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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 ..... d abetment; abduction 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e attackers, 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 b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d to him 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ould 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 made ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er 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 named a number of popu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hought 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to Mansera Markaz 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 w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9;. Abu 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 an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 training. Kafa said ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ance 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 compl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mbay. He added that while firing they should specially target the Americans, the British and the 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the roads leading to VTS and Malabar Hill. Kafa used Google Earth on a laptop to show them how to go from Badhwar Park 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t;chourai". He explained that "tuls" were the vertical and "chourais" were the horizontal lines on a map] 64. On the twentieth (20th) day of Roza, Lakhvi came there and 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t;tul" and "chourai" also noted in his diary. Thereafter, Zaki-ur-Rehman gave a satellite phone to Ismail and left. 69. Ismail then distributed the weapons and the explosives. He gave a large sack to all the "Mujahedeens". 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , they were transferred to a bigger boat and the small boat went back. Hakim Saab and his three colleagues were also there in the big boat. At about 9:00 PM they boarded an even bigger vessel, Al-Hussaini, while Hakim Saab and his three colleagues returned in the second boat. There were seven (7) persons on the Al-Hussaini from before, of 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd made him sit near the engine. The three groups guarded the Kuber against any unfriendly intrusion round the clock and they also kept a watch on Amarchand, the "Nakhva". Ismail and Javed were sailing the boat with the help of the "Nakhva". During the voyage they were talking to Abu Hamza on the satellite phone. and Ismail was verifying with the aid of GPS that they were sailing in the right direction. They were 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 t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... took their bags. Both Ismail and Kasab removed their life jackets and waterproof trousers and threw them into the sea. After getting off the boat, Kasab put on his shoes. Following Kasab and Ismail, the others also got off the speed boat. At that time it was about 9.00 PM and according to the plan they were late by about an hour and a half. 84. On getting down from the boat they came across two persons. They asked them who they were and from where had they come. Kasab 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... into the building. They fired at the police and the people and also threw hand grenades at them. At that time the police was also firing at them. They shot the policemen dead. Then, as the firing stopped, they came down. They were in that building for almost an hour. Then they came to know that the building was a hospital. They could hear the screams of women and cries of children coming from the rooms of the building. They decided to enter every room of the 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 retaliat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n sitting next to the driver and the woman sitting on the back seat also got out. All this while, Kasab was giving cover to Ismail. Having thus snatched the car, Ismail sat on the driver's seat and Kasab quickly sat next to him and they left. At this point Kasab asked Ismail where they had to go. Ismail said they had to go to Malabar Hill. Kasab further asked where exactly in Malabar Hill. Ismail said he would tell him on reaching Malabar Hill. 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Mumbai through Indian eyes. and for that we shall follow the bloody trails of the Appellant and those of the other members of the terrorist group. THE LANDING: 98. The inflatable rubber dinghy on which the terrorists came to Mumbai landed at a place called Badhwar Park. The dinghy's arrival at that particular place could not possibly be by accident or by chance. Badhwar Park was evidently selected as the landing site for the terrorists 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 yo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Nariman Point. He returned to his home next morning at about seven (7:00 AM). On way he came across four (4) policemen near the Badhwar Park Railway Officers' Colony who were talking about the inflatable boat. He then told them what he had witnessed the previous evening. He later identified the Appellant in the test identification parade held on December 28, 2008. He also identified the dead body of the other person at the mortuary 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 t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hey have documented practically every action and movement of the two killers from the point when Abu Ismail threw the first hand grenade According to the Appellant's confessional statement before the magistrate, before lobbing the hand grand at the crowd of passengers, Abu Ismail had placed the bag containing the RDX bomb, with the timer set for blast, among the passengers' luggage. Fortunately, however, the bomb failed to 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 witness ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... described the location of the public toilet and went on to say that when he first saw the two terrorists they were in the main hall at a distance of about forty (40) feet. There was sufficient light in the main hall for him to see them. 106. Bhosale then proceeded to give a description of the two terrorists. He said that one of them was short, aged about twenty-two to twenty-four (22-24) years with long hair that came down to his neck; he had a fair complexion and was strongly 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 t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at Arthur Road Prison on December 28, 2008. 115. In reply to a court question, Bhosale said that though he was carrying a 9mm pistol, loaded with nine rounds, he did not fire at the terrorists because there was a strong risk of the passengers getting killed or injured by his firing. 116. Vishnu Dattaram Zende (PW-65) is the railway announcer. His job is to make announcements of the arrival and departure of trains on a public address system. For that 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 advisin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rd of the events by taking pictures of the two killers in action and also of their victims. The pictures taken by these two witnesses, without anything else, are sufficient to conclude the issue of identification of Kasab and Abu Ismail (deceased accused No. 1) as the killers of CST. Both the witnesses are professional photographers working with the Times of India group. Both of them, caring little for their own safety and displaying exemplary 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e took pictures of the policeman in uniform and the plainclothesman. He asked the two policemen to enter the train compartment because he thought they had taken a position that was quite dangerous. 