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TMI Blog2012 (8) TMI 1207X X X X Extracts X X X X X X X X Extracts X X X X ..... for murder; robbery/dacoity with an attempt to cause death or grievous hurt; and causing explosions punishable under the Explosive Substance Act, 1908. He was found guilty of all these charges besides many others and was awarded the death sentence on five counts, life-sentence on five other counts, as well as a number of relatively lighter sentences of imprisonment for the other offences. 2. Apart from the Appellant, two other accused, namely Fahim Ansari and Sabauddin Ahamed, both Indian nationals, were also arraigned before the trial court and indicted on the same charges as the Appellant. 3. At the end of the trial, however, the Appellant was convicted and sentenced to death as noted above (vide Judgment and order dated May 3/6, 2010 passed by the Addl. Sessions Judge, Greater Mumbai in Sessions Case No. 175 of 2009). The other two accused were acquitted of all charges. The trial court gave them the benefit of the doubt as regards the charges of conspiracy and abetment of other offences by conspiracy, and further held that the prosecution completely failed to establish those other charges that were made directly against them. 4. The Judgment by the trial court gave ris ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rs, who was holed up in Hotel Taj Mahal Palace, was killed by Indian security forces at about 9.00 AM on November 29. The brutal assault left Mumbai scarred and traumatized and the entire country shocked. The terrorists killed one hundred and sixty-six (166) people and injured, often grievously, two hundred and thirty-eight (238) people. A complete list of people killed and injured is appended at the bottom of the judgment as Schedule No. I, forming part of the judgment. The loss to property resulting from the terrorist attack was Assessed at over Rupees one hundred and fifty crores (Rs. 150 Cr.). The dead included eighteen (18) policemen and other security personnel and twenty-six (26) foreign nationals. The injured included thirty-seven (37) policemen and other security personnel and twenty-one (21) foreign nationals. of those dead, at least seven (7) were killed by the Appellant personally, seventy-two (72) were killed by him in furtherance of the common intention he shared with one Abu Ismail (deceased accused No. 1) and the rest were victims of the conspiracy to which he was a party along with the nine (9) dead accused and thirty-five (35) other accused who remain to be appre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m that from that point he was in her custody and not in the custody of the police. She asked him whether he was ill-treated or abused by the police in any manner and why he wanted to make the confessional statement. To her first question the Appellant replied in the negative, and as for the reasons for him making a confession he said he would explain everything when his statement was recorded in detail. The magistrate further satisfied herself that the Appellant was willing to make the confessional statement voluntarily and not under any pressure, coercion or allurement by the police or anyone else. Nonetheless, she did not take his statement on that day but told him that she wanted him to reflect further on the matter, for which purpose she was giving him 24 hours' time. She then remanded him to judicial custody where he was not accessible to the police or any other agency. 12. When the Appellant was brought back to her on February 18 at 11 AM, she had another long exchange with him. In the preliminary exchanges on the previous day she had found that the Appellant had no difficulty in following or speaking in Hindi; thus, the interaction between the magistrate and the Appel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uld not be in police custody but would be kept in jail in her custody. She advised him to reconsider the matter with a composed mind. She then remanded him to judicial custody with the direction that he be produced before her on February 20, 2009, at 11 AM. 15. The Appellant was produced before the magistrate as directed, on February 20 at 10.40 AM. The magistrate repeated the entire gamut of explanations and cautions at the end of which the Appellant said that he still wanted to make his confession. It was only then did the learned magistrate proceed to record the statement made by the Appellant Under Section 164 of the Code of Criminal Procedure. The statement could not be fully recorded on February 20 and it was resumed on February 21 at 10.40 AM. On that date, the recording of the statement was completed. The learned magistrate has maintained a meticulous record of the proceedings before her on all those dates, duly signed by the Appellant. After recording his statement, she also gave such certificates as required under Sub-Section 4 of Section 164 Code of Criminal Procedure. 16. Coming now to the main body of the confessional statement, it is in the form of a statement m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed with her husband at a village in Pathankot, district Okara, and the brother lived in Lahore with his wife. He gave the names of the spouses of the elder sister and the elder brother and their respective addresses. 18. After the immediate family he gave the names of his three paternal uncles, elder to his father, and their sons, who lived in village Mohammad Yar Chishti, Pathankot, district Okara, Pakistan. He also named a fourth paternal uncle, younger to his father, who lived with the Appellant's father. 19. He then gave the names of his Mamoon (mother's brother) and his three sons and a daughter and their address; and the name of his Khaloo (mother's sister's husband), his address and mobile phone number. 20. He gave the name of another sister of his mother whom he called 'Mamo' and her address. 21. He had two paternal aunts who were married. He gave their names and their addresses. He said that his Mamoon and Mousi (mother's brother and sister) had grown-up children. 22. Kasab added that his house at Faridkot had been taken by his father who earned his livelihood by plying carts. Kasab was fond of watching TV and Hindi movies; he nam ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of undergoing training for Jihad. 25. In December 2007, they took the address of the office of Lashkar-e-Toiba from a moulvi and reached its office at Raja Bazar, Rawalpindi. He added that the office was near Bangash Colony. There were two persons in the office who asked them the purpose of their visit. They replied that they wanted to undertake Jihad. The office people took their address in full and asked them to come the following day, with their clothes and other belongings. They returned the following day. On that day, a person in the office gave them a slip of paper with Daura-E-Suffa, Markaz-e-Toiba, Muridke written on it. He gave them directions for Muridke and told them to go there. They left for Muridke and, after traveling by bus for six hours, they reached Muridke bus stand. From there, they walked for about a kilometer and a half to reach the camp site. To the person there, they showed the letter and said that they had come for Daura-e-Suffa. After subjecting them to a search, he took them inside the office. There they showed the letter to a person called Fahadullah (wanted accused No. 8). He wrote down their names and addresses and admitted them for the training ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... kaz Aksa. They traveled for twelve (12) hours by bus to reach Mansera bus-stand from where they had to walk into the hilly region. There, at the entrance to the camp they were subjected to a search. They showed Fahadullah's note to the person at the gate and were allowed into the office. The person in the office wrote down detailed information concerning them in a register. After staying there for the day, they were taken to Buttel village in a van. From there the driver of the van led them to the top of the hill on foot - a walk of about thirty (30) minutes. 29. In this second training of twenty-one (21) days they did physical exercises and practiced running and climbing over mountains. They were also given training in dismantling and assembling 'Kalashan', rifles and pistols and taught how to fire these weapons. [Here the magistrate asked him the meaning of 'Kalashan'. He said 'Kalashan' meant AK 47 rifle]. The Saving of Muzaffar: 30. During this training, Muzzafar's elder brother came and took him from there. Further Training: 31. Kasab told the magistrate that after the Daura-e-Amma training a Mujahid could go home if he so wish ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bu Muavia (wanted accused No. 28) was the 'Ustad' of this training, which was conducted in the months of May, June and July, 2008. 35. Kasab told the magistrate that this training was of two and a half months in course of which they were turned into solid 'Jihadis'. They were given lessons in Hadis, Namaz and Quran. In addition, they were taught to dismantle and assemble Kalashans and many kinds of rifles and pistols, and to fire from those weapons, to operate rocket launchers and the use of hand grenades. They were also given training in the use of satellite phones, GPS systems and map-reading. The physical exercise comprised staying without food for 60 hours while climbing mountains with heavy loads on the back. He added that the training was very arduous, so much so that ten (10) Mujahedeens fled the training camp. Abu Muavia and Abu Hanzala (wanted accused No. 31) were the 'Ustad' for this Daura. 36. During that training, a person unknown to Kasab visited the camp. At that time, Ameer Hafiz Sayeed, Zaki-Ur-Rehman Lakhvi and Kafa were present there. Ameer Hafiz Sayeed and Zaki-Ur-Rehman Lakhvi embraced the visitor, and 'Ustad' Abu Muavia and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed one month, they were given intelligence training, such as gathering knowledge about the target, keeping watch on him, following him and dodging if someone were to follow them. Kasab described one of these tricks to the magistrate, telling her that if they suspected that they were being followed, they would switch on the indicator light on the right and then suddenly take a left turn. That is how they would find out if they were being followed. They learnt how to use fake identities while on a mission. Training in-charge Abu Sayeed gave special attention to this training. He would frequently come to them and make queries about the training. 42. During the training two of Kasab's colleagues, Nasad and Abu Muavia, left the camp and went away. 43. Abu Kafa and Imran (wanted accused No. 12) were the Ustad of this Dauara. During this training, Major General Saab came there twice. He watched them train and encouraged them. The Daura was completed in the end of August, 2008. At that time Muzammil alias Yusuf and Abu Al-Kama had also come there. Major Saab asked them if they could swim, to which they answered in the affirmative. Then Major Saab asked Kafa to give them marine tr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to each other at some distance from the rest of the group. After a while they came to the group and Zaki-ur-Rehman Lakhvi said that Major General Saab wanted to see their preparedness. Immediately, each of them was given a 'Kalashan' and a loaded magazine. Major General Saab asked Ameer Hafiz to have the targets fixed at which Ameer Hafiz directed Kafa to fix ten (10) targets. Major General Saab said that when he shouted fire they should fire a single shot and when he shouted fire twice they were to make 'rapid firing'. 48. All of them took position. Major General Saab watched them taking position and then he shouted fire . Each of them fired a single shot. Except Imran Babar, everyone shot the target. Ameer Hafiz Sayeed rebuked Imran Babar severely. Major General Saab, too, told Imran Babar to practice shooting properly. Major General Saab then asked everybody to take position. They all resumed position and Major General Saab shouted fire twice. All of them emptied their magazines. Major General Saab then walked upto the targets and inspected them closely. He asked who had fired at (target) No. 4. Kasab said it was he. Major General Saab complemented him ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Israelis because those people had greatly oppressed the Muslims. At VTS there would be a very large crowd and while firing there they should not think of whether their targets were Muslims or Hindus. They should just open 'brush fire' without any thought as to who they targeted. However, while firing at the hotels they should take care that no Muslim was killed in their attack. Then, Zaki-ur-Rehman Lakhvi asked the two buddies who were assigned the attack on the Taj Hotel and the Oberoi Hotel to set the two hotels on fire and to cause damage to them on a large scale. Zaki-ur-Rehman Lakhvi said that before launching the attack they must fix the RDX bombs around their targets. The bomb blasts would cause traffic jams and slow down the movement of the police coming to the rescue, and would thus make it easier for them to kill the policemen, besides many other people. 54. Ameer Hafiz Sayeed fixed the time for the attacks at 7.30 PM. When Kasab asked why the attack should take place at that particular time, Hafiz Sayeed explained that this was the time when the targeted places would be most crowded, and insisted that the attack must take place at 7.30 PM. Kafa told them tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in Mumbai to VTS and from VTS to Malabar Hill. Kafa also showed them some maps that were drawn by hand and told them that Fahim Ansari and Sabauddin Ahmed in Hindustan (Accused 2 3) had prepared those maps and sent them from there. He said that with the help of those maps they would easily reach the places targeted by them. Having told them how the maps were obtained, Kafa explained the maps to them. Kasab asked where Sabauddin and Fahim were. Kafa said both of them were arrested in Hindustan. Kasab asked why they were arrested, to which Kafa replied that they were arrested in connection with an attack made on a police camp at Rampur in India. Then, on the basis of one of the maps, he explained how long it would take them to go from Badhwar Park to VTS and from there to Malabar Hill. Kafa told them that Cooperage Ground and Azad Maidan fall on the way to VTS and told them to mention those places to the taxi driver. Kafa gave similar information to the other Buddiyas on the basis of the CD, Google Earth and the maps sent by Sabauddin and Fahim. 58. On the day of the fifteenth (15th) Roza, Abu Hamza and Kafa took the ten (10) Mujahedeens to the hills of Muzaffarabad. There the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d said that the work had been stopped for some time. At this Kasab said to Lakhvi that there was no need for them to wait. He could make their mission successful, according to the plan, and there was no need for him to worry. Kasab further said that he had longed for it for so many years and asked Lakhvi not to create any obstructions. At this, Zaki-ur-Rehman Lakhvi started laughing and said that he knew from the beginning that he was a firm Jihadi , but he asked him to wait for some time. The next day Zaki-ur-Rehman Lakhvi left, though the Mujahedeens continued to stay in the Azizabad house. During those days Imran Babar would make them repeat the names on their ID cards. of them, Imran Babar alone was properly educated and he could, therefore, read and write English. 65. They celebrated 'Ramzan Eid' in the Azizabad house. During this period Abu Hamza taught them how to plant a bomb under the seat in a moving car and gave training to Kasab, Javed and Nazir Ahmed on how to plant a bomb under the (driver's) seat while sitting in the back seat of the car. They were in the Azizabad house for almost a month and a half. On November 18, Kafa left, taking Nasir and Nazir A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... He also gave each of them one (1) 'Kalashan', eight (8) magazines, two hundred and forty (240) rounds, eight (8) hand grenades, one bayonet (Kasab called it Sangeen ), one (1) pistol with three (3) magazines, twenty-one (21) rounds, one (1) water bottle, one (1) Kg raisins, one (1) headphone and three (3) nine (9) volt batteries along with a charger. He also gave each of them an RDX bomb of eight (8) Kg that was kept in a tiffin box in a small sack. He also gave each 'buddy' a GPS system and a small pouch to everyone to tie around the waist. 70. All of them took their goods and cleaned and serviced the Kalashan and the pistol; put thirty (30) rounds in each magazine of their Kalashan and seven (7) in those of the pistol. As trained, they joined two (2) magazines together with tape so as to easily replace the magazine being emptied while firing from Kalashan . They then packed all the aslaha , the other goods and their new clothes in the large sack. Everyone's sack, containing the bombs and the goods, was kept for the night in the Lashkar-e-Toiba's car. Ismail asked all of them to keep their ID cards with Hindustani names in their pockets, and they ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f whom three were called Murshad (wanted accused No. 16), Aaquib (wanted accused No. 17) and Usman (wanted accused No. 19). They were all members of Lashkar-e-Toiba. Murshad gave them the sacks containing the bombs, and the Kalashan that were packed in the Karachi house. Murshad also gave Ismail a rubber speed boat, a pump to fill air in the rubber boat, life jackets, blankets, rice, flour, oil, pickle, milk powder, match boxes, detergent powder, tissue papers, bottles of Mountain Dew cold drink, dental cream, spray paint, towels, shaving kits, tooth brushes, etc. They spent that night on Al-Hussaini. 74. [At this point the court time was over but Kasab's statement was incomplete. The magistrate, therefore, sent him back to judicial custody. He was again produced before her on the following day, February 21, 2009, at 10.40 AM. The magistrate once again satisfied herself that he had been insulated from any external influence and would make the statement completely voluntarily. She then resumed taking down his statement]. 75. Continuing the narrative where he stopped on the previous day, Kasab said that on November 23, at about 12.00 PM they had traveled by Al-Hussaini ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... also feeding the Nakhva . They filled diesel in the engine of the Kuber thrice on the journey to Bombay, with help from the Nakhva . 79. On November 26, at 11.00 AM, according to plan, they tied red-yellow coloured threads around their wrists. Around 4.00 PM on that day they neared Bombay and its tall buildings came within into sight. Kasab shames the Butcher: 80. According to plan, Kasab called Abu Hamza on the satellite phone. He told him that they had reached Bombay and asked what was to be done with the Nakhva . Abu Hamza laughed and said he should do whatever he wanted. Kasab then told Ismail that it would be better to kill the Nakhva . Ismail agreed with him. Kasab then asked Soheb and Nasir to hold the Nakhva by the legs in the engine room. He himself yanked him by the hair and pulling his head down cut his neck. He then hid his body in the engine room. 81. Meanwhile, Ismail, Fahadullah, Javed and Nazir Ahmed began inflating the rubber speed-boat with the pump. After half an hour, when the boat was filled with air, it was lowered into the sea. They wore the new clothes purchased from the market in Karachi. Kasab put on a red T-shirt and, over it, a blue T-s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... told them that they were students. Ismail had an altercation with them. The Attack: 85. Ismail and Kasab took their bags and walked up to the road. They took a taxi. Ismail sat in the front and Kasab sat in the back seat. Ismail asked the driver to take them to VTS. He started talking to the driver. Meanwhile Kasab fixed two nine (9) volt batteries to the wire of the timer in the bomb in the bag. He placed this bag, containing the bomb, under the driver's seat. He had set the time of explosion for after an hour and fifteen minutes. 86. They reached VTS within fifteen to twenty minutes and were annoyed to find the crowd at the station far less than what they had seen on the CD. Ismail tried to communicate with Abu Hamza on his mobile but the mobile did not show any network. Ismail then tried to make the call from Kasab's mobile but his mobile, too, did not work. Ismail kept Kasab's mobile with him and both of them entered and came inside the passage. They saw the stairs going upwards. The people there had come with large bags and from that they gathered that this platform was for long-distance trains. There was a toilet nearby. Kasab gave his bag to Ismail and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e building and to kill the women and children there. They tried to open the doors of the rooms but all the doors were closed from inside and the iron-grill doors outside were also closed. They were unable to open any of the doors. They decided to get out from that building and go to their last target. They came down from the building and moved ahead, taking cover of a wall. After moving ahead, they jumped over the wall and came out on the road. 90. They moved ahead on the road, keeping on the right side, taking cover of the wall. They saw a policeman coming. Kasab pointed his 'Kalashan' at him and fired, killing the policeman on the spot. At that time they were fired at from the opposite direction. They fired in retaliation and entered a lane. They saw a white car with a red beacon light in the lane moving backwards. Kasab fired at the car. The car moved for a little distance and stopped. Ismail threw a hand grenade at the car and Kasab again fired at it with a view to make the car move away from there. But when they reached near the car and tried to open its door they found all the window glasses raised and the doors locked and the driver lying dead inside the car. They ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 93. After going for some distance, Kasab saw that they were traveling on a road going along the sea and then he realized that this road was shown in the map by Sabauddin and Fahim as going towards Malabar Hill. While they were driving at full speed, going in the direction of Malabar Hill, they saw the barricade on the road and policemen standing around the barricade. The policemen had seen their car moving at great speed from a long distance and were asking them to stop by raising their hands and blowing their whistles. Realizing that it was impossible to cross the barricade by smashing against it, Kasab asked Ismail to stop the car at some distance from the barricade and to keep the headlights on so that the policemen would not be able to see either them or the number of their car. Ismail stopped the car at some distance from the barricade and kept the headlights on. The policemen were shouting at them and were asking them to switch off the headlights. 