchanama Ex. sitting into magazine cavity
              Ex.17A      to magazines   804            of the 7.62 mm (short)
              17F)                                      assault rifles Art.694(Ex.1)
                                                        and Art.695(Ex.2)




                                                 
    39        Art.891 colly Two empty Hotel Oberoi          Ex.1A & 1B - magazines of
              (BL 1084/08 magazines                         7.62 mm/copy of soviet
              Ex.1A & 1B)         ig                        assault rifles
    40        Art.902 colly Two    empty NSG Commando       Ex.4E & 4F were readily
              (BL 1119/08 magazines of Mr.Teli        and   sitting into magazine cavity
              Ex.4E & 4F)   rifles       Mr.Das       had   of the 7.62 mm (short)

produced Art.902 assault rifles Art.694(Ex.1) colly. Seized and Art.695(Ex.2) under panchanama Ex.

1030

41 Art.903 colly Two empty Hotel Oberoi Ex.4G & 4H were readily (BL 1119/08 magazines of Panchanama Ex. sitting into magazine cavity Ex.4G & 4H) pistols 1030 of the 7.62 mm/.30" pistols Art.773(Ex.3) & Art.896 (Ex.

4A) of BL 1119/08 42 Art.910 colly Two empty Hotel Oberoi Ex.26A & 26B were readily (BL 1119/08 magazines of sitting into magazine cavity Ex.26A & rifles of the 7.62 mm (short) 26B) assault rifles Art.694(Ex.1) and Art.695(Ex.2) 43 Art.915 colly One pistol Hotel Oberoi Ex.27A was readily sit into (BL 1123/08 magazine the magazine cavity of Ex.27A) pistols Art.696 (Ex.3) and Art.697 (Ex.4) of BL 1123/08 44 Art.994 colly Two empty Hotel Taj Ex.6A & 6B were empty (BL 1122/08 magazines of PW 269 had magazines of 7.62 mm (AK Ex.6A & 6B) rifles produced Art.994 47/copy of soviet) assault and seized under rifles having capacity to panchanama Ex. accommodate about thirty 1125 7.62 mm short rifle cartridges.

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          1            2               3                   4                         5




                                                           
    45        Art.995     One      empty Hotel Taj                    Ex.7 was empty
              (BL 1122/08 magazine of rifle PW     269     had    magazines of 7.62 mm
              Ex.7)                         produced   Art.995    (AK 47/copy of soviet)
                                            and seized under      assault rifles having
                                            panchanama      Ex.   capacity             to
                                            1125                  accommodate       about




                                                 
                                                                  thirty 7.62 mm short
                                                                  rifle cartridges.
    46        Art.996

              Ex.8)
                          One
                                 
                                   empty Hotel Taj
              (BL 1122/08 magazine of rifle PW     269
                                            produced
                                                           had
                                                       Art.996
                                                                      Ex.8 was empty
                                                                  magazines of 7.62 mm
                                                                  (AK 47/copy of soviet)
                                            and seized under      assault rifles having
                                
                                            panchanama      Ex.   capacity             to
                                            1125                  accommodate       about
                                                                  thirty 7.62 mm short
                                                                  rifle cartridges.
    47        Art.997     One      empty Hotel Taj                    Ex.9 was empty
        

              (BL 1122/08 magazine of rifle    PW   269    had    magazines of 7.62 mm
              Ex.9)                         produced   Art.997    (AK 47/copy of soviet)
                                            and seized under      assault rifles having
     



                                            panchanama      Ex.   capacity             to
                                            1125                  accommodate       about
                                                                  thirty 7.62 mm short
                                                                  rifle cartridges.





197. The table showing panch witnesses, police officers, carriers and opinion of PW-172 Sandeep Chetti and PW-247 Rajendra Mavle is reproduced as under:

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                                    TABLE NO.10




                                                               
        1           2                   3                  4                     5
        Description     of      Description      of   Prosecutio     Prosecution
    Sr. suspected               articles    seized    n    witness   witness        No./




                                                              
    No. articles/ Place of      after     defusing    who            Exhibit No. of the
        seizure and the         the      suspected    carried the    written
        officer or panch        explosive articles    articles to    opinion/Opinion of
        of panchanama                                 the FSL        the C.A.




                                                 
     1      Soil collected from Soil          sample PW 432       - PW- 237/ Ex.206 RDX
            the deck.            collected from the Mr.B.B.         (Cyclonite),
            Kuber boat /         deck (DNA 433B/08 Mandre
                                 ig                                 petroleum
             PW 41               Ex.77 / M 3/09)-                   hydrocarbon oil and
            Panchanama       Ex. Art.197                            charcoal are detected
            182                                                     in Ex.77(Art.197)
                               
        2 Six pieces of the     Six pieces of the PW 432          - PW- 237/Ex.206 RDX
          foam of pink colour   foam of pink colour Mr.B.B.         (Cyclonite),
          seized from the       (DNA 433B/08 Ex. Mandre             petroleum
          boat                  75 / M 3/09)- Art.                  hydrocarbon oil and
          Kuber boat            202 colly                           charcoal are detected
          PW 42                                                     in Ex.75(Art.202)
          

          Panchanama      Ex.
          182
       



    3       Sample of Soil / Clay Sample        PW 82              PW-172/Ex.705
            C.S.T.  P.W.70 / (BL 1014/08 Ex.17) Mr.Sunil        R. Trinitrotoluene (TNT)
            Panchanama    Ex. Art.229           Patil              and nitrite radical
            257                                                    (post        explosion
                                                                   residue)         were





                                                                   detected in Ex.17
                                                                   (Art.229)
                                                                   Trinitrotoluene (TNT)
                                                                   is used as highly
                                                                   explosive.
    4       Sample of Soil /    Residue   collected PW 82          PW-172/Ex.705
            C.S.T.  P.W.70 /    from the place of Mr.Sunil      R. Trinitrotoluene (T