126. He further said that since the gunmen were coming towards the local lines, he went to platform No. 4. He told the court that during the course of the incident he took over one hundred (100) photographs but most of them were blurred. 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce to the main hall from the subway porch. As they were moving in his direction, he got out of the station and, crossing the road divider, came on the side of the Times of India Building. 132. He told the court that he had seen the two gunmen in front of platform No. 6 when he took their first photograph. He produced before the court four enlarged print-outs of the photographs taken by him which were collectively marked, 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 togeth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on duty at different places in the vast premises of CST. On hearing the explosion and the gun shots and on seeing the passengers fleeing for their lives, they realized that a terrorist attack was underway at the railway station and proceeded from their respective stations towards the spot where the assault was launched. On the way, some of them came across each other. A few were lucky to escape unharmed and some survived 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 terro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s on anti-sabotage duty on the foot-overbridge at platform No. 1, opposite the Times of India building. He was carrying a carbine with ten (10) rounds. At about 9.45 PM, leaving his two other colleagues on duty, he came to take his meal at the Police Help Centre situated in front of platform No. 3 of the local railway station. No sooner had he reached there that he heard the noise of a bomb explosion and gun shots from 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 l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ). He was shorter in height than the other terrorist. He was firing from his AK-47 rifle. Pandarkar, Constable Ambadas Pawar and PI Shinde went towards platform No. 7 through platform No. 6 and came near the ATM of Indian Bank. Both the terrorists started firing at them from AK-47 rifles. One of the bullets pierced through Pandarkar's left chest and exited from the back. He fell down as a result of the bullet 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. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... make space for the recording of the eighth day. 145. Khiratkar identified the Appellant as the shorter of the two terrorists. He identified Abu Ismail (deceased accused No. 1) from his photograph on Article 61. He had earlier identified the Appellant in the test identification parade held on December 28, 2008, at Arthur Road prison, Mumbai. 146. Pandurang Subrao Patil (PW-63) was an Assistant Sub-Inspector 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 Kh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s hit them or one of their group. 151. Natwarlal Rotawan (PW-50) was lucky to escape unhurt but his daughter, Devika Rotawan (PW-51), was hit by a bullet on her right leg. She was treated as an indoor patient in the hospital for about a month and a half and thereafter remained bedridden for four to six (4-6) months. When she came to depose in court after about 6 months of the occurrence, she 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and injured by Kasab and Abu Ismail both in the lane before they entered Cama hospital and inside the hospital. 159. Kasab and Abu Ismail were seen exiting CST via the foot-overbridge and coming down the bridge in the evidence of Vernekar (PW-102) and in the photograph of Kasab (Ext. No. 410-D) taken by him. On descending from the foot-overbridge, they came to Badruddin Tayabji Marg, which is a long, meandering road, a part of which runs along 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 Vo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e hospital. She looked out from the back window of the ante-natal care unit and saw two persons climbing over the steel gate at the back of the hospital. One of them was 'lamboo' (tall) and the other was 'butka' (short). She could see them clearly in the light from the street lights. She further said that the gate was at the distance of ten to fifteen (10-15) feet from the window from where she saw the intruders. 164. The two 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 o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... outside. After two to three (2 or 3) hours, the police arrived there and opened the bathroom. Funde narrated the incident to the police. 168. Funde then identified the Appellant's partner from the photograph on the identity card, Article 61. He further told the court the he had identified the Appellant at the test identification parade on December 27, 2008. He had also identified the dead body of the Appellant's partner on January 7, 2009, at JJ 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. Shrivardha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... int. The author of these lines felt that he would never again go to the shrine holding him responsible for getting nearly killed on November 26. The other judge, on the other hand, maintained that the occurrence would have greatly enhanced his devotion for the saint, whom the witness would see as his savior. 172. Shrivardhankar vividly recounted his encounter with one of the terrorists. He also told the court that in the fight with the killer his spectacles 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 Cam ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . The Appellant and his tall partner kept firing at the policemen. Tikhe saw a police officer and another policeman getting shot and falling down in front of the lift. After some time, the terrorists again threw down a hand grenade and fired indiscriminately in the direction of the lift. The other policemen and the officers were also injured by the second explosion and the firing. 178. At this point, Tikhe came down to the second floor. He was accompanied by two policemen 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 hi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... come the police and to escape from the tight spot in which they had landed - the terrace that had only one (1) exit by the stairs. This was because, besides having superior fire power, they had the great advantage of hand grenades. Grenades exploding in the very small landing area badly injured the policemen who had no cover or shelter there. 183. Date stated before the court that, after the first hand grenade exploded, his officers continued to fire towards 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he too had witnessed the whole incident. Thereupon, the court recalled Thorawade and he was re-examined by the court on November 23, 2009. next saw Kasab and Abu Ismail coming out of Cama Hospital from its front side on Mahapalika Road and immediately gunning down a police officer. 189. Thorawade was a Police Inspector and, on the evening of November 26, 2008, in the absence of the senior police inspector, he was holding charge of Azad Maidan 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssages to South Control from the wireless installed in his Bolero police vehicle but, due to heavy traffic on the network, he was unable to send the message. Therefore, Thorawade went to the Metro junction where two to three (2-3) police vehicles were available. The message was sent from the wireless set of one of those vehicles. 