94. Looking around, Kasab saw that the road divider on his right was very low and thought they could cross it by driving the car at very high speed. He advised Ismail accordingly. Ismail immediately switched on the water spray o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rists with great care and with consideration of its immense strategic potential for the attack on their chosen targets. It is also clear that the selection of Badhwar Park as their landing place was not made by the attackers themselves but by someone else among the conspirators. The selection of the landing place for the dinghy was clearly based on a good deal of reconnaissance and survey work; and whoever selected the spot for landing had undoubtedly made himself fully familiar not only with the Mumbai shore line but also the city. 99. Badhwar Park is a settlement of fishermen and at that place the sea comes more deeply into the land mass, forming a kind of a vesicle. Hence, the water is calm and, this being a fishermen's colony, a group of young people arriving from the sea is not likely to arouse any suspicion or even attract much attention. Further, the place abutts a main road. A sandy slope from the water, not more than ten (10) metres in length, takes one to the road where taxis are readily available. The CST railway station is at distance of 3.5 kms from Badhwar Park and by a taxi it takes fifteen to twenty (15-20) minutes to reach there. The Taj Hotel is at distance ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ary of J.J. Hospital. He also identified the Appellant while deposing in court, as one of the persons who had alighted from the boat. 101. There is another person called Prashant Hemnath Dhanu (PW-29) who lived in the fishermen's colony. He was twenty-four (24) years old and a fisherman by profession. He stated before the court that he had a fishing boat and on November 26, 2008, at about 9.15 PM he, along with a few relatives, had gone out to sea on his boat to fish. On nearing Nariman Point around 9.45 PM they saw a seemingly abandoned rubber boat. There were some life jackets in the boat and it was fitted with a Yamaha engine. Buffeted by the sea waves, it was bouncing against the tetrapod. Lest the owner of the boat might suffer its loss they towed it to their fishing trawler and brought it to the jetty near the fishermen's colony at Badhwar Park (that is, to the point where it had first landed!). He informed the coast guard about the abandoned boat found by him. He further said that the police had arrived there and they took charge of the boat under a Panchnama. We shall deal with the seizure of the boat by the police and the articles found in it in due course. Suff ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o explode. The bomb along with the bag was later seized after it was diffused by the bomb disposal squad, but that forms part of the forensic evidence to which we will advert in due course. at the passengers on the platform till they went out of CST through the foot-overbridge on the side of platform No. 1 of the local lines (and thereafter....). On the basis of the ocular evidence alone (not taking into account for the moment the other evidences) the prosecution has presented before the court a vivid and photographic (figuratively and actually) account of the CST events. Here we propose to examine in slightly greater detail four witnesses whose evidence, in one way or another, has some special features, and then to take an overview of some more witnesses to construct a broad picture of the massacre at CST. 104. Before proceeding to examine the witnesses it may be appropriate to say a word about the way most of the witnesses identified the Appellant. The Appellant, Kasab, and his accomplice, Abu Ismail, seemed to make an odd pair in that Abu Ismail was quite tall, about six (6) feet in height, and Kasab is barely over five (5) feet. The difference in their height appears to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... trongly built. He was wearing a blue T-shirt and was carrying a rexine bag. He was holding an AK-47 rifle. The other terrorist was taller than the first one. He was also fair and of medium built. He was aged about twenty-two to twenty-five (22- 25) years. He was wearing a black T-shirt and he too was carrying a rexine bag. He was also carrying an AK-47 rifle. 107. At this point, the witness paused in his narration to identify the Appellant as one of the two terrorists who was described by him as short, strong built and who was wearing a blue T-shirt. 108. The witness was then shown the identity card recovered from Abu Ismail (Article 61) The fake identity card with Hindu name given to each member of the group of terrorists by Abu Kafa before leaving for Mumbai. He identified the photograph as that of the other terrorist, the accomplice of the Appellant. 109. The witness proceeded with his narration and said that he rushed back to the police station to ask for additional force. As he came near the entrance door of the police station he was fired at by the terrorists. One of the bullets pierced through his right upper arm and struck the wall near the table of the police stat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... purpose he sits with his colleagues in a cabin on the mezzanine floor, almost at the centre of the main hall of the local lines, facing the full expanse of the main hall and beyond it up to platforms 1 to 7 of the local lines. Perched in his office Zende had a completely unobstructed view through the glass screen of his cabin and he was able to see all that happening down below in the main hall and the local lines' platforms on the fateful evening of November 26, 2008. Here it must also be noted that showing great devotion to duty and remarkable presence of mind Zende saved countless people from death or injury by constantly announcing on the public address system that the railway station was under terrorist assault and by advising passengers alighting from local trains that continued to arrive at the station while the attack was underway to not go towards the main hall but to exit through the rear side of the local lines' platforms. 117. Deposing before the court, he began with a succinct description of CST from inside. He then proceeded to tell the court that on November 26, 2008, he was on duty from 3.00 PM to 11.00 PM. At about 9.55 PM he heard a big explosion. He g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ry professionalism, followed the killers practically at their heels. Their ocular testimony together with the photographs taken by them provides a graphic picture of the carnage at CST. 122. Sabastian Barnal D'Souza (PW-61) is one of the two photographer witnesses. He stated before the court that on the evening of November 26, 2008, he was in his office on the fourth floor of the Times of India Building, which stands opposite the CST railway station. The main gate of the Times of India Building faces platform No. 1 of the local railway station and one gate of CST railway station opens in front of the Times of India Building. At about 9.50 PM he came to know from one of his colleagues that a gunman had entered Taj Hotel and was firing there randomly. On this information, two photographers immediately proceeded to the Taj Hotel. D'Souza and his colleague also came out of the office. As they came out of the main gate of the building, they heard the sound of firing at CST railway station. D'Souza jumped over the road divider and entered platform No. 1 of the local railway station, carrying a Nikon digital camera. The railway station was deserted and there were no passeng ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . He was not using the flash-gun and the light was not good for taking photographs. In course of the deposition he was shown the photographs taken by him and he identified those photographs. 127. The photograph showing the book-stall owner felled by a bullet was marked Ext. No. 238. A set of three photographs showing the policeman in uniform and the plainclothesman taking aim with the rifle was marked collectively as Ext. No. 239. A set of three photographs of the Appellant taken by D'Souza from behind a pillar was collectively marked Ext. No. 240. All the three pictures clearly show Kasab, carrying a haversack on his back and an AK-47 in his hands. In the first picture he is shown moving forward, with the left hand raised and the right hand holding the AK-47 with the barrel pointing downwards. In the second picture he is raising the gun with the right hand and the left hand is coming down towards the gun for providing support. In the third picture he is stepping forward with both hands holding AK-47 at waist level in firing position. A set of four photographs in which Kasab is shown with the other gunman Abu Ismail (deceased accused No. 1) was marked collectively as Ext. No ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d, for the purpose of identification only, as Ext. No. 410. 133. He also produced the original memory card of his Nikon D200 camera containing more than ten (10) pictures taken by him with that camera. The memory card was marked, for the purpose of identification, as Ext. No. 411. The witness explained that the three photographs bearing Ext. No. 410-A, Ext. No. 410-B and Ext. No. 410-C Ext. nos. 410-A, 410-B and 410-C are pictures taken when Kasab and Abu Ismail were at CST. All the three pictures appear to be taken from the front. In the pictures they appear behind what appears to be the frames of a set of two metal detectors. In Ext. no. 410-A Kasab and Abu Ismail are standing about three ft. apart peering ahead; in Ext. no. 410-B they appear standing close together in the frame of the metal detector looking ahead. In Ext. no. 410- C Abu Ismail is hidden behind a pillar but Kasab is clearly shown carrying a haversack on his back and an AK-47 in both hands. the first photographs of the two gunmen taken by him. He further stated before the court that one of them lobbed a hand grenade while they were proceeding from the main hall to platform No. 1. The hand grenade was thrown on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... even after receiving grave injuries to tell the story before the court; some others laid down their lives while trying to tackle the assailants either completely unarmed or carrying antiquated weapons that failed them at the most crucial moment. 137. Harshad Punju Patil (PW-59) was a police constable and on that date he was on patrolling duty in the ladies' compartment in the local trains. He was carrying a.303 rifle and ten (10) rounds. When the terrorists' attack took place, he was waiting for the train on which he was on duty near the Police Help Center in the main hall of the local lines, in front of platform No. 3. Soon after the firing started, Police Inspector Shashank Shinde of the CST Railway Police Station came there and told them that two terrorists were firing in the main hall of the main station. Police constables Nardele and Gavit were also there. Both of them were carrying carbines. Shashank Shinde proceeded towards the main line station accompanied by Nardele and Gavit. Patil started loading the ten (10) rounds in his rifle. He then saw the two terrorists coming towards the local railway station from the main lines' side. Taking cover of the Police H ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rom the direction of the main hall of the main lines and saw passengers running away from there. Shashank Shinde came there and alerted him saying that terrorists were firing in the main hall of the main line. Shinde asked Nardele to accompany him. Nardele started loading the ten (10) rounds in his carbine but Shinde proceeded towards the main line without waiting for him. Nardele saw Shinde proceeding in the direction of the main hall of the main line accompanied by ASI Pandarkar PW-62, Injured: shown in photograph Ext. No. 245, a police constable Ambadas Pawar, killed; shown lying down with Shashank Shinde in photograph Ext. No. 242 and a photographer PW-61, D'souza. He went after them and heard the sound of firing on platform No. 7. He entered a compartment of a local train on platform No. 6 and from there he saw two terrorists, each carrying an AK-47 rifle and a hand-bag on their shoulders, proceeding towards the local railway station. He fired eight (8) rounds from his carbine (but the shots did not hit them). They retaliated but he was safe inside the rail compartment. He again tried to fire, but in the meanwhile his carbine was locked. He could not fire from it any longe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t injury. Shashank Shinde and Ambadas Pawar too were hit by the terrorists' shots and unfortunately they were not as lucky as Pandarkar. They succumbed to their injuries. 142. In the course of his deposition Pandarkar was shown the three (3) photographs collectively marked Ext. No. 239. He identified himself and the slain Constable Ambadas Pawar in those photographs. In the photograph Ext. No. 242, he identified Shashank Shinde and Ambadas Pawar lying prone after being shot by the terrorists. In one of the photographs from Ext. No. 243 (collectively) he identified himself and Lau Kharat (PW-57), who worked at the railway station, who is holding him by the arm after he was shot and helping him to be taken to St. George's Hospital. This particular photograph from Ext. No. 243 (collectively) was separately marked Ext. No. 245. 143. Pandarkar identified the Appellant as the shorter of the two terrorists. He identified Abu Ismail from his photograph on Article 61. He had earlier identified the Appellant in the test identification parade held on January 14, 2009. 144. Sandeep Tanaji Khiratkar (PW-66) was an Inspector in the Railway Protection Force. At the time of the oc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... spector of Police on duty carrying a lathi. He told the court that he was fired at by the shorter terrorist (i.e., the Appellant). The bullet hit his left thigh and, passing through it, pierced his right thigh and exited from the exterior portion of his right thigh. He simply collapsed on to the floor. He further said that he had seen the two terrorists from a distance of twenty-two to twenty-five (22 to 25) feet. 147. Patil identified the Appellant as the shorter of the two terrorists. He also identified Abu Ismail, (deceased accused No. 1) from his photograph on Article 61. 148. Geetanjali Krishnarao Gurav (PW-60) was on duty at the CST local railway station near main gate No. 3. On hearing the explosion and the gun shots she along with Shinde (killed), API Bhosale (PW-49), PSI Khandale and other policemen went towards the main hall of the main lines. She saw two terrorists in the main hall and she saw the taller of the two throwing a hand grenade at a crowd of passengers. The grenade exploded, causing injuries to a large number of passengers. Both terrorists were continuously firing from AK-47 rifles. She and Bhosale, therefore, proceeded towards the railway police station ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he was still unable to walk properly. 152. Natwarlal identified the Appellant as the shorter one and said that his companion was not present in court. Devika identified the Appellant as the person who was firing at the VT railway station. 153. Farooqi Nasiruddin Khaliluddin (PW-52) was at the station with his son. Both of them were injured, the son far more badly than the father, by the splinters from the second grenade thrown by Abu Ismail (deceased accused No. 1). Khaliluddin told the court that the firing by the terrorists continued for about fifteen to twenty (15-20) minutes. He further said that the taller man had paused in the firing as he took out a bomb from his bag and threw it in their direction but that the other man (that is, the Appellant) continued with the firing and he appeared to be in a joyous mood on seeing the lethal effect of his firing. Identifying the Appellant in court, he once again said that he was the same person whom he had seen in joyous mood . 154. Nafisa Qureshi (PW-53), who worked as a maid-servant, lost her six (6) year old daughter Afrin to the terrorists' bullets. She was hit by a bullet on the back and died at the spot. Nafisa h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... long the premises of Cama Hospital. Cama Hospital has large premises, on which there are a number of buildings including a six-storey structure called the New Hospital Building. The entry to Cama Hospital is from Mahapalika Road on its western side, and Badruddin Tayabji Marg runs along the back of its premises. The prosecution, with the aid of eleven (11) eye-witnesses, has traced practically every step taken by Kasab and Abu Ismail from the moment they came out of CST, entered Cama hospital and eventually left the hospital. We, however, propose to examine only some of these steps, to get a broad idea of how the two were moving around killing people, completely mindlessly. 160. Bharat Budhabhai Waghela (PW-103) worked as a Safai Kamgar with Voltas. He lived in a hut off Badruddin Tayabji Marg. At about 9.30 PM on November 26, 2008, he was sitting near the back gate of Cama Hospital on Badruddin Tayabji Marg engaged in small talk with his friends Sandeep Waghela (PW-105), who lived on the premises of Cama Hospital, and Bhagan Shinde, who lived in the same hutments as Waghela. Gupta bhel-vendor was also near the gate selling snacks of bhel-puri. At about 10.30 PM they saw two per ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o men jumped inside the Cama Hospital premises. The tall man fired towards the window from where she was looking at them. One of the bullets hit the right wrist of a hospital servant, Hira Jadhav. She was immediately removed to the casualty ward on the ground floor of the hospital. Kulathe further said that she informed the CMO on duty, Dr. Archana, that two terrorists had entered the hospital building. She then rushed back to her ward and closed all the doors from inside. She also locked the ward's collapsible (iron grill) gate. Moreover, since the ward had windows on all sides, all twenty (20) patients who were in the ANC ward at that time were moved to the pantry for their safety. 165. She further stated before the court that the noise of firing and explosions went on for about two hours. She and all the patients were frightened due to the continuous noise of explosions and firing. She and the patients stayed inside the pantry till 4.00 AM the following morning, when senior officers came and took them out. 166. She then identified the Appellant as the butka man who, along with his tall partner, had entered the Cama Hospital premises by jumping over its back gate. She i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... J Hospital. 169. Harishchandra Sonu Shrivardhankar (PW-106) was the person whom Funde had seen lying in a pool of blood near the door of the bathroom. His encounter with the two terrorists has something uncanny about it. Fate seemed to force his every step towards meeting the terrorists and when he actually stood face-to-face with them, quite certain of death, he did not go down without fighting. Tough, two and a half times the age of his opponents, completely unarmed and untrained in any kind of fighting, he put up a fight nonetheless. Unfortunately, his attempt could not succeed against an armed and trained killer. He was stabbed and shot and left behind by the terrorist in the belief that he was dead or would soon die. Shrivardhankar, however, survived to tell the story and to identify his assailant. 170. Shrivardhankar worked as a Senior Clerk at the Mantralaya at the time. Apparently a devotee of Hazrat Sayyed Shah Baba (a Muslim saint), after leaving his office at 6.00 PM on November 26, 2008, Shrivardhankar went to the Urs at the saint's Durgah (shrine), situated behind Metro Cinema. He left the Durgah at 10.30 PM and proceeded to CST via the Metro subway and St. X ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ectacles had fallen down. At that time he was wearing brown slippers (footwear). Shrivardhankar told the court that his footwear and spectacles were lost and he did not find them on regaining consciousness at JJ Hospital. 173. He then identified his assailant at Cama Hospital from the photograph on the identity card, Article 61. He also identified the assailant in the photographs Ext. No. 410-A Ext. No. 410-B (part of Ext. No. 410 collectively). 174. He also identified his spectacles, Article 310 (recovered and seized from Cama Hospital and produced in court as one of the case articles) but said that the slippers shown to him as Article 309 did not belong to him. 175. Chandrakant Dnyandev Tikhe (PW-109) was the lift operator at Cama Hospital. On November 26, 2008, he was on duty as Generator Operator from 10.00 PM in the evening till 7:00 AM the following morning. The generator room is situated on the terrace of the building. At about 10:00 PM, when he was on the terrace, Tikhe heard the sound of firing from the ground floor. On hearing the gunshots he immediately went inside the enclosure where the solar system is installed and locked its collapsible gate. He was still ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cemen and by Kailash. One of these policemen went further down but the other stayed with them. After being given first aid they were shifted to GT Hospital. From there, Tikhe was taken to KEM Hospital for treatment as hand grenade splinters were lodged in his neck. He was treated as an indoor patient for seven (7) days. 179. He also told the court that he had identified the Appellant in the test identification parade on December 27, 2008. 180. Sadanand Vasant Date (PW-118) is an IPS Officer and, at the material time, he was posted as Additional Commissioner of Police, Central Region, Mumbai. On November 26, 2008, at about 10.00 PM, he was at his residence when the assault at CST took place. CST did not come within his jurisdiction but, on the request of his colleague Dr. Vankatesham whose jurisdiction included CST, Date came out like any dutiful police officer. He first went to the Malabar Hill Police Station, which was close to his residence, and collected one carbine and twenty (20) rounds. On the way to CST he got information about the movements of the terrorists and, in light of this information, he and his team reached Cama Hospital a little after 11.00 PM. Date came to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s the terrace. But shortly afterwards, another hand grenade was thrown, which caused injuries to almost all officers who were present there, including Date. The injured police officers, policemen and staff members of Cama Hospital were asked to go down. More (killed) could not go down because he was badly injured and unconscious. Police constable Khandekar (killed) also could not go down as he, too, was badly injured. Date said before the court that he continued to fire towards the terrace in retaliation of the firing from there. The exchange of fire went on for about forty (40) minutes during which he had taken cover behind a wall situated in front of the right side lift. After some time he sensed some movement and, as he came out from behind the wall which he was using for cover, he found that two persons had already gone down towards the fifth floor. He fired two shots towards the two persons going away but was unable to say whether or not they were hit. He was unable to pursue them because of his leg injury. 184. He said it would be 11.50 PM at that time. 185. Accordingly, Date informed his superiors that two persons had gone down from the sixth floor of the building and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... police station. Kadam was a constable attached to the same Police Station. As Azad Maidan police station received information that terrorists had entered CST and were firing there, the policemen proceeded to the railway station in two police vehicles. On the way, they learnt that the terrorists had left the railway station and were seen going in the direction of Metro Cinema. Accordingly, they came to Metro junction where they came across Additional Police Commissioner Date (PW-118). Date asked them to go back and collect bullet-proof jackets and arms and ammunition from Azad Maidan police station as information had arrived by then that the terrorists had reached the terrace of Cama Hospital building and were firing from there. As directed by Date, Kadam, Shelke (PW-141) and some others went back to Azad Maidan police station where they collected two bullet-proof jackets and some fire-arms and ammunition. 190. Returning to the scene of firing, they decided to go to the front gate of Cama Hospital (instead of going to the back side), expecting the terrorists to exit the hospital from its main gate. Kadam stated that he was accompanied by PI Thorawade (PW-128), PSI Shelke (PW-141) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d from Badruddin Tayabji Road and took right turn on Mahapalika Road towards Metro junction. Thorawade saw the two terrorists in that vehicle. The person who was sitting on the right side was firing at the large crowd assembled at Metro junction. One policeman and another person were injured due to firing from that vehicle. Abu Ismail was firing at the crowd assembled at the Metro junction while driving the Qualis police vehicle which the two terrorists had snatched after killing all but one of its occupants. Actually both the two persons, namely, police constable driver Chitte and a civilian Surendra Bindu Ram, were killed, vide PW-654 (Ashok Dattatraya Khedkar, Assistant Police Inspector) 194. In the meanwhile, Kadam had remained in front of Cama Hospital. He went on to state before the court that he saw a white car with a red beacon approaching Mahapalika Road from Badruddin Tayabji Road but, immediately thereafter, he saw the car going backwards on Badruddin Tayabji Road. The lamboo and the butka fired at that car. One of them also threw a hand-grenade towards the white car. Thereafter, both of them proceeded towards Rang Bhavan Lane on (BT Road). The officer who was shot ne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ind him. His car was standing on the road in a slanting position but there was enough space on both sides for vehicles to pass. As the two terrorists approached High Rise Building , they took cover behind bushes abutting that building. At the same time, Phad saw a police vehicle approaching his vehicle from behind, i.e., from the side of the SBI office on Badruddin Tayabji Road. As soon as the police vehicle came close to the two persons hiding in the bushes, they started firing indiscriminately at the police vehicle. At the same time, the shorter fellow seemed to have sustained a bullet injury, probably from the firing from the police vehicle. His gun fell down. The butka, however, picked up the gun and resumed firing at the police vehicle. 196. Firing from the police vehicle stopped, and the taller man went to the vehicle and opened its right front door, pulling the driver on to the road. He also pulled down another person from the vehicle's middle seat. The butka fellow went to the left side of the vehicle and pulled down the person sitting on the left front seat. The lamboo fellow occupied the driver's seat and the butka took the front left seat. 197. Phad stated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... contact the police control room but could not get through as the number was continuously engaged. He then contacted the Superintendent of GT Hospital and requested him to provide help to Phad. After an hour he was informed that Phad had been admitted to the hospital with bullet injuries. 202. All the phone calls made by Gagrani from his mobile phone to the mobile phone of Phad and to the hospital were independently established from the mobile phones records. 203. Arun Dada Jadhav (PW-136) is a very special witness. He was in the extraordinary position of actually traveling with the two terrorists, lying badly injured in the back side of the Qualis vehicle that the terrorists had hijacked after killing three (3) senior police officers and three (3) policemen on Badruddin Tayabji Road. 204. In the time that Additional Commissioner of Police Date (PW-118) was engaged in the encounter with the terrorists on the sixth floor landing of the New Cama Hospital Building, a number of senior officers and policemen had gathered at the back of the hospital. At that time, an injured policeman emerged from the back of the hospital. He told the assembled officers that Date and some other ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... driver Bhosale was also badly injured and he had fallen down on Jadhav. Yogesh Patil and Jaywant Patil were also unable to move. Realising that it was not possible for him to retaliate, Jadhav pretended to be dead. At this time he heard a door of their vehicle opening and also heard the noise of the vehicle starting. He realised that the vehicle was being driven, and he then saw that the driver's seat was occupied by the lamboo. Karkare, Salaskar and Kamate were no longer in the vehicle. 207. At the metro junction, Jadhav heard the sound of firing but he continued pretending to be dead. He realised that one of the vehicle's wheels was punctured. After some time, he also realised that even the tube and tyre had come off the punctured wheel. He could sense this as he was himself an experienced driver. 208. The vehicle stopped on the road behind the Vidhan Bhavan. There was more firing and then he saw the two terrorists leaving the Qualis and going to a car that had stopped. They left in the other car, which looked like a Honda City. He could see them clearly in the street light. 209. After the terrorists had left, Jadhav informed the Police Control Room on the vehic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cle the Appellant had cursed him, using foul language, saying that he was wearing a bullet-proof (jacket). He further said that the whole incident, from the beginning of firing by the terrorists until they took the vehicle lasted three to four (3-4) minutes. THE SKODA ROBBERY For this part of the case the prosecution examined six (6) witnesses. of these three (3) are policemen. One of them is formal, the other recorded the statement of the person from whom the car was taken away at gun-point and, since he was not the jurisdictional policeman, he handed over the recorded statement to the jurisdictional policeman who is the third police witness. of the remaining three (3), two (2) are the occupants of the car and the third is the person whom they were going to rescue after he was evacuated from Oberoi Hotel.: 213. Sharan Arasa (PW-144), Samit Vijay Ajgaonkar (PW-147) and his wife Megha were the three occupants of the white Skoda car that Kasab and Abu Ismail snatched at gun-point, and which Arun Dada Jadhav (PW-136), lying in the back seat of the police Qualis, had thought to be a white Honda City car. 214. Arasa and Ajgaonkar had a common friend Siddharth Umashankar (PW-238 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... He stated in his deposition before the court that, when the Qualis stopped, two persons got down from it and approached their car. One of them was taller and the other was shorter. He identified the Appellant as the shorter person who approached their car along with his associate who was taller than him. The taller man approached Arasa while the Appellant stood in front of the car. The Appellant ordered them to get out of the car ( Gadi se bahar aao ). The taller fellow pulled Arasa out by his collar. In the meantime, Ajgaonkar and his wife got down from the car and went to the footpath on the left side of the car. The taller fellow occupied the driver's seat and the Appellant sat on the front left seat. The taller fellow, however, could not find the car keys and, hence, the Appellant got down from the car and demanded the key from Arasa. Arasa picked up the key which he had thrown near the car and gave it to the Appellant. Thereafter, both of them drove away in the Skoda car. The terrorists proceeded towards Inox theatre. 218. Arasa further told the court that, at about 3:00 PM on November 27, 2008, he received a phone call from PSI Zende (PW-148) of Marine Drive police sta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ok them in custody. 223. Bhaskar Dattatray Kadam (PW-1) was a Sub-Inspector of Police attached to DB Marg Police Station. On November 26, 2008, at about 22.00 hours, Senior Police Inspector Nagappa Mali told him that terrorists had attacked some parts of South Mumbai and directed him to go to Girgaon (Vinoli) Chowpaty along with members of the Crime Detection Branch and to do a nakabandi there by putting up barricades. As directed by Mali, Kadam proceeded to Vinoli Chowpaty accompanied by six (6) members of the Detection Branch. On reaching there, he found API Hemant Bavthankar (PW-3), Peter Mobile Operator Sanjay Patil, Peter Mobile Driver Chandrakant Kamble, Girgaon Chowpaty Beat In-charge ASI Pawar, ASI Kochale, Head Constable Chavan, PN Naik and some other policemen already present there and barricades already put up. Kadam and the members of the Detection Branch joined the police team already present there. After some time, API Govilkar (PW-2; injured) and ASI Tukaram Ombale (killed), along with some other policemen, also arrived at the nakabandi. 224. The police team was receiving messages regularly through wireless on the Peter Mobile Van. They received a message that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... API Yadav, API Gawade (PW-4), PSI Gaikwad (PW-24) and PSI Warang (PW-27) reached the spot. Two (2) ambulances also reached there within the same time. 227. Ombale and Govilkar, who had sustained injuries, were sent to hospital in the Peter Mobile Van. PI Surulkar and API Gawade took one of the two terrorists (Abu Ismail) to hospital in one of the ambulances and the other terrorist (Kasab) was taken to hospital by PSI Warang (PW-27) and some other policemen. 228. Kadam further told the court that, on reaching the DB Marg Police Station, he received a call from Gawade, speaking from Nair Hospital, informing him that one of the terrorists (Abu Ismail) had been declared brought dead by the hospital and that the other terrorist (Kasab) had been admitted for treatment. Gawade also informed Kadam that the terrorist who was alive had disclosed his name as Ajmal Amir Kasab, gave his age as 21 years and address as Faridkot, Taluka Jipalpura, District Ukhad, Punjab State, Pakistan. He also gave the name and address of the deceased terrorist as Abu Ismail, aged 25 years, resident of Dera Ismail Khan, Punjab State, Pakistan. Station diary entries (Ext. No. 150A) were made on the basis of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... driver's seat of the Skoda car. He added that Article 10 was found loaded with one magazine and that another magazine was attached to the first one with cellophane tape. 235. Kadam further claimed that he could identify the pistols seized from the spot. He identified the 9 mm pistol (Article 14) and Anr. 9 mm pistol that bore the name of its maker 'Diamond Nedi Frontiar Arms Company' Peshawar (Article 16) as the same two pistols seized from the place of occurrence by PI Sawant (PW-31) under a Panchnama. 236. Kadam proceeded to identify another 9 mm pistol (Article 18) along with one (1) empty magazine (Article 20), five (5) live cartridges (Article 21 collectively), two (2) empty cartridge cases (Article 22 collectively), and two (2) bullets (Article 23 collectively) as the service pistol Kadam was carrying and from which he had fired three rounds at the time of the occurrence. 237. He also said that he had identified the Appellant in the test identification parade held on December 27, 2008, at Arthur Road Prison. He had also identified the dead body of the deceased terrorist at the JJ Hospital mortuary on January 6, 2009. He had identified the dead body of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ontrol and could be disarmed. The AK-47 rifle was snatched away by Govilkar and other policemen. Govilkar could see the terrorist clearly in the street light. He claimed that he could identify the terrorist and he identified the Appellant as the terrorist who was holding the AK-47 rifle and who had fired at him and ASI Tukaram Ombale. Govilkar was then shown AK-47 rifles (Articles 10 and 12). He identified Article 10 as the AK-47 rifle that the Appellant was holding and from which he had fired at them. 243. Govilkar further stated before the court that the Appellant was wearing a blue T-shirt and green cargo trousers. He was also wearing grey sports shoes. When these were produced in court, Govilkar identified the pair of shoes (Article 25 collectively) as the same that were worn by the Appellant at the time of the occurrence. 244. Govilkar and Tukaram Ombale were taken to Harkisandas Hospital in Peter Mobile van. Tukaram Ombale died there. Govilkar remained admitted in the hospital till November 29, 2008. 245. Govilkar told the court that he had identified the Appellant in the test identification parade held on December 27, 2008, at Arthur Road Prison. Special Executive O ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sarmed and apprehended him. Bavthankar told the court that he could identify the person sitting on the left front seat of the car. He said he was present in court and he identified the Appellant as the same person who had fired at Ombale and Govilkar. He further said that he saw the whole incident in the street lights. 249. Bavthankar further stated before the court that, in the course of inspecting the car, the Bomb Detection and Disposal Squad (BDDS) found one (1) hand grenade and two (2) magazines of AK-47 rifle in a jacket lying on the rear seat of the car. One AK-47 rifle was found in the leg space beneath the driver's seat. PSI Ghodse (PW-9) of the BDDS removed the hand grenade and proceeded towards Girgaon Chowpaty. Bavthankar told the court that he could identify the AK-47 rifle found in the leg space of the car. Articles 10 and 12 were shown to the witness. He identified Article 12 as the AK-47 that was found in the leg space below the driver's seat, and Article 10 as the AK-47 rifle which was held by the Appellant. 250. He then proceeded to give a description of the driver. He said that the driver had wheatish complexion, was strongly built and was aged twen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 12, the AK-47 rifle from the number on its butt (94) and the body (LY8860) on the basis of the entry (Ext. No. 76) made in the register maintained in the armoury. The empty magazine with it also bore the same number. 254. On the other hand the AK-47 rifle along with a magazine (labelled Articles 427 and 428 respectively) that was recovered from the damaged Qualis police vehicle under seizure Panchnama (Ext. No. 529) belonged to Abu Ismail and he had carried it with him from Pakistan. This becomes clear from the ballistic analysis of the bullets recovered from dead bodies which shows that one Ashrafali, who was killed at CST and Ashok Kamte, who was killed in the Qualis police vehicle were hit by bullets fired from the AK-47 rifle, Article 427. This is also in conformity with what the Appellant stated in his confession before the magistrate that as they left the Qualis police vehicle, Abu Ismail left behind his AK-47, the magazines of which had emptied by then and picked up the AK-47 of one of the officers lying dead in the vehicle. VILE PARLE BLAST: TWO DEAD, THREE INJURED 255. Before concluding the narration of crimes directly committed by Kasab in the company of Abu Ism ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ack, she asked him not to travel by any local train but to take a taxi. After five (5) minutes, he called her again to tell her that he had boarded a taxi and left CST. 260. Usha Sharad Chaudhary was quite anxious and called Goyal from her mobile phone again at about 10:30 PM. He told her that he had reached Dadar. At about 11:45 PM, Usha Sharad Chaudhary received a phone call from Goyal's daughter Diksha, who stayed at Walkeshwar, Mumbai, saying that she had last spoken to her father at about 10:45 PM and thereafter her father's phone was not reachable. That was the last anyone spoke to or heard from Goyal. His mutilated body was later found at Cooper Hospital. 261. Umar Sheikh, too, while carrying Goyal in his taxi, was called by his friend Irshad Ahmed Shaikh (PW-169) on his mobile at about 10:00 PM on November 26, 2008. Irshad had given his driving licence for renewal to Umar (the deceased) and he was enquiring whether it had been renewed. Umar told him that the friend to whom he had given the licence for renewal had not brought it back and added that in view of all the disturbances in the city it was good that he (Irshad Ahmed Shaikh) would not be driving on that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion, age, body-built and height, stating that one of them was tall and the other was short. All of them identified the Appellant in court as the shorter of the two assailants. They also identified Abu Ismail from the photograph on the fake identity card Article 61. They also stated before the court that they had identified the Appellant in the test identification parades held. We accept their testimony without any hesitation. 264. From the forensic evidence it further appears that of the seventy-two (72) dead, at least six (6) persons fell to shots fired by the Appellant. From the ballistic analysis of the AK-47 bullets recovered from dead bodies, (only such that were not fragmented and were capable of identification), it came to be established that at least six (6) persons, namely, Sitaram Sakhare, Rahamtulla Ibrahim, Vinod Madanlal Gupta, Ambadas Ramchandra Pawar, Abbas Rajab Ansari (at CST) and Tukaram Gopal Ombale (at Vinoli Chaupaty) were hit by shots from the AK-47 rifle, Article 10, held by the Appellant. Ashok Kamte, according to the forensic evidence, was hit by shots fired from Article 427, the AK-47 rifle used by Abu Ismail. We, therefore, see no difficulty whatsoever ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ore the court, it would become clear that a much larger and ominous conspiracy was hatched in Pakistan, the aim of which was to destabilize the country and to wage war against the Government of India. It would also be clear that all ten (10) terrorists, including Kasab and Abu Ismail, who spread out from Badhwar Park in pairs, were acting in concert and in execution of the larger conspiracy. Seen thus, the Appellant would appear equally culpable for the carnage and other offences committed by the other terrorists of the team at different places, though admittedly he was not physically present at the venues of those crimes. Mr. Subramanium submitted that the course suggested by Mr. Ramachandran would do grave injustice to the prosecution, nay to the people of the country who came under a completely unprovoked attack and suffered a war waged against them that was encouraged, monitored, and guided from minute to minute from a command post based in a foreign land. 267. We are of the view that Mr. Subramanium is clearly right. The suggestion made by Mr. Ramachandran that the Appellant should only be held liable for acts committed by him in the company of Abu Ismail is based on the pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o intercept the two terrorists. They were unable to go very far in the Qualis as one of its wheels was destroyed in the gun fire. They then commandeered another vehicle, a Skoda, from its occupants at gun-point. They were driving the Skoda on Marine Drive when they were finally caught at Vinoli Chowpaty. 