193. There were many people at the metro junction. After a short while, one police vehicle (Qualis) appeared 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the car was punctured. He, therefore, locked all four doors of the car by means of the central locking switch and, pretending to be dead, lay down on the driver's seat. At this time, he heard an explosion near the car. A little while later, the two terrorists came near his car and tried to open its doors but they were unable to do so as the doors were locked. After some time, he saw them from the rear windscreen of the car near the SBI office behind 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 t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce at Yashodhan Building and take him to Mantralaya. When the car did not come, he again called Phad but he did not turn up. Therefore, Gagrani went to Mantralaya in his personal vehicle. At about 12.15 AM he tried to contact Phad once again. This time, he got a response from the driver who told him that he had been fired at in the car; that the car was stranded in the vicinity of Rang Bhavan; and that he was lying injured inside it. Gagrani then tried to 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 off ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ft shoulder. Because of the injuries, the carbine fell from his hands on the vehicle's floor. The terrorists continued to fire at them. By now, all the policemen had suffered gunshots and were injured. Jadhav was unable to pick up his carbine. 206. After some time, the firing stopped and the lamboo tried to open the vehicle's rear side door. However, the door did not open. Jadhav tried to pick up his weapon once again but could not. The 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 puncture ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wards. The bullets pierced the middle seat and riddled the body of Yogesh Patil and he died as a result. Jadhav was not injured in that firing. Jadhav said that the Appellant must have fired ten to fifteen (10-15) shots in that burst. He also stated that the lamboo had pulled Salaskar and the Appellant had pulled Kamate out of the vehicle. Karkare was pulled out by the lamboo assisted by the Appellant. While pulling him down from the vehicle 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 we ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... identified the Appellant in court as the same short person who had come to him and asked for the car's key. When Arasa had thrown away the key, it had landed near the car's rear right wheel. Arasa picked up the key and gave it to the Appellant. The two men drove away in the car: the Appellant sat in the front left seat and his partner drove the car. 217. Let us now see the description of the occurrence by Ajgaonkar. 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d policemen at will. However, their run would soon come to end as a team of policemen were waiting, determined to stop them, caring little for their own lives. Abu Ismail was killed in their last encounter with a police team, but Kasab was taken alive in custody. 222. We propose to examine here three (3) witnesses who were members of the police team that stopped Kasab and Abu Ismail travelling in the stolen Skoda car and took 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... imself bodily upon his assailant. Tukaram Ombale and Govilkar were injured by shots from the AK-47 rifle. Other members of Ombale's and Govilkar's team started hitting the assailant with lathis. They succeeded in disarming him. His AK-47 rifle was snatched away from him by policemen and he was taken into custody. 226. Within ten (10) minutes of this occurrence, Senior PI Mali, PI Sawant (PW-31), PI Surulkar, 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. Gaw ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the car. He claimed that he could identify the AK-47 rifle with which the Appellant had fired at the deceased Tukaram Ombale. 234. Kadam identified the AK-47 rifle (Article 10) in court as being the same AK-47 rifle with which the Appellant had fired at the deceased Tukaram Ombale. He also identified the other AK-47 rifle (Article 12) as the same AK-47 rifle that was found in the leg space below the 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 t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng at them while lying down on the road. Both Govilkar and Tukaram Ombale sustained injuries from the firing. Tukaram Ombale was seriously injured. Govilkar sustained only one injury on the right side of his waist. Both policemen were bleeding from their injuries. In the meanwhile, the other policemen hit the fallen terrorist with lathis and it was only then that he was brought under control 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dy by the police officers/policemen who were present on the spot. In the meantime, Bavthankar moved to the front left door of the car. The person sitting on the front left seat had fired at ASI Tukaram Ombale, API Sanjay Govilkar and other policemen. Ombale and Govilkar had both been shot and injured by this person. The other policemen, who were with Govilkar and Ombale, disarmed 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 spac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itching from the Qualis to the Skoda, leaving his own AK-47 rifle in the damaged Qualis. 253. Arun Balkrishna Jande (PW-7) who was working at Naigaon Police Armoury at the relevant time deposed before the court that Article 12, the AK-47 rifle and the magazine were issued to Ashok Kamte, Additional Commissioner of Police on August 4, 2008. He identified Article 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 befo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sister-in-law Usha Sharad Chaudhary (PW-168) lived in Mumbai at Charkop, Kandivali (W). Goyal called her from his mobile All calls established through mobile call records. phone to tell her that there was some incident of firings at CST and he had missed his train and he was coming back to her place. On account of the city being under terrorist attack, 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. Irsh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d above (except those relating to the Vile Parle and Mazgaon Taxi blasts) had a life and death encounter with the Appellant and his associate, Abu Ismail (deceased accused No. 1), at close quarters. The physical appearance of the two terrorists was etched on their minds. All the witnesses gave a detailed description of the two terrorists to the court. They described them by their complexion, 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in a highly organised way and attacked their various targets in furtherance of a common conspiracy. The Learned Counsel submitted that the full magnitude of the case would only be clear as the prosecution unfolds the evidence relating to conspiracy. He submitted that, as the evidence relating to the other aspects of the case and the five (5) other venues of violence is set out before 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 unprovo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... foot-overbridge to Badruddin Tayabji Marg. They overcame any efforts by the police to stop them on the sixth floor of the Cama Hospital building, at the main front gate of the hospital and on Badruddin Tayabji Marg near Rang Bhavan Lane. In the process, they killed, among many others, three (3) senior police officers and grabbed the Qualis vehicle in which they were trying to 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 a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd twenty-eight (28) injured (of whom nine (9) were foreign nationals). They walked to Hotel Taj, which is at a distance of about hundred (100) metres to join Abdul Rahman 'Bada' and Javed who had gone directly to the Hotel by taxi from Badhwar Park. 274. Nazir and Shoaib were carrying two RDX bombs, one of which they had planted in the taxi they took from 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. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eeting of one of the companies. He was staying at Hotel Taj Palace in Room No. 632 on the sixth floor. 