270. The road on which they were travelling goes to Malabar Hill and their car was headed in that direction. In his statement before the magistrate, the Appellant had said that as they sat in the Skoda after seizing it from its occupants he had asked Abu Ismail where they had to go. Abu Ismail said they had to go to Malabar Hill. The Appellant further asked where exactly in Malabar Hill, but Abu Ismail said that he would tell him on reaching Malabar Hill. There is no other evidence that their destination was actually Malabar Hill. It is also not clear as to where exactly they intended to go once they reached Malabar Hill or who was/were their target(s) there. But it is worth remembering that the Governor and the Chief Minister of Maharashtra as well as the Chief Justice of Bombay High Court all reside on Malabar Hill. It is quite possible that the two desperados had anyone among ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m Badhwar Park to Leopold Cafe. See Wasim Ahmed Bashiruddin Shaikh (PW-225) and Mohammad Rabiul Mohammad Kiramal Shaikh (PW-176) The bomb in the taxi exploded at about 10:30 PM while it was going through the Wadi Bunder Road in the Mazgaon Area of the city, killing its driver, Fulchandra Ramchandra Bind, and its two passengers, Zarina Shamsuddin Shaikh and her daughter Reema Mohammad Rabiul Shaikh (the mother-in-law and wife, respectively, of Mohammad Shaikh (PW-176)) and causing injuries to nineteen (19) people on the road. 275. The other RDX bomb they planted while on way from Leopold Caf‚ to Hotel Taj, in Gokul Wine Shop Lane behind Hotel Taj, near Gokul Restaurant in front of the State Bank of Hyderabad. The bomb, however, did not explode and it was finally recovered and seized under the Panchnama Ext. No. 736. Hotel Taj: thirty-six (36) dead and thirty (30) injured 276. Abdul Rahman 'Bada' (deceased accused No. 5) and Javed (deceased accused No. 8), on reaching Hotel Taj, first put their RDX bomb near a tree at a distance of about fifty (50) metres from the porch of the New Taj Hotel. This bomb, too, did not explode and was recovered and seized along with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat this would endear him to his captors. On the contrary, it only provoked the ire of the terrorists, who were particularly rough with him, calling him a traitor Musalman . (PW-188), Sunil Jadhav (PW-224), Rajendra Bagade and Swapnil. In room No. 632, Abdul Rahman 'Bada' and Javed were joined by Nazir and Shoaib, coming from Leopold Caf. At about 2.15 AM (on November 27, 2008) all four terrorists came down to the fifth floor, bringing with them all five hostages, with their hands tied behind their backs, and went into room No. 520. While they were in that room, a call came from Adil's wife on his mobile phone. Adil was then held captive by the terrorists who had also taken away his mobile phone. The terrorists talked to his wife menacingly and asked her to stop security forces acting against them otherwise they would not only kill Adil but wreak havoc. All the while, they were engaged in a long conversation with their collaborators and handlers on a mobile phone; these handlers were constantly urging them to throw grenades and to set fire to the hotel building. While they were trying to build a fire by setting ablaze inflammable articles in the room like sofa(s), foam ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vided accommodation on the ground floor, and the other was a woman called Sandra. Besides these two, they had a watchman called Kesari who, however, was not present at the time of the occurrence on November 26, 2008. 280. On the date of the occurrence there were four guests, two males and two females, staying with the Holtzberge couple at Nariman House. 281. Dinner, on November 26, 2008, was over by 8.00 PM. and by 9.45 PM Hussain was going down to his accommodation after he and Sandra had finished their day's work. On the stairs he saw a person armed with a gun standing on the landing area between the first and second floors. The gunman fired a shot at Hussain but he was not hit. Hussain immediately returned to the first floor where Sandra was still in the hall. On entering the first floor hall, Hussain shut the door from inside. Gabriel, Rivka and their four guests were at that time on the second floor. Hussain and Sandra hid themselves in the store room, bolting the door from inside and putting off the lights. They came out of the store room at 11.00 AM on November 27, 2008. All through the night and in the morning there had been sounds of gunshots being fired from ins ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on the mobile phone with their handlers and corroborators across the border. At one stage, the controllers even tried to use one of their hostages, Norma Shvarzblat Robinovich (a Mexican citizen, later killed), as an intermediary in an attempt to start some sort of 'negotiation' with the Indian authorities. The collaborators tried to tutor her as to what she should speak to the Indian authorities on the telephone. She was told not to disclose her own position or the position of her captors inside the house and further not to disclose the number of hostages taken by them but to persuade the Indian authorities to stop the operation by the security forces and to negotiate with her captors in order to save the lives of the hostages. 288. Apart from the collaborators and handlers, Imran Babar also engaged in dialogues with India TV, a popular news channel in the country, and with one Levi from the US who apparently intervened as a self-styled mediator to try and save the lives of the Jewish hostages. 289. The two terrorists holed up in Nariman House, Imran Babar @ Abu Aqsa and Nasir @ Abu Umar, were finally killed by security forces in the night of November 28, 2008. But, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ets, killing him on the spot. They then asked Bengalorkar to set the furniture on fire. He somehow succeeded in setting fire to a table. The terrorists then asked him to take them to the floor where the hotel's VIP guests were staying. Bengalorkar entered the lift, as bidden by the terrorists, but as their attention was momentarily diverted in throwing hand grenades he quickly pressed the down button of the lift. The lift door thus closed and the lift started descending even as the terrorists fired at its closed door. Bengalorkar thus gave the slip to the terrorists and saved himself by his presence of mind. 291. Fahadullah and Abdul Rahman 'Chhota' then went to the upper floors of the hotel in search of any VIP guests staying there. They were unable to find any but they got holed up there and fought the security forces till they were finally killed at about 7.00 AM on November 28, 2008. A complete and ocular account of the final encounter of the two terrorists with the National Security Guard (NSG) Commando may be seen in the evidence of Rajesh Ganpat Kadam (PW-215) who was the Assistant Chief Security Officer, Hotel Oberoi, and who was accompanying the NSG Commando ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the other venues of violence are no less full. 303. It may also be noted here that once the terrorists had taken position at their respective targets of attack it did not prove easy to neutralise them or to take them out. The Maharashtra police was quite unequal to the task and, consequently, MARCOS (Naval) Commandos were called in at Hotel Taj. Finally, the whole operation at all the three places, Hotel Taj, Hotel Oberoi and Nariman House, was handed over to the National Security Guards who were able to clear the sites but not before the terrorists gave them a stiff resistance. The second of the two terrorists at Hotel Oberoi was killed at about 7.00 A.M. on November 28, 2008. Nariman House was cleared in the night of November 28 and Hotel Taj, thereafter, at about 9:00 AM on November 29. 304. The prosecution has documented the episodes at Leopold Caf‚, Hotel Taj, Hotel Oberoi, and Nariman House, as well as the Mazgaon Taxi Blast as exhaustively as it has documented the incidents at CST, Cama in , Cama out , Skoda robbery and Vinoli Chowpaty relating to the Appellant and his dead companion Abu Ismail. 305. In regard to Leopold Caf‚, the prosecution examined ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bvious that all five (5) teams were bound together and each team was acting in execution of a common conspiracy. 310. Earlier it was observed that the landing site for the terrorists at Badhwar Park was selected with great care. Here it must be added that the selection of the targets for attack was made with even greater care. CST is a place where people would be present in large numbers, completely defenseless and helpless, within a relatively small and confined space. The Appellant and Abu Ismail went to CST for numbers and, according to plan, they were able to kill fifty-two (52) and wound one hundred and nine (109) people. The intention was plainly to shock and create terror. 311. From CST, the Appellant and Abu Ismail were headed for Malabar Hill, presumably with the intent to take captive some very important person there, which would put enormous pressure on the Government of Maharashtra and the Central Government. 312. Of the other two teams, one went to Leopold Caf‚ and then to the Taj Hotel, and the other to the Oberoi Hotel. Leopold Caf‚ is a highly popular eating and drinking establishment, frequented not only by Mumbaikars but also by domestic and int ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d, enable them to negotiate with the Indian authorities regarding some highly vague and fantastic demands. 314. The attack at Nariman House was intended to somehow involve Israel in the matter and to further internationalize the issue by killing the Jewish and Israeli citizens living there. For a short while, the terrorists who had taken possession of Nariman House seemed to be succeeding in their objective as they were able to establish contact with someone called Levi in the US, who appears to have rushed in as a self-styled intermediary, negotiating to save the lives of the people taken hostage by the terrorists. 315. Thus seen, the attacks at all five targets appear to be integrally connected with each other and the Appellant and Abu Ismail are as much part of the offences committed at the other places as they are responsible for the offences committed by them directly. It may even be said that even if the Appellant was apprehended without firing a single shot and without personally committing any offence on the soil of India, he would still have been connected through conspiracy to the offences committed by the other four teams of terrorists in whose company he came to M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and covered his eyes with black strip and I slit the neck of 'Nakhva' by a knife and killed him. I have hidden 'Nakhva's dead-body there only. We have kept our Satellite phone, G.P.S. and Note-Book in the very Indian boat and have left the said Indian boat in the sea. My nine associates and I with the rifles, bombs and grenades bags boarded the rubber boat and reached the shores of Mumbai. I will show the Indian boat in which dead-body of 'Nakhva', Satellite phone, G.P.S. and note-book are there and the place where 'Nakhva's dead-body is hidden and will take out Satellite phone, G.P.S. and note-book. (Emphasis added to indicate admissibility Under Section 27 of the Evidence Act) 319. The disclosure statement recorded by Jadhav was signed by him and the two panchas. The memo does not bear the signature of the Appellant but there is a certificate by Dr. Vikaskumar Kashinath Kesari (PW-13) stating that the Appellant was unable to hold the pen due to injuries in his right hand (the writing hand) and he was not, therefore, in a position to put his signature on paper. 320. On the basis of the information received from the Appellant a search was mo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at Melat Bandar, Sewree, Mumbai, and came to learn that the Nakhva of the boat, Amar Singh Solanki, had been killed by the terrorists who had captured his boat on the sea. 324. While the Kuber was being searched and brought to Sassoon Docks, the investigation of the case was assigned to the Crime Branch and, at 21:25 hours on November 27, 2008, when the Appellant was discharged from Nair Hospital, Marde took him in his custody. Marde brought the Appellant to the office of the DCB-CID, Unit 3, Lower Parel, where the Appellant was formally arrested by him between 22:30 and 22:45 hours in CR No. 182/2008 (vide Arrest Memo Ext. No. 215). At 22:45 hours, Marde received a call from Jadhav requesting him to bring the Appellant to DB Marg Police Station where information was received in the meanwhile that the vessel Kuber had been brought to Sassoon Docks. Marde reached DB Marg Police Station along with the Appellant at 23:10 hours and, at 23:30 hours, Marde and Jadhav, along with the Appellant and the two witnesses of the disclosure statement Panchnama, namely, Pravin Ashok Hargude and Bhavesh Mahadeo Takalkar (PW-25), left for Sassoon Docks and reached there at 00:00 hours. 325. O ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0) One (1) shirt It may be stated here that the witness was giving the list of the articles from his memory. At this stage, in answer to a court question, he sought permission to refer to the Panchnama Ext. No. 182 and, on referring to the Panchnama, he said that there were fourteen (14) to fifteen (15) shirts. 11) Fifteen (15) jackets 12) Seven (7) tooth brushes 13) Shaving razors 14) One (1) tube of shaving cream* 15) One (1) tube of tooth paste * 16) One (1) empty sugar bag* 17) One (1) empty paper bag of wheat flour* 18) Two (2) air pumps 19) Four (4) packets of detergent powder (Brand name 'PAK')* 20) Empty containers of Nestle milk powder* 21) Eight (8) cans of oil having a capacity of fifty-five (55) litres each (One of the cans had markings of 'Gulf' and 'Karachi') 22) Five (5) barrels of diesel (One of them was empty) 23) Five (5) containers of colour spray 24) One (1) dagger 25) One (1) knife 26) One (1) pair of scissors 27) Three (3) boat covers made of tarpaulin 28) Floor cleaning brush (made in Pakistan)* 327. of course, the panchnama Ext. No. 182 contains a much longer list of articles ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... till the next morning. 332. On the second page on the right side there is a list of the following articles: 1) Biscuit (Candy + Bakery) 2) Sewayyan Vermicelli fine 3) Flour red 4) Drum (for luggage with lock) 333. On the left side there is another list of the following: 1) Phone number of this place 2) Satellite number of this place 3) Photocopies of maps 4) SIMs for mobile sets 5) T-T Pistol 2 in number 6) Mineral water Aquafina 7) Dates good (quality) 10 kilo 8) Current store charger 9) GPS or navigator 10) Satellite + Phone card 334. The third page contains a list of code words: 1) Halattheekhain (All is well) Macchli lag rahihai (Fish are coming) 2) Civil Boat Bhai log (Brothers) 3) Navy Boat Yaar log (Friends) 4) Navy Ship Yaar logon ka group (Group of friends) 5) Engine Machine 6) Madad (help) Maal (Goods) 7) Safar (journey) Barf (Ice) 335. Below the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... MIN GPS devices that were recovered from Taj Hotel. Q121 was, in all probability, recovered from Nariman House and Q122 from Oberoi Hotel. Q121 and Q122 were Magellan GPS devices and the data in those devices were irretrievable as the internal batteries of the two devices had discharged. 342. Jackson stated before the court that his examination of the satellite phone and the five GPS received by him from the Mumbai Police commenced from February 11, 2009, and was completed on February 18, 2009. He explained to the court that to retrieve the data from a GPS device, the device must be connected to a computer and the data is then copied on the computer. Software is then used to examine the data copied on the computer. He stated that he had made his report after examining all the devices. He had copied the data from the GPS devices on the computer and, from the computer, recorded the data on a CD. He identified the CD, Article 517, in court. He also identified the physical copy ( Derivative 2 ) that bore his signature and was marked Ext. No. 601 collectively. He further explained to the court that the waypoints on the GPS were locations that might be latitude and longitude and those ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CENS1, OCENS2, OCENS3 and OCENSA were also plotted on the map Ext. No. 651. He explained that the 'OCENS' waypoints showed the route from south of Pakistan to south Mumbai. The JALA waypoints showed the route from Gujarat to South Mumbai. THE DNA CONNECT: 345. It is seen above that among the articles recovered from Kuber were a number of blankets, shawls and many other items of clothing. The stains of sweat, saliva and other bodily secretions on those articles were subjected to DNA profiling and, excepting Imran Babar (deceased accused No. 2), Abdul Rahman Bada (deceased accused No. 5), Fahadullah (deceased accused No. 7) and Shoaib (deceased accused No. 9), the rest of the six accused were connected with various articles found and recovered from the Kuber. The Appellant's DNA matched the DNA profile from a sweat stain detected on one of the jackets (see report Ext. No. 205-F). A chart showing the matching of the DNA of the different accused with DNA profiles from stains on different articles found and recovered from the Kuber is annexed at the end of the Judgment as Schedule No. III. THE INFLATABLE RUBBER BOAT: 346. From Kuber, in order of sequence, we come ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he court that the Engine Bracket Number of the OBM shown to him was 67602E-3; the CDI number was 6F6-01F 8 T 411727 Y 09; and the sticker on the unit showed engine number as 1020015. The size of propeller was 11x15-G. He further stated that his company was the sole authorized importer and dealer of Yamaha OBMs in India. The verification of those numbers from the company's head office confirmed that the engine examined by him was not imported and sold by their company. He identified in court the OBM, Article 157 that was examined by him. 348. The other witness in this connection was Pat Williams (PW-154), whose evidence was recorded through audio-video linkage while he was sitting in the office of the FBI at Los Angeles, USA. One Geoffrey Maron (PW-153) who was working as a Special Agent of FBI identified Paul Orphanides as an FBI Agent of Los Angeles Office. Paul Orphanides, in turn, identified Pat Williams to the court. Pat Williams stated to the court that he was working as Senior Product Specialist in Yamaha Motor Corporation. The head office of his company was situated at Cypress California, US, and they were manufacturers of outboard machines, motor cycles, scooters, et ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 30852. THE PINK-COLOURED FOAM, THE TERRORISTS' SIGNATURE: 350. From the rubber dinghy that touched Mumbai's shore at Badhwar Park, we return to CST. We have earlier seen the absolute mayhem created by the Appellant and his associate, the dead Abu Ismail, at CST railway station. We now re-visit the place looking for any evidence of conspiracy that might bind them with the other eight terrorists who were on a similar murderous spree at other venues in the city. What we find at CST appears quite innocent, something as ordinary as a piece of foam, pink coloured foam. But that piece of foam inseparably connects the Appellant to the other eight terrorists. As we proceed further, we will find the pink foam running like a thread through all the episodes and connecting them as integral pieces of one single, horrible drama. 351. We may recall here that the pink foam first appeared among the many articles found and seized from MV Kuber. In Ext. No. 182, the seizure Panchnama regarding the articles found and seized from the Kuber, it is listed at serial No. 10 as Six (6) pieces of pink colour foam of different sizes . Serial No. 13 of the Panchnama mentions a six (6) inch st ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m piece 51 c.m. x 193 c.m. x 1 c.m. in size . The full description of the pink foam piece is given at Exhibit No. 32, in the Panchnama dated November 27, 2008, Ext. No. 486. 354. It may further be noted that two (2) other bombs placed by the terrorists near and around Taj Hotel had failed to explode. One bag containing the explosive was picked up from near a tree near Quni Tourism Chowki at a distance of fifty (50) metres from the porch of New Taj Hotel; and the other was found near Gokul Restaurant in Gokul Wine Shop Lane in front of the State Bank of Hyderabad. Both the bags containing explosives were seized under the Panchnama dated November 27, 2008, Ext. No. 736, in the presence of panchas Hiteshchandra Vijaykumar Awasthi and Amarnath Ramvilas Yadav. In the Panchnama the description of the first explosive is given as follows: One black colour carrying bag containing rectangular metal container approximately measuring 10 -10 0-2, 5 with a metal cover on the top and latch on the side, covered by pink colour foam from all sides. The firing mechanism electronic timing device, one white paper written in Urdu and English stuck upon the electronic timer, two 9-V durasale (s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o. 182 and PW-41 Gorakh Nalawade (for seizure of the foam pieces on Kuber), Ext. No. 269 and PW-74 Pandharinath Yeram (for seizure of the foam pieces from CST), Ext. No. 486 and PW-115 Nazimuddin Sheikh (for seizure of the foam pieces from Cama Hospital) Ext. No. 736 and PW-182 Prakash Bhoite (for seizure of the foam pieces from Hotel Taj): The foam pieces were numbered in the forensic science laboratory as Ext. No. 75 of DNA-443B-08 in Ext. No. 1011 (on Kuber), Ext. No. 1 M.494-08 in Ext. No. 1012 (from CST), Ext. No. 53 of BL No. 990/C/08 in Ext. No. 1009 (from Cama Hospital) and Ext. No. 1 of M.516-08 Ext. No. 3 of M.516-08 in Ext. No. 1010 (from Hotel Taj): and finally see the deposition of the Forensic Examiner Ramchandra Mavle (PW-247) and his report Ext. No. 1013. INTERCEPTED PHONE CALLS RECORDS: 360. The most clinching evidence regarding conspiracy comes from the recordings of intercepted telephone calls between the terrorists and their co-conspirators and collaborators sitting in a foreign land that, in light of the over all facts and circumstances of the case, can only be Pakistan. Unlike the Appellant and his dead companion, Abu Ismail (deceased accused No. 1), ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... umber to the police landline number 02223053162. The calls made from or to the aforesaid mobile number thus diverted to the police landline could then be heard on headphones or the speaker of a computer with the aid of appropriate software. The ATS office had software called 'Shogie' installed in the office computer for that purpose. 366. Kadam stated before the court that the first conversation recorded by him from that mobile number commenced at 01:04 hours on November 27, 2008, and the last call from that mobile number was recorded by him at 10:27 hours of November 27, 2008. He further stated before the court that the conversation was being heard by him personally and being recorded on the hard disk of the computer simultaneously. The recordings from the hard disc of the computer were copied on to CDs and the conversations recorded on the CDs were later transcribed on paper. 367. He further told the court that, from the conversations made from mobile phone number 9910719424, he could make out that the callers from that phone were speaking from Hotel Taj and that their names were Ali, Umar, Abdul Rehman and Shoeb. The two persons on the other end were called Vashibh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he year 1993 and registered in the State of Delaware. The office of the Corporation was situated in New Jersey. The brand name as well as the domain name of the Corporation was Callphonex. The Callphonex telephone number, in the month of November, 2008, until January 6, 2009, was (201)253-1824. Al Sharif further stated before the court that they were providing Voice over Internet Protocol (VoI P) Services in wholesale as well as in retail. Any person, who wanted to avail of their services, in case he was not in the US, could contact them through their website. The customer had to register through email. After getting the email from the customer, they would set up services in accordance with the customer's requirement. Pre-payment was necessary in all cases. He further stated that ordinarily, in case a customer availing their services made a call to any phone that displayed caller ID, the screen would display the Callphonex number (which, as noted above, was (201)253-1824 in November, 2008). He explained that the carrier could suppress the number but the user had no control over their number [(201)253-1824]. He further said that they had numbers from different countries. Some of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , claiming to be from India, was a fake identity created for the sole purpose of obtaining the VoI P services from Callphonex. But this was made very clear by the investigation made by the FBI as would appear from a communication dated February 18, 2009, from the Special Agent of the Bureau (PW-153) in response to the letter-o-gatory issued by the Court of the Additional Chief Metropolitan Magistrate, Esplanade, Mumbai, on Miscellaneous Application No. 1/2009. The communication from the FBI dated February 18, 2009, is Ext. No. 617-A and it states the following with regard to the two payments made to Callphonex from Kharak Singh's account: Two payments were made to Callphonex for Singh's accounts. On October 27, 2008, the initial payment of $250.00 was wired to Callphonex via Money Gram, receipt number 80700471903880005473. The sender for this payment was Muhammad Ishfaq. The sender used Money Gram agent Paracha International Exchange located at Road Anarkali Fayazuddin in Lahore, Pakistan. According to Money Gram records, Ishfaq provided an address of Post office Mall Awn Teh Gujar K, Peshawer, Pakistan and telephone number 03455698566. Copies of the Money Gram receipts ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... chat logs and the e-mails exchanged between Kharak Singh and Callphonex. We have no doubt that even in the three chat logs it is not the same person who is chatting under the fictitious name of Kharak Singh. That the persons chatting as Kharak Singh are different persons is evident from the different styles of language and their use of slang. 381. Perhaps Nizar Al Sharif's commercial interest got the better of his sense of discretion, or perhaps he was too naive to see through the clear deception. His services were thus used by a bunch of terrorists for the mass killing of innocent people. According to him, he realized that a false account was opened with him for unlawful purposes only after the massacre in Mumbai. MOBILE NUMBERS 9910719424, 9820704561 and 9819464530 and THE MOBILE PHONES USING THOSE NUMBERS: 382. We have seen how the collaborators of the terrorists killing innocent people in India hid behind the phone number of Callphonex and tried to conceal the locations from which they were making calls. We shall now take a brief look at the three numbers from which the terrorists holed up in at Hotel Taj, Hotel Oberoi and Nariman House were calling or receiving ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... otel Oberoi, who took out the Sim card from her mobile and used it to make calls from their own mobile. Any call made through the Sim card of Rita Agarwal would display the number 9820704561 on the receiving phone. This was the third number that had come to the notice of Kadam (PW-242). 386. It is thus clear that the terrorists at Hotel Taj were using a Sim card that was obtained in India under a fictitious name Suresh Praad on the basis of fake identity documents. The terrorists at Nariman House and Hotel Oberoi used Sim cards snatched from their respective victims, which they used to make calls from their own mobile phones. 387. From the materials brought on record, it is evident that all the aforementioned five Nokia 1200 mobile phones were manufactured in Dong Guan, China, and were shipped to Pakistan. Exhibit No. 606 is a communication dated February 12, 2009, from Mary Lozano, ACP, Enforcement Manager / Americas Nokia Inc. (PW-155) addressed to SA Geoffrey Maron of the Federal Bureau of Investigation (PW-153). In the aforesaid communication it is stated as follows: February 12, 2009. SA Geoffrey Maron Federal Bureau of Investigation 11000 Wilshire Blvd Lo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y appear to be its ugliest and most hateful part. Those conversations unveil warped minds conceiving perverted objectives and trying to realize those objectives through vicious and dastardly means. 390. In an early talk Described in the transcripts of intercepted calls from Hotel Taj: Talk No. 2 that took place between 01:15:01 to 01:16:42 hrs. on November 27, 2008, between one of the terrorists from Hotel Taj and the collaborators, the latter appear quite anxious that the hotel building should be set on fire. They constantly urge the terrorist to start the fire but this man seems to be a little nervous as he finds himself alone holding a hostage (Ramamoorthy) while his other partners, who had gone on reconnaissance and in search of more hostages, are delayed in returning. Every time the collaborators ask him to start the fire and throw grenades he complains that his partners have not come back even though he had told them to come back quickly. The collaborators ask him many questions about the sea journey and get answers that would not have made them very happy as everything did not go as per instructions. The terrorist in Hotel Taj told them that the Indian boat was not sunk i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es.] UK 2: Baaki bhaiyon ko salaam kehna. Mazboot rehna apni baaton mein, apni baaton mein mazbooti paida karo. Aapne duniya ko chhoda hai. Jannat Insha-allah iss se bahut behtar hai. Apne vaade zaroor poore karna jo sachhe vaade hain. Hamare liye bhi dua karna. [Tell my 'Salaam' to the rest of the brothers. Be strong in your actions; in your actions instill strength. You have left this world. Paradise is far better than this world. You must fulfil your promises, which are true promises. Pray for us too.] TRANSCRIPTS FROM HOTEL OBEROI Talk No. 4 (Ext. No. 979) (The collaborator talking from across the border has been marked as 'UK' and the terrorists holed up in the Hotel Oberoi are marked as 'T') UK: Insha-allah, pata matlab yeh hai ki iss waqt Islam aur Kufr ka mamla hai. Hum woh bande hain jisko Allah ne apne deen ke jahaan ke liye bheja hai. Matlab shahadat ki maut toh badi hai. Lekin hai shahadat ka andaaz hai ki dushmanon ke dil mein khauf bitha dein. Aur sahi andaaz hai matlab shahadat. Matlab, na darne ki baat hai, shaheed ka paigaam aage rakhna hai. [God willing, you know, what I mean is at this time the issue is between Islam a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er have forbearance. Be brave, you have to fight unrelentingly.] T: Insha-allah. [God willing.] UK: Haan. Allah madad karega. [Yes. Allah will help you.] UK: Theek hai mere yaar, himmat karo. Muquabla karo, josh se lado. Theek hai. Dua karo, iss waqt karo, iss waqt ki dua badi kabool hoti hai. [All right my friend. Be brave. Fight, fight with passion. Alright. Pray, pray. Prayer at this time is very readily accepted.] Talk No. 12 (Ext. No. 982) UK: Giraftaari waali shakl nahin hone deni. Yeh baat yaad rakhni hai. (There cannot be the eventuality of arrest. You have to remember this.) T: Nahin. Insha-allah, Insha-allah. ( No. God willing, god willing.) UK: Himmat karni hai mere veer, ghabraana nahin hai, Insha-allah; goli lage toh kaamyaabi hai. Allah intezaar kar raha hai. (My brother you have to be strong. Do not be afraid. God willing. If you are hit by a bullet, in that is your success. God is waiting for you.) T: Haan jee. Insha-allah. (All right. God willing.) Deception that the terrorists were Indians and were killing people to vent the grievance of the Indian Muslims; also the attempt to involve Israel 393. (2) TRANSCRIPTS F ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ernment makes this announcement and in reality in order to harass them, the administration pursues Muslim youths and arrests them.] T: Hukumat koi aur insaan karti hai. [The Government makes another announcement.] UK-III:Prashasan uska amal Muslim yuvkon ko giraftaar karke deta hai. Saabit karta hai. [(And) the administration implements it by arresting the Muslim youth. This just shows.] T: Muslim.UK-III: Muslim yuvkon ko, Muslim jawaanon ko. [The Muslim youth, the young Muslim.] T: Nau jawaanon ko. [The youngsters.] UK-III:Giraftaar karke sabit karta hai. [Makes it clear by arresting them.] T: Haan. [Yes.] UK-III:Unka future barbaad karti hai. Unko ye ultimatum de denge hamra abhi toh trailor hai abhi asal film to baaki hai. Hukumat ye jaan le yeh trailor hai, asal film to baaki hai. [Destroys their future. Give them the ultimatum that this is only the trailor and the main film is yet to come. The Government should know that this is only the trailor and the main film still remains.] T: Hukumat ye jaan le sarkaar ye jaan le yeh trailor hai asal film to baaki hai. [The Government should know, the Government should know that this is the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... K-III:Uss jagah ko musalmanon ke hawaale kiya jaaye. Israel ke saath gathbandhan na kiya jaaye. [That spot should be handed over to the Musalmans. There should be no collaboration with Israel.] T: Israel ke saath gathbandhan na kiya jaaye. [There should be no collaboration with Israel.] UK-III:Israel ke saath gathbandhan na kiya jaaye. [There should be no collaboration with Israel.] T: Jee [Jee.] UK-III:Hello [Hello.] T: Haan jee. [Yes jee.] UK-III:Israel ko ye ultimatum diya jaaye ya bawar [beware] kiya jaaye ki woh musalmanon par zulm na kare. Philippines udhar zulm jaati bandh kare. [An ultimatum should be given to Israel; it should be made to realize not to oppress the Musalmans and Philippines too should stop oppressing and harassing.] T: Israel ko. [To Israel.] UK-III: Philippines ki musalmanon ke upar jaatati [jyadati] bandh kiya jaaye. [The harassment of the Musalmans of Philippines should stop.] T: Israel musalman ke khoon se khelna chhod dein. [Israel should stop playing with the blood of Musalmans.] UK-III: Ha. (Whispers: Oberoi mein dhamakon ki awwaz) Theek hai. [Ha. (Whispers to the colleagues with him: Sou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aimed at destabilising Indian society and its governments. But it was equally distressing for being so deeply untruthful. Indian Muslims may have a long list of grievances against the establishment. Some of the grievances may be fanciful, some may be of their own making and some may be substantive. Nevertheless, no Indian Muslim would even think of venting his grievance like an animal, killing, maiming and wounding innocent people; his own countrymen. This is because he is not only loyal to his faith and community but equally loves his country and fellow countrymen. Rejoicing over the killing of high police officials 398. (3) TRANSCRIPTS FROM HOTEL TAJ Talk No. 3 (Ext. No. 970) (The collaborator talking from across the border has been marked as 'UK' and the terrorists holed up in the Hotel Taj are marked as 'T') UK: Koi masla nahin mere yaar, pareshaan nahin hona mere yaar. Aap kaam karo, Allah ki dua se saari Bombay mein tabahi mach gayi hai. 260 bandhe zakhmi hain aur kayee officer mare gayee hain, pachaas fidayeen ghusey hain. Har terah choudah jagah firing ho rahi hai. Sahi Allah ke dua se mahaul bana raha hai. Koyee pareshaani ki baat nahin. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hanging. It is there in every hotel. It is there on each floor, it is in every corridor.] T: Woh kis liye hota hai. (Whisper) Sabse zyada zulm karnewala Commissioner maara gaya. [What is its purpose.][(Whisper) The Commissioner who oppressed most is killed.] UK: Achha mere veer mere bhai jaldi se aag lagao jaise maahol banega. Aur log ghabra jaayengein, aag ke sholey bahar nazar aa jaayengein. [Alright my veer, my brother, please start the fire quickly. That would set the scene and people will panic, the flames would be visible from outside.] UK:Haa, Maine kaha yahan ka Bombay ka police. ... [Yes I said of this place, of Bombay police.] T: Haa haa Pathan hai. [Yes yes, he is pathan.] UK:Yeh Bombay ka Chief maara gaya. [The Bambay Chief is killed.] T: Whisper (to the handler): Maharashtrya hai. (to the hostage) Tu kidhar ka hai. Kis ilake ka hai tu kidhar ka hai. [Whisper (to the handler): He is Maharashtrian. (To the hostage) Where do you belong? From which region, which place?] UK: Chief maara gaya hai. ATS chief maara gaya hai. [The chief is killed. The ATS chief is killed.] TRANSCRIPTS FROM NARIMAN HOUSE Talk No. 18 (Ext. No. 988) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aapko fire karna padhega. Theek hai. [The way you have turned, you should be facing the sea. There, at the corner of the road, there is a building of civilian people. In reality that belongs to the Navy. It is given to the civilians. Over there, policemen are standing at two places. They have taken position and, taking aim at you, they are firing at you. The way you have gone you would have to come from behind and fire at them. You understand?] T3: Theek hai. [All right.] Talk No. 8 (Ext. No. 972) UK:Kyaa haal mere yaar? Shift ho gaye neechey. [How are you, my friend? Have you shifted below?] T: Haan ji shift ho gaye hein aur doosare kamron mein chale hain clear karne ke liye. [Yes jee, we have shifted and are moving to clear the other rooms.] UK:Upar aag laga di hai? [Have you set fire upstairs?] T: Grenade fenka hai. Grenade. [We have thrown a grenade. Grenade.] UK: Grenade ki awaaz aa gayi hai. Grenade unhone dikha diya hai. Dhamaka hua hai. Aadmi zakhmi hue hain. [The sound of the grenade has come. They have shown the grenade. The explosion has taken place. People are wounded.] T: Toh aag lagane lagey hain. [So, (you) have started ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th you...] T2: Haan. [Yes] UK: Jab aapko lage koyi hamarey kareeb pahunch gaye hain aur hamare liye mushkil ho rahi hai. Tab unko aapne khadka dena hai. [When you feel someone has reached close to you and its getting difficult for you, then you have to kill them (the hostages).] T2: Haan haan. Insha-allah. Khadka denge. Insha-allah chaaron hum ek hi kamre mein hain hum log. [Yes yes. God-willing, we shall kill them. God-willing all four of us are in the same room.] UK: Haan yeh baat su no. Chaaron ek kamrey na hon. Do kamron mein aapne intezaam karna hai. [Yes, listen to this. All four of you, don't be in one room. Make arrangements in two rooms.] UK2: Yeh aap kis manzil par hain aap. [On which floor are you?] T2: Hum sabse upar waali chhodkar neecheywale pe. [On the topmost but one.] UK2: Sabse ooperwali chhodkar neechey wale pe. Bande kitne hain aapke paas. [On the topmost but one. How many hostages are with you?] T2: Ek minute jee. Sohaib ko fire maara hai unhon ne toh pehle band karte hain phir aapse raafta (baat kartey hain) kartey hain. [One minute jee. Sohaib has been fired at by them so we stop this talk and get connected ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... three men come inside together then... how many magazines do you have?] T: Char - paanch hain. [Four-five (4-5) are there.] UK: Aapki magazine ko burst pe kar lo. Char char hain naa? [Put your magazine on 'burst' mode. Each of you have four (4), right?] T: Haan jee. [Yes jee.] UK: Aap magazine ko load kar, aap apni gun ko burst par kar lo. Jab bhi fire karna hai. [You load the magazine and put your gun on burst when you have to fire.] T: Sahi. [Right.] UK: Phir control karke chhota karna hai kyonki jab entry hogi toh ek ke baad doosra, doosre ke baad teesra, aisa aana hai unhonein. Tab burst fire karna hai. Zarase bhi nazdeek aayenge to grenade fenko aur jaise grenade fenkoge tab aapne bahar nikal kar saamne daayein baayein firing karni hai toh phir Fadullah. [Then you have to control and make it smaller because when they enter, the second would come after first and the third after the second. They would come like this. Then you have to fire the 'burst'. If they come any closer, then throw the grenade and as soon as you throw the grenade come out and fire in the front and to the right and left and then... Fadullah!] UK: Theek h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... na nahin hai. [I mean keep your position safe. If you have a bed in front of you of foam etc. or a sofa of foam or wood. Such things will provide you cover, if you have to throw the grenade then throw. I mean open the door and throw it and don't throw it on your own feet. But there is an option. Fix the magazine and be ready in all ways. God-willing, if you get hold of a person God-willing he is not to be spared.] Talk No. 12 (Ext. No. 982) UK: Salaam vaaleykum. Fahadullah mere veer; ladayee ki koyi shikast banti nahin ki aap bahar aakar ladain. Grenade fenk kar wahan se nikalne ki koshish karein, kahin aur jaa sakein. [Salaam vaaleykum Fahadullah my brother. You should come out and fight. Throw the grenade and try to come out so that you may change your position.] T: Grenade fenk diye hain donon. [I have thrown both the grenades.] UK: Grenade fenk diye hain? [Have you thrown the grenades.] T: Haan jee. [Yes jee.] UK: Ab kalashan magazine kitni hain tumhare paas? [How many kalashan magazines do you have?] T: Mere paas do hi hain. [I have only two.] UK: Giraftaari waali shakl nahin hone deni. Yeh baat yaad rakhni hai. [There should ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e are marked as 'T') UK.II: Achha, aap yeh khyaal rakhna; jo bandhi hain naa, yeh jab tak aapke paas hain tab tak yeh aapke upar fire nahin karenge. Samjha meri baat? [Well keep this in mind, that as long as these hostages are with you, they will not fire at you. You understand me?] T: Jee jee. [Yes, yes] UK.II: Inka faayda tabtak hai jabtak aapke upar fire aane se rok raha hai. [They are useful only until they are stopping any firing at you.] T: Fire jab open ho jaayga. [When the firing starts.] UK.II:Fire jab open ho jaayga toh aap unko khatm kar do. [When the firing starts, finish them.] T: Jee Jee [Yes, yes] UK.II:Baat samajh aayi aapko? Fire jab open ho jaayga to aap unko khatm kar do. Theek hai. [Do you understand? When the firing starts, then finish them. All right.] T: Insha-allah. [God-willing] UK.II:Jab aapne dekha ke aapke upar dabaav aa raha hai sabse pehle inhein khatm karo. [When you feel that you are coming under pressure, then first of all finish them] T: Insha-allah. [God-willing] UK.II: Kisi army ka yeh daava hota hai ki koyi bhi bande ko taqleef na hote hue kaam karna hota hai. [Every army ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing in their hideouts across the border came to know about the Appellant being caught alive from Indian TV: they came to know about the killing of high ranking police officers also from Indian TV. At one place in the transcript, the collaborators and the terrorists appear to be making fun of the speculative report in the media that the person whose dead body was found in Kuber was the leader of the terrorist group whom his colleagues had killed for some reason before leaving the boat Nariman House, Talk No. 26 (Ext. No. 990). At another place in the transcript the collaborators tell the terrorists in Taj Hotel that the dome at the top (of the building) had caught fire. The terrorists holed up in some room were not aware of this. The collaborators further advise the terrorists that the stronger they make the fire the better it would be for them Hotel Taj, Talk No. 4 (Ext. No. 971). At yet another place the terrorists at Hotel Taj tell the collaborators that they had thrown a grenade. The Collaborators reply, the sound of the grenade has come, they have shown the grenade, the explosion has taken place, people are wounded Hotel Taj, Talk No. 8 (Ext. No. 972). At yet another place th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . An action tending to violate another person's right to life guaranteed under Article 21 or putting the national security in jeopardy can never be justified by taking the plea of freedom of speech and expression. 