277. Abdul Rahman 'Bada' and Javed also took four employees of the hotel as hostages, namely, Adil Rohinton Irani On being questioned by the terrorists, Adil Rohinton Irani gave his name as Adil, and said that he was a Muslim, in the hope that 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 w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Nariman House is a six (6) storied (ground plus five) building. It is a residential-cum-prayer house used by Israeli people for temporary accommodation. An Israeli priest called Gabriel Holtzberge lived there permanently with his wife Rivka and their two (2) year old son Moshe. They had two (2) employees. One was Kazi Zakir Hussain (PW-239), who was provided 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 ins ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... all directions and threw hand grenades at adjoining buildings, roads and lanes that resulted in many injuries. 287. There is another aspect of the Nariman House episode to which we shall advert in greater detail in the latter part of the Judgment. From Nariman House the two terrorists, Imran Babar in particular, were in regular contact 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 n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t and tried to set fire to the table cloth. The poor fellow was so nervous that he was unable to start the fire but, in the process, he burnt his own hands. As he was wringing his hands and crying that his hands were burnt, one of the two terrorists, evidently annoyed at his lack of efficiency as an arsonist, fired a burst of bullets, 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hyber Arms Manufacturing Company, Peshawar 2. Five (5) magazines of AK-47 rifle, two (2) of them tied with plastic adhesive tape and the other three (3) loose and in rusted condition 3. Twelve (12) live cartridges 4. Two (2) bayonets 302. The seizure Panchnamas from 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Appellant and his dead accomplice, Abu Ismail, were acting separately and that their actions were not connected in any manner with the offences committed at the other places by the other eight (8) terrorists with whom they jointly made the sea journey to Mumbai's shore. To us it is obvious 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 an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tell the former that a minister was trapped inside the hotel and that, on the orders of the Prime Minister, a helicopter was likely to come to his rescue, and further that the terrorists should find and catch him and not allow him to flee. there; this would, they believed, 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 Ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bai about four nautical miles away in Indian boat with the 'Nakhva' (Navigator) of Indian boat, on the date twenty-sixth in the afternoon. There my associates Abu Soheb and Ismail and I took 'Nakhva' to engine room and tied his hands and legs 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) statin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ard of the Kuber's fate at 5:00 PM on November 27, 2008, on getting a phone call from a Coast Guard officer in Mumbai who made a detailed enquiry from him about the boat and asked him to come over to Mumbai. He went to Mumbai on December 2, 2008, and found the boat anchored 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 Appella ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) One (1) mattress 5) One (1) empty bottle of cold drink* 6)One (1) scarf used at the time of Namaj 7) Four (4) caps 8) Six (6) T-shirts 9) Six (6) pants (one of the pants was branded with the name of a Pakistani manufacturing company, i.e., "South Pole") 10) 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 col ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for the next two (2) hours followed by the second and third teams for two-hour shifts each, and the roster would thus go on 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 above codes it is written that the one who gives GR would add three and the taker would himself deduct three. 336. And below that there is a reminder that the s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d 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 waypoints could be saved on the GPS. He further stated that he had prepared the maps with the help of the GARMIN software on the basis of the waypoints retrieved from the G ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... kistan 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 to the inflatable rubber dinghy on which the Appellant and the other nine dead accused landed on Mumbai's shore. It is seen above that Prashant Hemnath Dhanu (P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ker 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, etc. Some of those items were manufactured at the US manufacturing unit but outboard machines were manufactured in Japan, not the US. He f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 stainless steel pair of scissors". 352. The pink foam is also present at CST. While dealing with the attack on CST in the earlier pages of the Judgment, it was noted that before opening fire from his AK-47 rifle, Abu Ismail, the dead companion of the Appellan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e 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 (sic.) batteries, 2 electrical detonators.... 355. The description of the second explosive is as follows: One rectangular metal container approximately measuring 10"-10"-0-2.5" with a metal coveres (sic.) on the to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f 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), who were constantly on the move, the other terrorists had gone to Hotel Taj, Hotel Oberoi and Nariman House and were holed up there, even taking hostages for some time. From their respective positions they were in regula ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 Vashibhai and Kafabhai. 368. In course of the night, Kadam came across two other mobile phone numbers, 9820704561 and 9819464530. The first of these two was being used by the terrorists at Hotel Oberoi and the second by those at Nariman Hous ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 008, 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 them were US-based and their customers could make calls to mobile numbers through VoIP. 374. He further said before the court that one person calling himself Kharak Singh (wanted accused No. 21) had contacted them through email and had told them t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9, 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 are attached. On November 25, 2008, the second payment of $229.00 was wired to Callphonex via Western Union, receipt number 8364307716-0. The sender of this payment was Javaid Iqbal. The sender used Western Union agent Madina Trading, located in Besci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m 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 calls from their collaborators. 383. A great many mobile phones were collected and seized from the various places through which the terrorists had passed as also from the vehicles used by the Appellant and his dead companion, Abu Ismail, for moving through the city. But of interest to us are only five (5) mobile phones, two (2) of which were recovered from Hotel Taj, two (2) from Nariman House and one (1) from Hotel Oberoi. The two phones that were recovered from Hotel Taj are mentioned in Exhibit Nos. 749 and 760. Both were Nokia 1200 and silver-and-black in colour. One of them had the IMEI No. 353526024049451 and an Airtel's Sim No. 8991310000200898887842. This ph ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s 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 Los Angeles, CA 90024 In response to the FBI's request via United States legal authority, Nokia provides information from our records concerning the following specific Nokia devices: 1. Nokia 1200, IMEI # 353526024049451 Manufactured: Dong Guan, China Date shipped: June 28, 2008 Country shipped to: Pakistan Vendor product sold to: United Mobile 2. Nokia 1200, IMEI # 353526025828739 Manufactured: Dong Guan, China Date shipped: June 26, 2008 Country shipped to: Pakistan Vendor product sold to: I2 Pakistan (Pvt.) Ltd. 3. Nokia 1200, IMEI # 353526025842235 Manufactured: Dong Guan, China Date shipped: June 26, 2008 Country shipped to: Pakistan Vendor product sold to: I2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 in the sea but was left afloat. What is more, Abu Ismail's satellite phone and a GPS too were left in the boat. The only information that seems to have pleased the collaborators was that the navigator of the Indian boat was killed by cutting his neck. [But on that score also the happiness was not complete because his body was not thrown into the sea but left on the boat itself.] In the midst of getting all this information the collaborators keep pressing the terrorist to start the fire but this man appears unequal to the task. 391. In another conversation between the terrorists at Nariman House and the collaborators, one of the hostages, a Mexican citizen called Norma Shvarzblat Robinovich, is brought to the phone and is threatened by the collaborators that if she wanted to remain alive she must do their bidding and talk to the Indian authorities as dictated by them. The poor woman agreed to do all that they demanded ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 and heresy. We are the slaves of God whom he has sent for expansion of the true faith. I mean, death as a martyr is a big thing. But the style of martyrdom should be such as to put fright in the heart of the enemies and that is the style of martyrdom. What I mean is there is nothing to fear, the message of the martyr must be put forward.] UK: Dua karo, dua ka waqt hai. Sahi Allah ke saath kiye vaade poore karein. Theek hai. [Pray. It is time for prayer and keep your promise to Allah. All right!] UK: Aisa ladna hai ki unhein maloom pade ki Allah ka sher mere peechey pada hai. [Fight in such a way, they should feel that Allah's lion is after them.] T-II:Insha-allah. [God willing.] UK:Insha-allah. Matlab Shaheed. [God willing. What I mean is martyr.] T-II:Insha-allah. Dua karo. [God willing. Pray for me.] UK-II:Unko bada maan hai Hindu bhai ko, unka maan khaak mein mila dein. [They have great pride those Hindu bhais. Let t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 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 FROM NARIMAN HOUSE Talk No. 7 (Ext. No. 984) (The collaborator talking from across the border has been marked as 'UK' and the terrorists holed up in the Nariman House are marked as 'T') UK-III:Aap woh poochhenge aap kahan ke hain. Kehna mein Hyderabad Deccan ka hoon. [Now they will ask where do you belong to? Say, I am from Hyderabad Deccan.] T: Jee. [Yes.] UK-III:Hyderabad city ka theek hai. [City of Hyderabad, understand.] T: Hyderabad Deccan. UK-III:Hyderabad city ka Hyderabad UK-III:Mujahedeen Hyderabad city ka hoon aur chowki ka mera area hai. [Hyderabad city, I am from Hyderabad city, from the Chowki area] T: ChowkiUK-III: Tolee Chowki. Tolee Chowki. T: Tolee Chowki theek hai. [Tolee Chowki, all right.] UK-III:Aur phir poochhey toh kehna Mujahedeen Hyderabad Deccan se mera talluk hai. Theek hai. [And if they ask further, say that you are associated with Mujahedeen Hyderabad Deccan.] T: Theek hai. [All right] Deccan ise hasi sangeen (sic ta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sarkaar ye jaan le yeh trailor hai asal film to baaki hai. [The Government should know, the Government should know that this is the trailor and the real film is still remaining.] UK-III:Yeh to abhi trailor hai. [This is only the trialor.] T: Yeh to abhi trailor hai. [This is only the trialor.] UK-III:Yeh to chhotta sa udaharan hai mein. Chhota sa example hai. Trailor hai. [This is only a small example, is a small example, is only the trailor.] T: Yeh trailor hai. [This is only the trialor.] UK-III:Yeh chhotta sa humne aapko dikhaya hai. [We have shown you only this little thing.] T: Film to abhi saara pada hai. [The whole film is still there.] UK-III:Unko kaho ye chhota sa namoona hai. Abhi hukumat ko dekhna hai. Aage aur kya kya hota hai. [Tell them this is only a small sample. The Government is yet to see what happens in the time to come.] T: Abhi hukumat dekhegi kya hota hai. [The Government will see what happens now.] UK-III:Theek hai. [Alright.] T: Theek hai. Theek hai. [Alright. Alright.] UK-III: Woh kahenge na aapka demand kaya hai. Hello. [They will say what is your demand. Hello.] T: Haan jee, haan jee. [Yes jee, yes jee.] ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wwaz) Theek hai. [Ha. (Whispers to the colleagues with him: Sound of explosion in Oberoi. Alright.] T: Jee, Jee. [Jee, Jee.] UK-III: Agar Israel uss tarah nahin karegaa toh poore... Yahi hai bus theek hai. [If Israel does not do like this then all this... That is it and alright.] T: Jee, Jee. [Jee, Jee.] UK-III: Yahi kehna hai. Bus yahi kehna hai. [This is to be said. Only this is to be said.] T: Jee, Jee. [Jee, Jee.] UK-III: Israel jo yeh bharat ke musalmanon ke beech mein dakhal andaazi nahin karein. [Israel should not interfere with the Musalmans of Bharat.] T: Theek hai. [Alright.] UK-III: Theek. [Right.] T: Salaam-Valeykum. UK-II: Valeykum-assalaam. 394. And it was exactly on these lines that the terrorists from Nariman House talked to India TV as the transcripts of those interviews would indicate. 395. The deception, the falsehood that the terrorists were Indian Muslims coming from Hyderabad and were connected with some fictitious organization called Mujaheddin, Hyderabad Deccan, is one of the most ominous and distressing parts of the conspiracy. If the Appellant had not been caught alive and the investigating agencies had not been able t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ee pareshaani ki baat nahin. [There is no problem my friend, don't get worried my friend. You do your work. By the blessing of God there is destruction all around in the whole of Bombay. Two hundred and sixty (260) people are wounded and many officers are killed. Fifty (50) fidayeens have entered. Firing is going on at thirteen-fourteen (13-14) places. By the blessing of God the right atmosphere is developing. There is nothing to worry.] T: Pareshaani wah bass hai. Do bhai gaye hain. Who jaldi aa jaayein. Unko mein baar baar kehta hoon. Jaldi aa jaao, jaldi aa jaana. [The only worry is two brothers have gone. They should come quickly. I told them repeatedly:Come quickly, come quickly.] UK: Aapke yahan shayad koyee helicopter aayega. Kyonki aapke yahan koyi wazeer fansey hain hotel mein? Hotel mein bhi media bata rahe hain ki wazeer fansey hain. [A helicopter may come to your place. Because there is some Minister trapped in the hotel? The media too informs that some Minister is caught in the hotel.] T: Achha. [Very well.] UK: Ab wazeer alam ye kaha hai. Helicopter bhejkar woh wazeer logon nikalo. To aap aag laga do darwaza nahin khol rahe hain. Parde nikalkar aag ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (The collaborator talking from across the border has been marked as 'UK' and the terrorists holed up in the Nariman House are marked as 'T') T: Woh toh keh raha tha do bhai surrender ho gaye. [He was saying two brothers have surrendered.] UK: Nahi bakwaas kar rahe hain. [No they are talking nonsense.] T: Jee [Jee] UK: Surrender ho gaya. Bakwaas kar raha hai. Kal se lekar aaj tak unse koyi bhi jagah clear nahin hui hai. [Surrendered! He is talking rubbish. From yesterday till today no place has been cleared by them.] T: Aur kya naam lete hain. Uska. Baaki bhai kahan tak pahunch gaye hain. [And what other names do they take. His. Till where the rest of the brothers have reached.] UK:Sab jahaan jahaan apni apni jagah par gaye they na. [They all went where they were meant to go.] T: Haan jee. [Yes jee.] UK: Udhar hain. Allam Dulla woh toh sahi behtreen ladh rahe hain. Kaam jaari hai. Insey ab tak koyi bhi jagah clear nahin hui. Yeh koyi na kahe rahe humne yeh jagah chudwa lee hai. [They are there. Allah be