406. The shots and visuals that were shown live by the TV channels could have also been shown after all the terrorists were neutralized and the security operations were over. But, in that case the TV programmes would not have had the same shrill, scintillating and chilling effect and would not have shot up the TRP ratings of the channels. It must, therefore, be held that by covering live the terrorists attack on Mumbai in the way it was done, the Indian TV channels were not serving any national interest or social cause. On the contrary they were acting in their own commercial interests putting the national security in jeopardy. 407. It is in such extreme cases that the credibility of an institution is tested. The coverage of the Mumbai terror attack by the mainstream electronic media has done much harm to the argument that any regulatory mechanism for the media must only come from within. ARGUMENTS I. Denial of Due Process Mr. Raju Ramachandran: 408. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Elaborating the first submission regarding the right to counsel at the earliest, Mr. Ramachandran said that the Appellant was not made aware of his Constitutional right to counsel under Article 22(1) of the Constitution at the time of his arrest and production before the Judicial Magistrate in remand proceedings. Mr. Ramachandran submitted that a mere offer of legal aid is not the same as being made aware that one has the Constitutional right to consult, and to be defended by, a legal practitioner, and that simply the offer of legal aid does not satisfy the Constitutional requirement. He stated that until the Appellant was produced before the Additional Chief Metropolitan Magistrate on February 17, 2009, for recording his confession, he was not informed of such a right. This statement is factually inaccurate but in fairness to Mr. Ramachandran it must be stated that, as the facts unfolded and the correct picture emerged, he immediately corrected himself and adapted his submissions, as we shall see in due course, to the correct facts. The learned magistrate also did not tell him that under the Constitution he had the fundamental and inalienable right to consult and be represented by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... He referred to paragraphs 159 to 164 of the Judgment where the Court discussed the decision in Nandini Satpathy and the US decision in Miranda and found that the safeguards and protections provided to the accused Under Sections 32 and 52 of the Prevention of Terrorism Act, 2002 (POTA), apart from stemming directly from the guarantees enshrined in Articles 21 and 22 (1) of the Constitution and embodying the guidelines spelt out in the earlier decisions of this Court in Kartar Singh v. State of Punjab (1994) 3 SCC 569 and D.K. Basu v. State of West Bengal (1997) 1 SCC 416, were in complete harmony with the observations of this Court in Nandini Satpathy as well as the Miranda rule enunciated by the U.S. Supreme Court. Mr. Ramachandran also referred to paragraphs 181, 182 and 185 of the Judgment, where the Court eschewed the confessional statement of the accused from consideration on the grounds that they were not apprised of the right to consult a legal practitioner either when they were initially arrested or after POTA was introduced in the case. The Learned Counsel contended that the reasons for which the Court held that strict compliance with the Constitutional safeguards was nece ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y the accused. In the same way, he argued, the administration of justice mandates the provision of a defence lawyer at the earliest because a lawyer provided at the trial stage would be disabled from offering any effective defence if he is presented with a fait accompli in the form of a confession in which the accused condemns himself. It is, therefore, imperative that a Constitutionally acceptable choice is made by the accused before a point of no return is reached. He further submitted that a statutory caution administered by a magistrate, howsoever carefully done in letter and spirit, cannot be a substitute for a lawyer's advice. By the very nature of their differing professions, a judge and a lawyer perform different roles in this context. A judge is required to be detached and can therefore only administer cautions. The nature of legal advice is entirely different. 415. Mr. Ramachandran further submitted that the omission to make the Appellant aware of his Constitutional right to consult, and be defended by, a legal practitioner resulted in the denial of protection against self-incrimination guaranteed under Article 20(3) of the Constitution. In support of the submissio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... all be deprived of his life or personal liberty except according to procedure established by law. 22. Protection against arrest and detention in certain cases.-(1) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice. 418. Mr. Subramanium submitted that the Constitution prescribed values and norms and set out standards of socio-political life, but for actual enforcement those norms and standards were manifested in the provisions of the Code of Criminal Procedure. He submitted that in order to understand the true import and contents of the provisions of the Code of Criminal Procedure, one must look for the Constitutional norms and standards incorporated in those provisions. Thus viewed, the provisions of the Code of Criminal Procedure would appear to be the Constitutional guarantees at work. 419. He referred to Section 161 of Code of Criminal Procedure that provides as follows: 161. Examination of witnesses by police.- (1) Any police officer making an investigation under this Chapter, or any pol ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e deemed to apply to any statement falling within the provisions of Clause (1) of Section 32 of the Indian Evidence Act, 1872 (1 of 1872), or to affect the provisions of Section 27 of that Act. Explanation.-An omission to state a fact or circumstance in the statement referred to in Sub-section (1) may amount to contradiction if the same appears to be significant and otherwise relevant having regard to the context in which such omission occurs and whether any omission amounts to a contradiction in the particular context shall be a question of fact. (Emphasis supplied) 422. Mr. Subramanium stated that Sub-section (1) of Section 162, insofar as it makes any statement, in any form, made to police officers inadmissible, is a mirror reflection of the right against self-incrimination contained in Article 20(3). He pointed out that Sub-section (2) of Section 162 carves out only limited exceptions to Sub-section (1), to the extent of statements falling under the provisions of Sections 32(1) and 27 of the Evidence Act, 1872. 423. Section 163 of Code of Criminal Procedure is also significant in its import: 163. No inducement to be offered.- (1) No police officer or other person ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rds before the commencement of the inquiry or trial: 1[Provided that any confession or statement made under this Sub-section may also be recorded by audio-video electronic means in the presence of the advocate of the person accused of an offence: Provided further that no confession shall be recorded by a police officer on whom any power of a Magistrate has been conferred under any law for the time being in force.] (2) The Magistrate shall, before recording any such confession, explain to the person making it that he is not bound to make a confession and that, if he does so, it may be used as evidence against him; and the Magistrate shall not record any such confession unless, upon questioning the person making it, he has reason to believe that it is being made voluntarily. (3) If at any time before the confession is recorded, the person appearing before the Magistrate states that he is not willing to make the confession, the Magistrate shall not authorise the detention of such person in police custody. (4) Any such confession shall be recorded in the manner provided in Section 281 for recording the examination of an accused person and shall be signed by the person ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er submitted that the confession of the accused Under Section 164 Code of Criminal Procedure is not a statement recorded under oath and, therefore, the proceedings retain their adversarial character and do not take any inquisitorial colour. He contrasted the recording of a confession Under Section 164 with the examination of the accused as a witness in support of his own case (Under Section 315 Code of Criminal Procedure), wherein the accused is examined on oath, and pointed out that the voluntary character of the judicial confession is, thus, ascertained at three stages: i) Under Section 164(2), by the magistrate prior to the recording of the confession; ii) Under Section 164(4), by the magistrate subsequent to the recording of the confession; and iii) Upon the examination of the magistrate, who recorded the confession, on oath in course of the trial. 430. Mr. Subramanium argued that Indian law, in regard to the investigation of crimes, recognised and put into application the extremely important distinction between an involuntary statement obtained by inducement or coercion and a voluntary statement. The former was condemned and completely excluded from consideration a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Constitutional safeguards. The purpose of placing such safeguards in the Constitution is not to create a separate level of compliance, but to emphasize the importance and enduring nature of these protections by giving them Constitutional status. 434. Dealing with the right to legal assistance, Mr. Subramanium submitted that the right to legal aid and the stage when the right comes into effect are to be found in Article 22(1) of the Constitution, which states that no person who is arrested ... shall be denied the right to consult, and to be defended by, a legal practitioner of his choice . According to Mr. Subramanium, Article 22(1) has thus two significant facets: i) The enablement of an arrested person to consult a legal practitioner of his choice; ii) The right of an arrested person to be represented by a legal practitioner of his choice. 435. He submitted that the phrase to be defended made it clear that the character of the right guaranteed under Article 22(1) transforms from an enablement to a positive right only when an arrested person is put on trial. 436. In this regard, he made a reference to the provisions of Section 304 Code of Criminal Procedure. He c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n in which the accused is subjected to threat, inducement or coercion. 439. The Learned Counsel further submitted that the Miranda rule was substantially diluted even in the US and the Miranda decision has not been consistently and uniformly followed in the United States itself. In support of this submission, he referred to the Judgment of the US Supreme Court in Davis v. United States 512 US 452 (1993), in which it was held by that Court that the suspect must unambiguously request for counsel and that the police were not prohibited from continuing with the interrogation if the request for counsel by the suspect did not meet the requisite level of clarity. Significantly, it was observed by the US Supreme Court that a suspect who knowingly and voluntarily waives his right to counsel after having that right explained to him has indicated his willingness to deal with the police unassisted. 440. Mr. Subramanium further submitted that the principle of waiver of the privilege against self-incrimination and the right to counsel was further elaborated upon by the US Supreme Court in its recent Judgment in the matter of Berghuis, Warden v. Thompkins 130 S. Ct. 2250 (2010) [State Com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... u, the Court was dealing with the use of compulsion during investigation and the need to insulate the accused from any coercive measures. It was in that connection that this Court issued guidelines incorporating the requirements that the arrestee may be permitted to meet his lawyer during interrogation, though not throughout the interrogation . Mr. Subramanium submitted that the decision in D.K. Basu has construed Article 22(1) as an enablement and not as a mandatory right. 445. Navjot Sandhu was the case of a terrorist attack on the Parliament of India and, in that case, this Court considered the import of the right to counsel in the context of the provisions of the Prevention of Terrorism Act, 2002. Mr. Subramanium submitted that a comparison of the provisions of the POTA with the Miranda principle was quite apt, in that the statutory scheme of the POTA, like US law, allowed confessions made to police to be admissible. With respect to the right to counsel, this Court made the following observation in paragraph 160 of the Judgment, after analyzing the Judgments in Miranda and Nandini Satpathy: Based on the observations in Nandini Satpathy case it is possible to agree that t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ontemplated in the Judgment of Miranda has not been followed in either the United States or in other jurisdictions, particularly due to the qualification of intelligent and voluntary waiver. THE COURT: 449. Let us first put aside the Miranda decision that seems to have entered into the discussions of this case as a red herring. The Miranda decision was rendered under a system of law in which an utterance made by a suspect before the police could lead to his conviction and even the imposition of the death penalty. From the Judgment in the Miranda case it further appears that the police would subject the suspect to incommunicado interrogation in a terribly oppressive atmosphere. The interrogator would employ all the intimidation tactics and interrogations skills at his command, not to find out the truth but to somehow crack the suspect and make him 'confess' to his guilt. It was in such a situation that the US Supreme Court evolved the Miranda rules, in order to provide necessary protection to the accused against self-accusation and to ensure the voluntary nature of any statement made before the police, and came to hold and direct as under: To summarize, we hold that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nterrogation is overplayed.... ... In India, confessions made to police not in the presence of a magistrate have been excluded by rule of evidence since 1872, at a time when it operated under British law. 452. The Court then noticed Sections 25 and 26 of the Indian Evidence Act and then referred to the decision of the Indian Supreme Court in Sarwan Singh v. State of Punjab AIR 1957 SC 637 (644) in the following words: To avoid any continuing effect of police pressure or inducement, the Indian Supreme Court has invalidated a confession made shortly after police brought a suspect before a magistrate, suggesting: [I]t would, we think, be reasonable to insist upon giving an accused person at least 24 hours to decide whether or not he should make a confession. 453. The US Supreme Court, thus, clearly acknowledged and pointed out that the measures to protect the accused against self-incrimination evolved by it under the Miranda rules were already part of the Indian statutory scheme. 454. Moreover, a bare reference to the provisions of the Code of Criminal Procedure would show that those provisions are designed to afford complete protection to the accused against self-i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ccused. 456. Here it will be instructive to see how the Miranda decision has been viewed by this Court; in what ways it has been referred to in this Court's decisions and where this Court has declined to follow the Miranda rules. 457. Significant notice of the Miranda decision was first taken by a three-Judge bench of this Court in Nandini Satpathy. The Appellant in that case, a former Chief Minister of Orissa, was summoned to the police station in connection with a case registered against her Under Section 5(1) and (2), Prevention of Corruption Act, 1947, and Sections 161/165, 120-B and 109 of the Penal Code, and was interrogated with reference to a long string of questions given to her in writing. On her refusal to answer, a complaint was filed against her Under Section 179 of the Penal Code and the magistrate took cognizance of the offence. She challenged the validity of the proceedings before the High Court. The High Court dismissed the petition following which the Chief Minister came to this Court in appeal against the order passed by the High Court. It was in that context that this Court made a glowing reference to the Miranda decision; however, in the end, this Cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st investigation by lawless means, but we are not aware of any decision in which the Court might have followed the core of the Nandini Satpathy guidelines or the Miranda rule. 459. In Poolpandi, the Appellants before this Court, who were called for interrogation in course of investigation under the provisions of the Customs Act, 1963, and the Foreign Exchange Regulation Act, 1973, claimed the right of presence of their lawyer during interrogation, relying strongly on Nandini Satpathy. The question before the Court was thus directly whether a person summoned for interrogation is entitled to the presence of his lawyer during questioning. But a three-judge bench of this Court rejected the appeal, tersely observing in paragraph 4 of the Judgment as under: Both Mr. Salve and Mr. Lalit strongly relied on the observations in Nandini Satpathy v. P.L. Dani. We are afraid, in view of two Judgments of the Constitution Bench of this Court in Ramesh Chandra Mehta v. State of W.B. and Illias v. Collector of Customs, Madras, the stand of the Appellants cannot be accepted. The Learned Counsel urged that since Nandini Satpathy case was decided later, the observations therein must be given eff ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in all cases of arrest or detention as preventive measures. While dealing with the question of striking a balance between the fundamental rights of the suspect-accused and the necessity of a thorough investigation in serious cases that may threaten the very fabric of society, such as acts of terrorism and communal riots etc. this Court, in paragraph 32 of the Judgment, referred to the opening lines of Part IV of the Judgment in Miranda. A recurrent argument, made in these cases is that society's need for interrogation outweighs the privilege. This argument is not unfamiliar to this Court. [See e.g., Chambers v. Florida 309 US 227 : 84 L Ed 716 : 60 S Ct 472 (1940), US at pp. 240-41 : L Ed at p. 724 : 60 S Ct 472 (1940)]. The whole thrust of our foregoing discussion demonstrates that the Constitution has prescribed the rights of the individual when confronted with the power of Government when it provided in the Fifth Amendment that an individual cannot be compelled to be a witness against himself. That right cannot be abridged. (Emphasis Original) 463. Navjot Sandhu is a case under the Prevention of Terrorism Act, 2002 (in short POTA ). The law of the POTA is a major d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tisfied unless those rights are read out to the accused and further to contend that the omission to read out those rights to the accused would result in vitiating the trial and the conviction of the accused in that trial is something entirely different. As we shall see presently, the obligation to provide legal aid to the accused as soon as he is brought before the magistrate is very much part of our criminal law procedure, but for reasons very different from the Miranda rule, aimed at protecting the accused against self-incrimination. and to say that any failure to provide legal aid to the accused at the beginning, or before his confession is recorded Under Section 164 Code of Criminal Procedure, would inevitably render the trial illegal is stretching the point to unacceptable extremes. 465. What seems to be overlooked in Mr. Ramachandran's submission is that the law of the POTA is a major departure from the common criminal law process in this country. One can almost call the POTA and a few other Acts of its ilk as exceptions to the general rule. Now, in the severe framework of the POTA, certain constitutional safeguards are built into Section 32, and to some extent in Sect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... utional guarantees. 469. But on the issue of the right of the suspect or the accused to be represented by a lawyer, we find Mr. Subramanium's submissions equally unacceptable. Mr. Subramanium contends that Article 22(1) merely allows an arrested person to consult a legal practitioner of his choice and the right to be defended by a legal practitioner crystallizes only at the stage of commencement of the trial in terms of Section 304 of the Code of Criminal Procedure. We feel that such a view is quite incorrect and insupportable for two reasons. First, such a view is based on an unreasonably restricted construction of the Constitutional and statutory provisions; and second, it overlooks the socio-economic realities of the country. 470. Article 22(1) was part of the Constitution as it came into force on January 26, 1950. The Code of Criminal Procedure, 1973 (Act 2 of 1974), that substituted the earlier Code of 1898, came into force on April 1, 1974. The Code of Criminal Procedure, as correctly explained by Mr. Subramanium in his submissions, incorporated the Constitutional provisions regarding the protection of the accused against self-accusation. The Code of Criminal Proced ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... slation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities. 