praised they are fighting excellently. The work is in progress. They have not been able to clear any place. No one is saying that they ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r waali manzil hai na? [The room from where you've come (is) on the upper floor?] T: Haan jee, haan jee. [Yes jee, yes jee.] UK:Usko mere yaar jaakar aag lagao. [My friend, go and set fire to it] T: Haan jee bhai. [Yes jee, bhai.] UK: Kamron ke beech pardey hain gadde hain unko ikathha karke aag laga do. [In the rooms there are curtains and cushions, Put them together and set them on fire.] T: Asal aag lagane mein bhi utni der lagati hai aur rumaali dhondhne ko utni der lagati hai. Bataao ki hum kya karein. Aage ki toh mauj laga denge masha-allah. [Actually it takes some time to start a fire, and it takes as long to find hostages. Tell us what to do. We'll create real fun, presently.] UK: Aag laga do, aag laga do mere yaar, kamra koyi naya clear karne lage ho. [Set fire, set fire my friend; are you clearing any new rooms?] T: Haan jee. [Yes jee] UK: Pehle chalo aag lagao mere yaar upar ek banda bas ho gaya. Aag lagake neechey aa jaao. Ek banda hai na. [First go and set a fire, my friend. One fellow (is caught) upstairs, that is enough. Set fire and come down. You have one fellow, don't you?] T: Nahin do bandey hain. [No there are tw ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... T2: Ek minute. [One minute.] UK2: Position badlo. Position badlo. [Change your position. Change your position.] T2: Achha achha. Sohaib ne maara hai un bandon ko fire. [All right, all right. Sohaib has shot at those men.] UK2: Allam Dulla jagah badlo, position badlo, ikkattha mat baitho. Jahan se aa rahe hain wahan grenade fenko. Teesri manzil pe baithe hain. [Allah be praised, changed your place, change your position, don't sit together. Throw a grenade at (the direction from) where they are coming. They are on the third floor.] 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: Aapki building ke upar fauji apni position bahut mazboot kar rahi hain. Number ek. [On the top of your building the soldiers are making their position very strong. Number one (1).] T: Jee, Jee. [Jee, Jee.] UK: Agar aapko manzil pe aawaaz aa rahi ho toh chhupo andar. [If noises are coming on your floor then hide inside.] T: Haan jee. [Yes jee.] UK: Aapko aawaaz nahin aa rahi ho to aap nikal kar jahah aapko ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve courage. My friend put the gun on 'burst'. I mean sit in perfect position. Are you sitting behind some cover or are you exposed?] T: Side par baithe hain. [We are sitting at one side.] UK: Aise baithen ke andar aate hain, aapke upar nazar nahin pade. Aap kissi sofe ke peechhey bairal gun ki nikaal kar baitho. Yeh ek andaaza hai. Khada banda nazar aa jaata hai. Aaap aise position leke baitho, unko andar aate hi unhein nazar ghumani pade, unko clear karna pade, woh kamre clear kar rahe hain. Sabse pehle unhone clear karna hai. Aapke kamre mein bed aur saamaan kitna hai? [Sit in a manner that you may not be within the sight of someone coming inside. Sit behind some sofa with the barrel of the gun sticking out. This is only a suggestion. A standing man is easily sighted. Sit at a position that on coming inside they may have to look around, they may have to make clear. They are clearing the rooms. First of all they have to clear. How many beds and other articles are there in your room?] T: Haan jee hai. [Yes jee it is there.] UK: Aapke kamre mein bed saamaan hai na unki aad leke baitho toh aap uske peechhey dekhkar baithna. Bahar jab aap grenade fenkna hai toh a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... woh dhooein ka bomb fenk kar aap behosh kar dein aur jaayein aur aapko uthalein. [And it is only by fighting that the situation will be straightened out. There should not be a situation that they make you unconscious by throwing a smoke bomb and later take you (alive).] T: Nahin. [ No. ] UK: Woh badha nuksaan hai. Aap aagey badhkar ladhein, aapko kaheen se bhi nazar aa jaate hain. Khidkiyon se aap nahin dekh sakte, nazar aate hi aap fire karo. Fire karo, burst maaro. Uske saath halchal mach jayeegi toh aap nikalne ki koshish karo. [That would be a great loss. You come forward and fight if you see (them) from anywhere. Cannot you see from the window? Fire as soon as you see (them). Fire, shoot a burst. That would cause a commotion and then you can try to get out.] T: Chalo, try karte hain, Insha-allah. [Very well, I will try, God-willing.] UK: Haan mere veer; gun ki barrel nikalein, burst nikalein, ussi burst ke saath dono side nikale aur aap nikal kar jagah badalne ki koshish karo. [Yes my brother, put the barrel of the gun outside and fire a burst and with the firing of the burst come out and fire on both sides and try to change your place.] T: Theek hai jee. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hain toh unke desh ke saath taalukaat kharab ho sakte hain. Shor bhi mach jaayga. [Now the fact is that approaches are being made to save those people (hostages). If they are killed the relationship with their countries is likely to get strained. There may be a lot of noise too.] T. Insha-allah. Insha-allah. [God-willing, God-willing.] 401. In view of the enormous evidence of all possible kinds it is clear that theterrorist attack on Mumbai was in pursuance of a larger conspiracy of which the Appellant was as much part as the nine dead accused and the other wanted accused. It will be futile even to suggest that the Appellant while he was shooting at CST and at the other places along with Abu Ismail had no connection with the attacks taking place at the other targets by the other eight (8) members of the terrorist group. From the evidence on record it is further clear that the conspiracy did not stop with the group of 10 terrorists leaving the Pakistani shore. It continued developing and growing even while the larger conspiracy was under execution. In course of execution of the larger conspiracy by the ten terrorists in Mumbai, they were being advised and guided to meet the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Hotel the exact position taken by the policemen (close to a building that belonged to the navy but was given to the civilians) and from where they were taking aim and firing at them (the terrorists) and advised them the best position for them to hit back at those policemen. Hotel Taj, Talk No. 3 (Ext. No. 970) There are countless such instances to show that the collaborators were watching practically every movement of the security forces that were trying to tackle the terrorists under relentless gun fire and throwing of grenades from their end. 403. Apart from the transcripts, we can take judicial notice of the fact that the terrorists attacks at all the places, in the goriest details, were shown live on the Indian TV from beginning to end almost non-stop. All the channels were competing with each other in showing the latest developments on a minute to minute basis, including the positions and the movements of the security forces engaged in flushing out the terrorists. The reckless coverage of the terrorist attack by the channels thus gave rise to a situation where on the one hand the terrorists were completely hidden from the security forces and they had no means to know their ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r trial and added that the denial of fair trial, for any reason, wittingly or unwittingly, would have the same result: it would render the trial a nullity and no conviction or sentence based on such a trial would be legal or enforceable. Mr. Ramachandran prefaced his submissions by gently reminding the court that, having taken the path of the rule of law, we must walk the full mile; we cannot stop halfway and fall short of the standards we have set for ourselves. 409. The Learned Counsel submitted that the right to fair trial is an integral part of the right to life and personal liberty guaranteed under Article 21 of the Constitution of India, and that the fundamental right under Article 21 was inalienable and there can be no question of any waiver of the right by any person. In support of the first limb of his submission, he referred to the decisions in Zahira Habibullah Sheikh (5) v. State of Gujarat (2006) 3 SCC 374 (paragraphs 33-39 with special reference to paragraph 38, T. Nagappa v. Y.R. Muralidhar (2008) 5 SCC 633 (paragraph 8, page 636), Noor Aga v. State of Punjab (2008) 16 SCC 417 (paragraphs 71, 113, 114), NHRC v. State of Gujarat (2008) 16 SCC 497 (paragraph 5, page 4 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dran further submitted that the repeated cautioning administered by the learned magistrate to the Appellant and her admonitions to him about making the confession undoubtedly satisfied the requirements Under Section 164 of the Code of Criminal Procedure, but they fell far short of higher Constitutional standards. The Learned Counsel maintained that telling the Appellant that he was not bound to make the confession and that it could be used against him did not amount to Constitutional compliance. The magistrate was required to inform him of his rights under Article 22(1) and 20(3) of the Constitution. It is only if an accused is so informed that he can be said to have made a Constitutionally acceptable choice either to have or not to have a lawyer or to make or not to make a confession. 412. The Learned Counsel sought to buttress his submission by referring to the decision in Nandini Satpathy v. P.L. Dani (1978) 2 SCC 424 and through Nandini Satpathy to the decision of the US Supreme Court in Miranda v. Arizona 384 US 436 (1966). He referred to paragraphs 42 to 44 of the Judgment that contain the discussion regarding the stage at which the right under Article 20(3) comes into opera ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the magistrate recording a confession Under Section 164 of Code of Criminal Procedure had no obligation to comply with the Miranda rule or the requirements of Sections 32 and 52 of the POTA only because Miranda and Navjot Sandhu are cases in which confessions to police officers were admissible while, under the normal law of the land, confession to police officers are not admissible in evidence. It is precisely because the police cannot be expected to inform the accused of his Constitutional rights that the magistrate must be required to do so when the accused is brought for recording his/her confession. Mr. Ramachandran submitted that in Navjot Sandhu the Court actually implanted the right to information within articles 20(3), 21 and 22(1) and submitted that in order to give any meaningful content to those three articles it was necessary to read them along with Article 19(1) (a) of the Constitution. He submitted that unless a person is informed, in clear terms, that it is his basic right to be defended by a lawyer he would not be in a position to exercise the right under Article 22(1) in any informed and effective manner. He contended that it should be obligatory for every auth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under the marginal heading "Underlying rationale of the right against self-incrimination"; paragraphs 113 to 119 under the marginal heading "Applicability of Article 20(3) to the stage of investigation"; and paragraphs 120 to 144 under the marginal heading "Who can invoke the protection under Article 20(3)?". Mr. Gopal Subramanium: 416. In reply to the submissions made on behalf of the Appellant, Mr. Subramanium submitted that all Constitutional rights of the Appellant, including the right to be defended by a lawyer and protection against self-incrimination, were fully secured and up-held and it is incorrect to say that the trial of the Appellant was vitiated by denial of any Constitutional right or privilege to him. Mr. Subramanium agreed that the Constitution of India indeed accorded a primary status to the rights of a person accused of committing any offences. Article 21 of the Constitution guaranteed the right to life and personal liberty in the widest amplitude, and other related provisions in the Constitution provided for the safeguards essential to preserve the presumption of innocence of the accused, as well as for the trial of the accused i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the case. (2) Such person shall be bound to answer truly all questions relating to such case put to him by such officer, other than questions the answers to which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture. (3) The police officer may reduce into writing any statement made to him in the course of an examination under this section; and if he does so, he shall make a separate and true record of the statement of each such person whose statement he records: Provided that statement made under this Sub-section may also be recorded by audio-video electronic means. (Emphasis supplied) 420. He pointed out that the provisions of Sub-section (2) of Section 161 that disallow incriminating answers to police interrogations, are clearly an extension and application of the principle enshrined in Article 20(3). 421. A similar position obtains from the provisions of Section 162, which reads as follows: 162. Statements to police not to be signed: Use of statements in evidence.- (1) No statement made by any person to a police officer in the course of an investigation under this Chapter, shall, if reduced to writing, be signed by the person making ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , any person from making in the course of any investigation under this Chapter any statement which he may be disposed to make of his own free will: Provided that nothing in this Sub-section shall affect the provisions of Sub-section (4) of Section 164 (Emphasis supplied) 424. Mr. Subramanium submitted that Sub-section (1) of Section 163 contains the universally accepted principle, enjoining against inducement or coercion etc.; but it is Sub-section (2) that rounds off and completes the provision by introducing the distinction between a statement obtained by inducement, coercion etc., and another made freely and voluntarily and separating the one from the other; Sub-section (2) upholds the individual volition of an accused person to confess to an offence, as an attribute of his free will. 425. Mr. Subramanium further submitted that the scheme of Sections 161 to 163 needs to be understood in the context of the investigation process in India. He stated that the inadmissibility of statements by the accused to the police and the resultant distancing of the police from the accused are meant to adequately protect and uphold the rights and liberty of the accused. Though primarily pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lieve that this confession was voluntarily made. It was taken in my presence and hearing, and was read over to the person making it and admitted by him to be correct, and it contains a full and true account of the statement made by him. (Signed) A.B. Magistrate. (5) Any statement (other than a confession) made under Sub-section (1) shall be recorded in such manner hereinafter provided for the recording of evidence as is, in the opinion of the Magistrate, best fitted to the circumstances of the case; and the Magistrate shall have power to administer oath to the person whose statement is so recorded. (6) The Magistrate recording a confession or statement under this section shall forward it to the Magistrate by whom the case is to be inquired into or tried. (Emphasis supplied) 427. Mr. Subramanium pointed out that Sub-section (1) of Section 164 provides for the recording of a confession during the course of an investigation under Chapter XII of Code of Criminal Procedure; Sub-section (2) of Section 164 mandates the magistrate to administer the pre-confession caution to the accused and also requires the magistrate to be satisfied, as a judicial authority, about the confession ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion made voluntarily as an expression of free will and volition cannot be disallowed as provided in Sub-section (2) of Section 163 and Section 164. 