473. In furtherance to the ideal of Article 39-A, Parliament enacted the Legal Services Authorities Act, 1987, that came into force from 9.11.1995. The Statement of Objects and Reasons of the Act, insofar as relevant for the present, reads as under: Article 39A of the Constitution provides that the State shall secure that the operation of the legal system promotes justice on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities. (Emphasis Added) 474. Sections 12 and 13 in Chapter IV of the Act deal with entitlement to legal services, and provide for legal services under the Act to a very large class of people, including members of Scheduled Castes and Scheduled Tribes, women and children and persons in receipt of annual income less than Rupees nine thousand (Rs 9,000/- ) if the case is before a court other ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the article emphasised that free legal aid was an unalienable element of a reasonable, fair and just procedure, for without it a person suffering from economic or other disabilities would be deprived from securing justice. In paragraph 7 of the Judgment the Court observed and directed as under: 7....The right to free legal services is, therefore, clearly an essential ingredient of reasonable, fair and just , procedure for a person accused of an offence and it must be held implicit in the guarantee of Article 21. This is a constitutional right of every accused person who is unable to engage a lawyer and secure legal services on account of reasons such as poverty, indigence or incommunicado situation and the State is under a mandate to provide a lawyer to an accused person if the circumstances of the case and the needs of justice so require, provided of course the accused person does not object to the provision of such lawyer. We would, therefore, direct that on the next remand dates, when the under-trial prisoners, charged with bailable offences, are produced before the Magistrates, the State Government should provide them a lawyer at its own cost for the purpose of making ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stage of trial but also at the stage when he is first produced before the magistrate as also when he is remanded from time to time. 480. In paragraph 6 of the Judgment, this Court further said: But even this right to free legal services would be illusory for an indigent accused unless the Magistrate or the Sessions Judge before whom he is produced informs him of such right.... ...The Magistrate or the Sessions Judge before whom the accused appears must be held to be under an obligation to inform the accused that if he is unable to engage the services of a lawyer on account of poverty or indigence, he is entitled to obtain free legal services at the cost of the State.... We would, therefore, direct the Magistrates and Sessions Judges in the country to inform every accused who appears before them and who is not represented by a lawyer on account of his poverty or indigence that he is entitled to free legal services at the cost of the State. Unless he is not willing to take advantage of the free legal services provided by the State, he must be provided legal representation at the cost of the State.... (Emphasis Added) 481. The resounding words of the Court in Khatri (II ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stody and for granting of bail; to clearly explain to him the legal consequences in case he intended to make a confessional statement in terms of Section 164 Code of Criminal Procedure; to represent him when the court examines the chargesheet submitted by the police and decides upon the future course of proceedings and at the stage of the framing of charges; and beyond that, of course, for the trial. It is thus to be seen that the right to access to a lawyer in this country is not based on the Miranda principles, as protection against self-incrimination, for which there are more than adequate safeguards in Indian laws. The right to access to a lawyer is for very Indian reasons; it flows from the provisions of the Constitution and the statutes, and is only intended to ensure that those provisions are faithfully adhered to in practice. 486. At this stage the question arises, what would be the legal consequence of failure to provide legal aid to an indigent who is not in a position, on account of indigence or any other similar reasons, to engage a lawyer of his own choice? 487. Every accused unrepresented by a lawyer has to be provided a lawyer at the commencement of the trial, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pellant belonged to an economically weaker section, with an annual income of under Rupees twenty thousand (Rs. 20,000/- ) per annum. What is important for the present, however, is the note in the Record of Formalities ... that the Appellant refused the offer of legal aid made to him. 490. We were also shown an undated letter written by the Appellant to the Pakistani Consulate/High Commission ( Pakistani Wakalat ), New Delhi. The letter is in broken Urdu and is written in half-literate handwriting. The Appellant handed over the letter to Marde on December 10, 2008. Marde passed the letter to his superiors, and the ACP (Crime), Mumbai, forwarded it to the Joint Secretary (Foreigners), Ministry of Home Affairs, Government of India, on December 11, 2008, with a request to arrange Consular access for the Appellant. In this letter, the Appellant asserts his Pakistani identity and nationality, and states that after having received armed training at different places in Pakistan, he and his associates made an attack on India. In the exchange of firing with the police, Ismail was killed and he received gun-shot injuries. He requested legal aid and asked that the Pakistani authorities sh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ar as the junior counsel to represent the Appellant on April 1, 2009. At this stage, one Kaikhushru Lam, who had been clamouring for some time to be allowed to represent Kasab, filed a petition against the appointment of Ms. Anjali Waghmare, stating that she was representing a victim of the terrorist attack and a potential witness in the trial for compensation for the victim, in a separate civil proceeding. When this fact came to light, the trial judge revoked the appointment of Ms. Anjali Waghmare by a reasoned order passed on April 15, 2009, observing that there was a possibility of conflict of interests. Then, after careful consideration and consultations with a number of senior advocates, the court finally chose Mr. Abbas Kazmi, advocate, to represent the Appellant. The court selected Mr. Kazmi in consultation with the President of the Bar, and taking into account the magnitude of the case and the competence and experience of Mr. Kazmi. Mr. Kazmi was then provided a chamber on the first floor of the court building and was given all the facilities to conduct the case properly and without any difficulty (including round-the-clock armed security!). 492. On April 17, 2009, the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... He made a similar request in a second letter that was handed over to the Additional Chief Metropolitan Magistrate. In the second letter, there is an assertion that he did not want to be represented by an Indian lawyer. It is thus clear that, in his mind, the Appellant was still at war with India, and he had no use for a lawyer from the enemy country. Moreover, the negative assertion that he did not want an Indian lawyer itself implies that he had received offers of legal counsel. But those offers were not acceptable to him. 495. The Appellant's refusal to accept the services of an Indian lawyer and his demand for a lawyer from his country cannot be anything but his own independent decision. The demand for a Pakistani lawyer in those circumstances, and especially when Pakistan was denying that the Appellant was even a Pakistani citizen, might have been impractical, even foolish, but the man certainly did not need any advice from an Indian court or authority as to his rights under the Indian Constitution. He was acting quite independently and, in his mind, he was a patriotic Pakistani at war with this country. 496. On March 23, 2009, the Appellant finally asked for a law ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y feel hesitation in asking for time but the court itself must allow adequate time to him for preparing the case. He also relied upon the decision of this Court in Bashira v. State of U.P. (1969) 1 SCR 32. In that case, the court had proceeded with the trial on the same day on which it appointed the Amicus to represent the accused. This Court held that the defence was not given sufficient time and, accordingly, set aside the Judgments of the courts below and remanded the case for re-trial. Mr. Ramachandran relied upon yet another decision of this Court in Ranchod Mathur Wasawa v. State of Gujarat (1974) 3 SCC 581 (para 1). In this case, though this Court held that sufficient time was given to the counsel representing the accused, it observed that the courts should adopt a sensitive approach to see that the accused felt confident that the counsel chosen for him by the court has had adequate time and material to defend him properly. 500. Mr. Kazmi was appointed to represent the Appellant on April 16, 2009, and he made an application for time on April 21, 2009. The court allowed him eight (8) days' time, which cannot be said to be unreasonable. It is true that during those eigh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or relevance to the offences in regard to which the confession was being made. The Learned Counsel pointed out that the confession started by giving the address of the village where the Appellant was born and where he spent his childhood. The Appellant then gave the names of his parents and the mobile phone number of his father; the names of his younger siblings who lived with his parents and those of his elder brother and sister who were married and lived at different places, along with their addresses. After the names of the immediate family, he went on to give the names and addresses of his uncles and aunts and cousins, both on the paternal and maternal sides. Those were people whom the Appellant had left long before joining the Lashkar-e-Toiba and taking on the mantel of a Jihadi. Mr. Ramachandran submitted that there was no reason to mention all of them in a confession regarding the terrorist attack on Mumbai. He further pointed out that the Appellant seems to exhibit a phenomenal memory in the confessional statement, naming a large number of persons with their aliases and their home towns, with street names as well as the names given to them by the Jihadi group, along with th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as well as the Sahzish behind the attack. Mr. Ramachandran said that Sahzish is an Urdu word which would be roughly translated into English as conspiracy but that it has negative connotations. To the Appellant, the preparation and the training for launching the attack on India were a patriotic duty and not Sahzish . He also referred to the passage in the confession about the training camp at Muzzaffarabad. In the confessional statement the Appellant is shown to have described Muzaffarabad as being situated in POK . Mr. Ramachandran submitted that for the Appellant, unlike for an Indian, this region was not POK (Pakistan Occupied Kashmir) but rather it was Azad Kashmir , and contended that the Appellant could not have used the words Sahzish or POK and several other similar words that occur in his confessional statement. 508. Mr. Ramachandran further submitted that operations of the kind in which the Appellant was involved work strictly on a need to know basis , such that individual operatives are given information limited to what is essential for execution of the role assigned to them. This is for their own safety and for the safety of the larger group, as also fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... point, the Appellant asks Abu Ismail where they are going and Abu Ismail vaguely replies that they are going to Malabar Hill and, on being asked again, tells the Appellant that he would tell him the exact destination only after reaching Malabar Hill. and then, as they pass through the road by the sea, the Appellant recalls that this was the same road as was shown in the maps prepared by the other two accused, as going towards Malabar Hill. Mr. Ramachandran said that if Malabar Hill was actually the area they were headed for, it is impossible to believe that he would not know their exact target there, or that Abu Ismail would hold it back from him till they reached there. The Learned Counsel contended that the whole passage was clearly an untrue insertion for filling up the blanks in the prosecution case. 513. Mr. Ramachandran also referred to two other passages in the confession, one relating to the terrorists' encounter with two persons as they came ashore at Badhwar Park, and the other regarding the Appellant's planting of an RDX bomb in the taxi by which the Appellant and Abu Ismail came to CST. Mr. Ramachandran submitted that the first passage was intended to prop up ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , and we too find the references to accused 2 and 3 at three (3) places in the confessional statement highly unsatisfactory. We are also of the view that the reference to their destination being Malabar Hills when Abu Ismail and the Appellant were caught at Vinoli Chowpaty is equally vague, and that also is perhaps mentioned to establish a connection with the alleged maps prepared by accused 2 and 3. But so far as the rest of the very detailed confession is concerned, there is absolutely no reason to doubt that it was made voluntarily and without any influence or duress from any external agency. 517. Taking Mr. Ramachandran's criticisms one by one, the detailed references by the Appellant to his parents and a larger number of his relatives, their addresses and the mobile phone numbers of some of them, and his references to the different places in Pakistan, appears to us to be directed against the Pakistani authorities. It is the Appellant's assertion, made consciously or subconsciously, of his Pakistani identity and nationality. It is noted above that, shortly after his arrest, he had sent two letters (one undated, handed over to Marde; the other dated December 26, 2008, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e team, was supposed to die in the course of the attack, and with his death everything would have remained unknown. We may recall here the injunction by the collaborators to the terrorists against being caught alive as appearing in the transcripts of their phone calls. It was only thanks to the fact of his being caught alive (which, as the phone transcripts indicate, made his handlers quite anxious) that the Indian authorities were able to learn the names of the other people in the organization, their specific roles and their positions in the organization. As to the recording of certain statements within quotes by the learned magistrate, that is only a manner of how the Appellant spoke. The Appellant would say a long sentence and then add that this was what so-and-so said. The magistrate would then record the statement within inverted commas even though the sentences would be made by the Appellant himself, paraphrasing the words of others. Further, to say that the confessional statement was intended to confirm the findings of the police investigation is actually to blame the police for an excellent investigation. If the confessional statement confirms the findings of the investigat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... spector Chavan was about to enter the witness box on July 20, 2009, the Appellant in the dock expressed a desire to have a word with his Counsel. After a brief consultation that lasted for about half a minute, Mr. Kazmi informed the court that the Appellant wanted to say something to the court directly. On being asked to speak by the court, the Appellant said that he was accepting his guilt. The Special Public Prosecutor objected to entertaining any plea of guilty at that stage, on the grounds that the stage of Section 229 Code of Criminal Procedure was already over. The court, however, rightly overruling the objection, allowed the Appellant to make a statement, which was recorded after giving him due caution. 523. This is once again a long statement but it does not have the organized structure that Mr. Ramachandran pointed out in respect of the confessional statement recorded by the magistrate. In his statement before the court the Appellant began the story from CST station, where both he and Abu Ismail fired from AK-47 rifles and Abu Ismail threw hand grenades at a crowd of passengers. Starting from CST he went up to Vinoli Chowpaty, where he and Abu Ismail were finally caught ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nfluenced by any extraneous source or reason. 526. His Pakistani identity and nationality having been acknowledged On an enquiry made by the court as to how the Appellant, being under judicial remand, came to learn that Pakistan had acknowledged him to be his national, it came to light that the Appellant learnt about the fact from the guards on duty. Actually, on February 12, 2009, the Interior Minister of Pakistan acknowledged that the Appellant is a citizen of Pakistan in a press conference. But the Appellant came to know about it much later and used it as an excuse to make a statement before the court. there was no need for the Appellant to remind the Pakistani establishment of his nationality by giving details of his family and their addresses. 527. The court, of course, did not accept the statement that was sought to be made as the plea of guilty because it was a very diluted and partial admission of only some of the charges. It, accordingly, proceeded with the trial. 528. While dealing with the statements made by the Appellant, it may also be noted that, finally, in the statement recorded Under Section 313 of the Code of Criminal Procedure, he denied the en ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Judgment we had examined the evidence of conspiracy in considerable detail, which may be broadly classified under three heads: (i) the confessional statement by the Appellant; (ii) the objective findings in the vessel Kuber, the inflatable rubber dinghy, the different places of attack by the other groups of terrorists and the locations of bomb explosion in the two taxis; and (iii) the transcripts of the phone conversations between the terrorists and their collaborators and handlers from across the border. In our view, evidence under any of these three heads is sufficient to bring home the charges relating to conspiracy against the Appellant. 533. At this stage, however, we must address Mr. Ramachandran's point regarding the admissibility of the transcripts in evidence against the Appellant. Mr. Ramachandran submitted that the transcripts begin from 01.04 AM on November 27, 2008, whereas the Appellant was taken into custody at 00:30 hours on that date. In other words, the transcripts begin after the Appellant was in police custody. He contended that with the arrest of the Appellant his link with the other alleged conspirators was snapped, and it could no longer be said that h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tirely different. The phase of planning the attack and training for it, which form the core of the conspiracy, took place in Pakistan, and the terrorists, including the Appellant, came to Mumbai in execution of the main objects of the conspiracy. The Appellant was apprehended while he was on a killing spree in execution of the objects of the conspiracy and the transcripts of the phone conversation of the other terrorists, associates of the Appellant and their foreign collaborators, relate to a time when the speakers were not only free but were actively involved in trying to fulfil the objects of the conspiracy. The transcripts are by no means any confessional statements made under arrest and they are fully covered by the provisions of Section 10 of the Indian Evidence Act. There is no reason not to take them into consideration in support of the charge of conspiracy against the Appellant. V. Waging War Against the Government of India 534. The Appellant has been convicted on the charge of waging war against the Government of India and is awarded the death penalty Under Section 121 of the Penal Code. In addition, he is separately convicted, Under Section 121A, for conspiracy to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion. The attack on CST was not an attack directly targeting any important symbol of the State or any vital establishment of the State or any important functionaries of the State. The intent to weaken or terrorize the State may render such an act a 'terrorist act' but it would still not satisfy the ingredients of Section 121 of the Penal Code. The Learned Counsel went on to contend that, in any event, after the enactment of the very comprehensive provisions in Chapter IV of the Unlawful Activities (Prevention) Act, 1967, the provisions of Section 121 of the Penal Code would cease to apply to terrorist attack on the Indian State on principles analogous to those governing the implied repeal of statute. 538. Mr. Ramachandran further submitted that, similarly, the mindless killing of persons in a public place would not constitute the offence of waging war against the Indian State. Any argument that an attack on a place which is no more than the hub of a public transportation system amounts to an attack on the State is, according to Mr. Ramachandran, quite fallacious in the context of a criminal statute. The Learned Counsel submitted that to say that an attack on a very impo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion of waging war per se an offence, regardless of whether or not the arms were put to actual use. This Section again uses the expression Government of India and it reads as under: 122. Collecting arms, etc., with intention of waging war against the Government of India. - Whoever collects men, arms or ammunition or otherwise prepares to wage war with the intention of either waging or being prepared to wage war against the Government of India, shall be punished with imprisonment for life or imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine. 543. Section 123 deals with 'Concealing with intent to facilitate design to wage war against the Government of India'. Section 125 deals with 'Waging war against any Asiatic Power in alliance with the Government of India', and Section 126 deals with 'Committing depredation on territories of Power at peace with the Government of India'. 544. Here it may also be noted that Section 39 Code of Criminal Procedure read with Section 176 of the Penal Code makes it an offence for any person who is aware of the commission of, or of the intention of any person to com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted Government. 547. An illuminating discussion on the issue of Waging war against the Government of India is to be found in this Court's decision in Navjot Sandhu. In paragraph 272 of the Judgment P. Venkatarama Reddi, J., speaking for the Court, referred to the report of the Indian Law Commission that examined the draft Penal Code in 1847 and quoted the following passage from the report: We conceive the term ' wages war against the Government' naturally to import a person arraying himself in defiance of the Government in like manner and by like means as a foreign enemy would do, and it seems to us, we presume it did to the authors of the Code that any definition of the term so unambiguous would be superfluous. 548. To us, the expression, in like manner and by like means as a foreign enemy (highlighted by us in the above quotation), is very significant to understand the nature of the violent acts that would amount to waging war. In waging war , the intent of the foreign enemy is not only to disturb public peace or law and order or to kill many people. A foreign enemy strikes at the sovereignty of the State, and his conspiracy and actions are motivated by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to commit the latter offence is covered by Section 121-A. 550. This answers Mr. Ramachandran's submissions to the effect that if an offence comes within the definition of terrorist act Under Section 15 of the Unlawful Activities (Prevention) Act, it would automatically fall out of Section 121 of the Penal Code, as also his rather extreme submission that the incorporation of Chapter IV of the Unlawful Activities (Prevention) Act, 1967, should be viewed as deemed repeal of Section 121 of the Penal Code. As explained in Navjot Sandhu, a terrorist act and an act of waging war against the Government of India may have some overlapping features, but a terrorist act may not always be an act of waging war against the Government of India, and vice-versa. The provisions of Chapter IV of the Unlawful Activities (Prevention) Act and those of Chapter VI of the Penal Code, including Section 121, basically cover different areas. 551. Coming back to the facts of the case in hand, we find that the primary and the first offence that the Appellant and his co-conspirators committed was the offence of waging war against the Government of India. It does not matter that the target assigne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Indian Penal Code for conspiracy to commit murder; (ii) Section 121 Indian Penal Code for waging war against the Government of India; (iii) Section 16 of the Unlawful Activities (Prevention) Act, 1967; (iv) Section 302 Indian Penal Code for committing murder of 7 persons; (v) Section 302 Indian Penal Code read with Section 34 and Section 302 Indian Penal Code read with Sections 109 and 120-B Indian Penal Code. 555. The High Court confirmed the death sentences given to the Appellant by the trial court. 556. Mr. Ramachandran, however, submitted that in no case should the Appellant be given the death penalty. The Learned Counsel submitted that no person can be deprived of his life except according to procedure established by law. It is now well-established that the procedure must be fair, just and reasonable, in other words following the due process of law . Hence, the Court must refrain from awarding the extreme penalty of death, irrevocable and irreversible in nature, in a case where there is the slightest doubt regarding the complete fairness of the trial. The Learned Counsel submitted that the Appellant's trial was compromised on due process and, therefor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as in joyous mood , nothing depends on that and we asked Mr. Ramachandran to address us on the issue of sentence keeping that statement by PW-52 completely aside. 561. Mr. Ramachandran submitted that the strongest reason for not giving the death penalty to the Appellant was his young age; the Appellant was barely twenty-one (21) years old at the time of the commission of the offences. and now he would be twenty-five (25) years of age. It is indeed correct that the Appellant is quite young, but having said that one would think that nothing was left to be said for him. Mr. Ramachandran, however, thinks otherwise and he has many more things to say in the Appellant's favour. Mr. Ramachandran submitted that the Court cannot ignore the family and educational background and the economic circumstances of the Appellant, and in determining the just punishment to him the Court must take those, too, into account. The Learned Counsel submitted that here is a boy who, as a child, loved to watch Indian movies. But he hardly had a childhood like other children. He dropped out of school after class IV and was forced to start earning by hard manual labour. Soon thereafter, he had a quarrel w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ompletely disagree that the Appellant was acting like an automaton. During the past months while we lived through this case we have been able to make a fair Assessment of the Appellant's personality. It is true that he is not educated but he is a very good and quick learner, has a tough mind and strong determination. He is also quite clever and shrewd. Recall here the plea of guilty statement made by him in the midst of his trial. In this statement he artfully and very subtly changed his earlier statement, recorded Under Section 164 Code of Criminal Procedure, thus cleverly offering himself for conviction but trying to escape the extreme penalty. Unfortunately, he is wholly remorseless and any feeling of pity is unknown to him. He kills without the slightest twinge of conscience. Leaving aside all the massacre, we may here refer only to the casualness with which the Appellant and his associate Abu Ismail shot down Gupta Bhelwala and the shanty dwellers Thakur Waghela and Bhagan Shinde at Badruddin Tayabji Marg; the attempt to break into the wards of Cama Hospital to kill the women and children who were crying and wailing inside; and the nonchalance with which he and Abu Ismai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CC 470. It was a case of extraordinary brutality (from normal standards but nothing compared to this case!). On account of a family feud Machhi Singh, the main accused in the case along with eleven (11) accomplices, in the course of a single night, conducted raids on a number of villages killing seventeen (17) people, men, women and children, for no reason other than they were related to one Amar Singh and his sister Piyaro Bai. The death sentence awarded to Machhi Singh and two other accused by the trial court and affirmed by the High Court was also confirmed by this Court. 567. In Machhi Singh this Court observed that though the community revered and protected life because the very humanistic edifice is constructed on the foundation of reverence for life principle it may yet withdraw the protection and demand death penalty. The kind of cases in which protection to life may be withdrawn and there may be the demand for death penalty were then enumerated in the following paragraphs: 32. ... It may do so in rarest of rare cases when its collective conscience is so shocked that it will expect the holders of the judicial power centre to inflict death penalty irrespective of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or locality, are committed. V. Personality of victim of murder 37. When the victim of murder is (a) an innocent child who could not have or has not provided even an excuse, much less a provocation, for murder (b) a helpless woman or a person rendered helpless by old age or infirmity (c) when the victim is a person vis- -vis whom the murderer is in a position of domination or trust (d) when the victim is a public figure generally loved and respected by the community for the services rendered by him and the murder is committed for political or similar reasons other than personal reasons. 568. The above principles are generally regarded by this Court as the broad guidelines for imposition of death sentence and have been followed by the Court in many subsequent decisions. 569. If we examine the present case in light of the Machhi Singh decision, it would not only satisfy all the conditions laid down in that decision for imposition of death sentence but also present several other features that could not have been conceived of by the Court in Machhi Singh. We can even say that every single reason that this Court might have assigned for confirming a death sentence in the past ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rsonnel and twenty-six (26) foreign nationals. The injured included thirty-seven (37) policemen and other security personnel and twenty-one (21) foreign nationals. of those dead, at least seven (7) were killed by the Appellant personally, about seventy-two (72) were killed by him in furtherance of the common intention he shared with one Abu Ismail (deceased accused No. 1), and the rest were victims of the conspiracy to which he was a party along with the nine (9) dead accused and thirty-five (35) other accused who remain to be apprehended and brought to court. 575. The number of policemen and members of security forces killed and injured in course of their duty by the Appellant and his accomplice Abu Ismail and the eight (8) other co-conspirators would hardly find a match in any other cases. Tukaram Ombale was killed by the Appellant personally at Vinoli Chowpaty. Durgude, Hemant Karkare, Ashok Kamte, Vijay Salaskar and the other policemen in the Qualis van were killed jointly by the Appellant and Abu Ismail. The policemen at Cama Hospital were injured, several of them grievously, jointly by the Appellant and Abu Ismail. The rest of the policemen and law enforcement officers, in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 71-72, 80-89; (iv) Mohd. Farooq Abdul Gafur v. State of Maharashtra (2009) 11 SCALE 327, para 11-23: (2010) 14 SCC 641; (v) Rameshbhai Chandubhai Rathod v. State of Gujarat (2009) 5 SCC 740, para 83-84, 107-110; (vi) Rameshbhai Chandubhai Rathod (2) v. State of Gujarat (2011) 2 SCC 764; (vii) Mulla and Anr. v. State of Uttar Pradesh (2010) 3 SCC 508, para 80; (viii) Dilip Premnarayan Tiwari v. State of Maharashtra (2010) 1 SCC 775, para 66-67; (ix) R S Budhwar v. UOI (1996) 9 SCC 502, para 15; and (x) State of Maharashtra v. Bharat Chaganlal Raghani (2001) 9 SCC 1, para 1, 63. 584. The observations relied upon by Mr. Ramachandran were made in the facts of those cases. As a matter of fact, in some of the cases relied upon by Mr. Ramachandran, the Court actually confirmed the death penalty given to the accused. Moreover, the facts of those cases are totally incomparable to the facts of the case in hand, and those decisions are of no help to the Appellant. 585. Putting the matter once again quite simply, in this country death as a penalty has been held to be Constitutionally valid, though it is indeed to be awarded in the rarest of rare cases when the alternative option (of lif ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e was searching for a place of residence in fishermen's colony there and he had taken admission in a Computer Institute viz., Softpro Computer Education situated at Fort, Mumbai, as an excuse for staying in that area. 593. However, when the attack took place on November 26, 2008, neither Fahim Ansari nor Sabauddin Ahamed were present in Mumbai. They were in the custody of U.P. Police, having been arrested earlier in connection with a terrorist attack on the RPF Camp at Rampur. 594. In support of the second part of its case, the prosecution has examined a number of witnesses, namely, Police Inspector Prashant Marde (PW-48), Jivan Gulabkar (PW-35), Rajendra Bhosale (PW-38), Ms. Shantabai Bhosale (PW-40), Police Inspector Shripad Kale (PW-47), Jayant Bhosale (PW-146), Sharad Vichare (PW-265), Shivaji Shivekar (PW-14), API Subhash Warang (PW-27), Ashok Kumar Raghav (PW-213), Manpreet Vohra (PW-254), Krantikumar Varma (PW-61) and Dr. Shailesh Mohite (PW-23). 595. We have gone through the evidence of Naruddin Shaikh and the other witnesses very carefully. We are of the view that the evidence of Naruddin Shaikh is completely unacceptable. The evidences of the other witnesse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Appellant, was assisted by Mr. Gaurav Agrawal and a small team of juniors. Mr. Subramanium, representing the State of Maharashtra, was assisted by Mr. Ujjawal Nikkam, the Spl. PP who conducted the trial and a team of juniors. The juniors' teams also showed remarkable preparation and resourcefulness. Any query on facts was answered in no time with reference to volume number and page number from the records that appeared like a small mountain. We are indebted to Mr. Subramanium and Mr. Ramachandran and their respective teams and we put our gratitude on record. 602. In this case we came across heroes like Tukaram Ombale, Hemant Karkare, Ashok Kamte, Vijay Salaskar and Sandeep Unnikrishnan, who lost their lives in the fight against terrorism. We salute every policeman, every member of the security forces and Ors. who laid down their lives saving others and helping to catch or neutralise the ten terrorists. We have great admiration for the courage and sense of duty shown by the policemen and the members of the security forces who received injuries in discharge of their duties and we extend our deepest sympathies to them for their injuries. We compliment all those who showed grea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Civilian Indian 6 Aakash Akhilesh Yadav Civilian Indian 7 Mukesh Bhikaji Jadhav Home Guard Indian 8 Sitaram Mallapa Sakhare Civilian Indian 9 Rahamtulla Ibrahim Civilian Indian 10 Mishrilal Mourya Shri Garib Mourya Civilian Indian 11 Vinod Madanlal Gupta Civilian Indian 12 Sunil Ashok Thackare Civilian Indian 13 Haji Ejaj Bhai Imamsaheb Dalal Civilian Indian 14 Mira Narayan Chattarji Civilian Indian 15 Shirish Sawla Chari Civilian Indian 16 Sushilkuma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Abbas Rajjab Ansari Civilian Indian 38 Unknown Male person Civilian Indian 39 Mrs. Gangabai Baburao Kharatmol Civilian Indian 40 Narul Islam Ajahar Mulla Civilian Indian 41 Murgan Palaniya Pillai Civilian Indian 42 Rakhila Abbas Ansari Civilian Indian 43 Nitesh Vijaykumar Sharma Civilian Indian 44 Fatmabi Rehaman Shaikh Civilian Indian 45 Meenu Arjun Ansari Civilian Indian 46 Mohamad Itihas Ansari Civilian Indian 47 Mastan Munir Qureshi Civilian Indian 48 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 68 Yogesh Shivaji Patil Police (Constable) Indian 69 Surendrakumar Bindu Rama Civilian Indian VINOLI CHOWPATY 70 Tukaram Gopal Ombale Police (Assistant Sub-Inspector) Indian VILE PARLE BLAST 71 Mohabbat Umer Abdul Khalid Civilian Indian 72 Laxminarayan Goyal Civilian Indian LEOPOLD CAF 73 Subhash Vanmali Vaghela Civilian Indian 74 Pirpashi Mehboobali Shaikh Civilian Indian 75 Shahabuddin Sirajuddin Khan Civilian Indian 76 Harishbhai Durlabbhai Gohil Civilian Indian 77 Hidayatullah Anw ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Satpakkam Rahmatulla Shaukatali Civilian Indian 99 Faustine Basil Martis Civilian Indian 100 Kaizad Naushir Kamdin Civilian Indian 101 Neelam Vishandas Narang Civilian Indian 102 Rupinder Devenersing Randhava Civilian Indian 103 Eklak Ahmed Mustak Ahmed Civilian Indian 104 Maksud Tabarakali Shaikh Civilian Indian 105 Feroz Jamil Ahmed Khan Civilian Indian 106 Teitelbaum Aryeh Levish Civilian Israeli 107 Duglas Justin Markell Civilian Australian 108 Chaitilal Gunish Civilian Mauritius ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 130 Rajendrakumar Baburam Sharma Civilian Indian 131 Yokevet Mosho Orpaz Civilian Israeli HOTEL OBEROI 132 T. Suda Hisashi Civilian Japanese 133 Murad Amarsi Civilian French 134 Loumiya Hiridaji Amarsi Civilian French 135 Scherr Alan Michael Civilian American 136 Neomi Leiya Sher Civilian American 137 Sandeep Kisan Jeswani Civilian American 138 Lo Hawei Yen Civilian Singapore 139 Jhirachant Kanmani @ Jina Civilian Thailand 140 Altino D' Lorenjo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dalik Civilian Indian 163 Sarjerao Sadashiv Bhosale Civilian Indian 164 JasminMahendrasingh Burji Civilian Indian 165 Sanjy Sambhajirao Surve Civilian Indian 166 Bimolchand Maibam Civilian Indian LIST OF INJURED PEOPLE Sr. No. NAME POLICE/ SECURITY FORCE/ CIVILIAN NATIONALITY CST 1 Mukesh Bhagwatprakash Agarwal Civilian Indian 2 Nisha Anilkumar Yadav Civilian Indian 3 JangamVithalrao Bokade Civilian Indian 4 Parasnath Ramsoman Giri Railway Protection Force (Head Constable) Indian 5 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Siddiqu Mohd. Sagir Alam Civilian Indian 27 Sachinkumar Singh Santoshkumar Singh Civilian Indian 28 Tejas Arjungi Civilian Indian 29 Shamshad Dalal Civilian Indian 30 Baby Ashok Yadav Civilian Indian 31 Shital Upendra Yadav Civilian Indian 32 Asha Shridhar Borde Civilian Indian 33 Vatsala Sahadev Kurhade Civilian Indian 34 Chandrakant Ganpatirao Lokhande Civilian Indian 35 Abdul Razak Farukh Nasiruddin Civilian Indian 36 Afroz Abbas Ansari Civilian Indian 37 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... karan Prajapati Civilian Indian 60 Satyanand Karunakaro Behra Civilian Indian 61 Manoj Prafulchandra Kanojia Civilian Indian 62 Balaji Baburao Kharatmol Civilian Indian 63 Mehboob Abbas Ansari Civilian Indian 64 Asif Abdul Rafik Shaikh Civilian Indian 65 Raghvendra Banvasi Singh Civilian Indian 66 Ashok Keshwanand Singh Civilian Indian 67 Radhadevi Bodhiram Sahani Civilian Indian 68 Tapasi Taramniggam Nadar Civilian Indian 69 Sayyed Shahnavaz Sayyed Salim Mujawar Civilian Indian ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... handra Yadav Civilian Indian 91 Ratankumarji Kanhayaprasad Yadav Civilian Indian 92 Shambunath Munai Yadav Civilian Indian 93 Ganesh Sitaram Sakhare Civilian Indian 94 Ashok Bhimappa Renetala Civilian Indian 95 Alok Harilal Gupta Civilian Indian 96 Ganpat Gangaram Shigwan Civilian Indian 97 Fakir Mohd. Abdul Gafoor Civilian Indian 98 Murlidhar Chintu Jhole Police (Head Constable) Indian 99 Balu Bandu More Police (Constable) Indian 100 Prakash Sohanlal Phalore Civilian Indian ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Arun Dada Jadhav Police (Naik) Indian 121 Maruti Mahdevrao Phad Civilian Indian 122 Anil Mahadev Nirmal Civilian Indian 123 Shankar Bhausaheb Vhande Police (Constable) Indian 124 Prashant Sadashiv Koshti Civilian Indian 125 Mohd. Asif Abdul Gani Memon Civilian Indian 126 Kalpanth Jitai Singh Civilian Indian VINOLI CHOWPATY 127 Sanjay Yeshwant Govilkar Police (Assistant Inspector) Indian VILE PARLE BLAST 128 Roldan Glandson Ayman Civilian Indian 129 Shyam Sunder Choudhary Civilian Indian ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Mohd. Parvez Aslam Ansari Civilian Indian 152 Mohd. Ayub Mohd. Abdul Ansari Civilian Indian 153 Manoj Bahadur Thakur Civilian Indian 154 Fanishang Misha Bhishum Civilian Indian 155 Naresh Mulchand Jumani Civilian Indian 156 Prashant Vasant Tambe Civilian Indian 157 Nivrutti Baburao Gavhane Police (Naik) Indian 158 Katherin Austin Civilian Australian MAZGAON BLAST 159 Rajendraprasad Ramchandra Maurya Civilian Indian 160 Abdul Salim Shaikh Civilian Indian 161 Shahbaz Juber Khan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Civilian Spanish 183 Simond Helis Civilian British 184 Eyujin Tan Jhonsi Civilian Philippines 185 Hanifa Bilakiya Civilian Indian 186 Anjum Gaful Bilakiya Civilian Indian 187 U.T Bernad Civilian German 188 Vinay Keshavaji Kuntawala Civilian Indian 189 Deepak Pramod Gupta Civilian Indian 190 Pragati Deepak Gupta Civilian Indian 191 Mohanlal Pratap Taware Civilian Indian 192 Sunil Kumar Jodha Security Force Indian 193 Vishvanath Maruti Gaikwad Stat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vilian Indian HOTEL OBEROI HOTEL TRIDENT 215 Shabbir Tahirna Naruddin Civilian Indian 216 Amardeep Harkisan Sethi Civilian Indian 217 Sidharth Rajkumar Tyagi Civilian Indian 218 Drrissuz Sobizutski Civilian Poland 219 Linda Oricistala Rangsdel Civilian American 220 Alisa Micheal Civilian Canadian 221 Andolina Waokta Civilian American 222 Helan Connolly Civilian Canadian 223 Jahid Jibad Mebyar Civilian Jordanian 224 Shi Fung Chen Civilian Japanese 225 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4 Nazir @ Abu Omair 5 Hafiz Arshad @ Abdul Rehaman Bada @ Hayaji 6 Abadul Reheman Chhota @ Saqib 7 Fahad Ullah 8 Javed @ Abu Ali 9 Shoaib @ Abu Soheb WANTED ACCUSED 1 Hafeez Mohammad Saeed @ Hafiz @ Hafiz Saab 2 Zaki-Ur-Rehaman Lakhvi 3 Abu Hamza 4 Abu Al Kama @ Amjid 5 Abu Kaahfa 6 Mujjamil @ Yusuf 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Exhibit No. 671 Colly Jacket (Article 186 Colly.) The DNA profile from the control sample matched with the DNA profile from sweat detected on jacket - report is Exhibit No. 205-G 6. Abdul Rehman Bada - - - 7. Abdul Rehman Chhota Exhibit No. 665 Israeli Cap (Article 187 Colly.) The DNA profile from the control sample matched with the DNA profile from sweat detected on Israeli cap - report is Exhibit No. 205-D 8. Fahadullah Exhibit No. 666 - - 9. Abu Ali Exhibit No. 671 Colly. Handkerchief (Article 206) The DNA profile from the control sample matched with the DNA profile from sweat detected on handkerchief - report is Exhibit No. 205-C 10. Abu Soheb Exhibit No. 671 Colly. - - C.K. Prasad, J. 606. I agree. 607. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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