431. Here Mr. Subramanium referred to the decision of this Court in State of Bombay v. Kathi Kalu Oghad (1962) 3 SCR 10, in which an eleven-Judge Bench of this Court examined the true import of Article 20(3) and held that "an accused person cannot be said to have been compelled to be a witness against himself simply because he made a statement while in police custody without anything more"; and that "the mere questioning of an accused person by a police officer, resulting in a voluntary statement, which may ultimately turn out to be incriminatory, is not 'compulsion'". 432. In light of the decision in Kathi Kalu Oghad, Mr. Subramanium submitted that voluntary statements are not proscribed by Article 20(3) and do not amount to violation of the privilege against self-incrimination. 433. Having thus established the connections between the provisions of the Code of Criminal Procedure and the relevant Articles of the Constitution, Mr. Subramanium contended that the provisions of Section 161, 162, 163 and 164 Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sed is not represented by a pleader and it appears to the court that he may not have sufficient means to engage a pleader. The effectiveness of the right to legal aid at the stage of trial is also buttressed by the provisions of Section 169 Code of Criminal Procedure, wherein an accused may be discharged upon the completion of the process of investigation if there is insufficient evidence or no reasonable ground of suspicion to justify the forwarding of the accused to a magistrate. 437. He added that the rationale behind the provision of the right to legal aid must be understood in the context of the Indian system of investigation. Unlike certain foreign jurisdictions, Indian procedural and evidence laws do not permit statements made to the police to be admissible, and only judicial confessions made to a magistrate in compliance with the provisions of Section 164 are admissible. The same position does not obtain in certain other jurisdictions, for example, the United States of America and the United Kingdom, where statements made to police officers are fully admissible and used as evidence against the accused. There are, therefore, consequences attached to statements made whilst i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... [State Compilation 1, pg. 151] The US Supreme Court has therefore developed a parallel jurisprudence with respect to the Assessment of the waiver by the accused of his Miranda rights and has stated in Berghuis that a waiver must be voluntary, i.e. the product of a free and deliberate choice rather than of intimidation, coercion or deception, and made with full awareness of both the nature of the right being abandoned and the consequences of the decision to abandon it. 441. Mr. Subramanium also submitted that the Miranda principles that gave the accused the right to silence and an absolute right to counsel at the stage of police interrogation have not been uniformly followed in several other jurisdictions. He pointed out that the Miranda principle has been held to be inapplicable in Australia in a Judgment of the High Court of Australia in Dietrich v. Rule (1992) 177 CLR 292. In this regard, he also referred to the Judgment of the Supreme Court of Canada in R. v. Sinclair (2010) 2 S.C.R. 310. He also referred to a decision of the European Court in Salduz v. Turkey (2009) 49 EHRR 19, and two decisions of the UK Supreme Court in Ambrose v. Harris (Procurator Fiscal, Oban) (Scotland) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot be denied that opportunity. Perhaps, Nandini Satpathy does not go so far as Miranda in establishing access to a lawyer at the interrogation stage. 446. Mr. Subramanium submitted that the Miranda principle has no application to normal criminal procedure in India because similar safeguards and precautions with respect to the rights of the accused are expressly recognized in India under the law. He emphasized that the rights of the accused (including the right against self-incrimination and the right to legal representation) have been placed on a much higher pedestal in Indian law, even prior to such judicial developments in the United States. The Learned Counsel submitted that the Constitutional provisions of Article 20(3) and Article 22(1), read with the statutory protections Under Sections 161, 162, 163 and 164 Code of Criminal Procedure as well as Sections 24 and 25 of the Evidence Act, 1872, make the rights of an accused sacrosanct. 447. He also referred to the decision in Selvi, relied upon on behalf of the Appellant, and submitted that in Selvi this Court made the following observations: In Indian law, there is no automatic presumption that the custodial statements have ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ther fully effective means are adopted to notify the person of his right of silence and to assure that the exercise of the right will be scrupulously honored, the following measures are required. He must be warned prior to any questioning that he has the right to remain silent; that anything he says can be used against him in a court of law, that he has the right to the presence of an attorney, and that if he cannot afford an attorney one will be appointed for him prior to any questioning if he so desires. Opportunity to exercise these rights must be afforded to him throughout the interrogation. After such warnings have been given, and such opportunity afforded him, the individual may knowingly and intelligently waive these rights and agree to answer questions or make a statement. But unless and until such warnings and waiver are demonstrated by the prosecution at trial, no evidence obtained as a result of interrogation can be used against him. (Emphasis Added) 450. We have not the slightest doubt that the right to silence and the right to the presence of an attorney granted by the Miranda decision to an accused as a measure of protection against self-incrimination have no appli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) and that may constitute a dying declaration (vide Section 32 of the Evidence Act). Coupled with these provisions of the Code of Criminal Procedure is Section 25 of the Evidence Act that makes any confession by an accused made to a police officer completely inadmissible. Section 163 of the Code of Criminal Procedure prohibits the use of any inducement, threat or promise by a police officer. and then comes Section 164 Code of Criminal Procedure, dealing with the recording of confessions and statements made before a magistrate. Sub-section (1) of Section 164 provides for recording any confession or statement in the course of an investigation, or at any time before the commencement of the inquiry or trial; Sub-section (2) mandates the magistrate to administer the pre-confession caution to the accused and also requires him to be satisfied, as a judicial authority, about the confession being made voluntarily; Sub-section (3) provides one of the most important protections to the accused by stipulating that in case the accused produced before the magistrate declines to make the confession, the magistrate shall not authorize his detention in police custody; Sub-section (4) incorporates th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any person who is arrested. Articles 20(3) and 22(1) may be telescoped by making it prudent for the police to permit the advocate of the accused to be present at the time he is examined. Over-reaching Article 20(3) and Section 161(2) will be obviated by this requirement. But it is not as if the police must secure the services of a lawyer, for, that will lead to 'police station-lawyer' system with all its attendant vices. If however an accused expresses the wish to have his lawyer by his side at the time of examination, this facility shall not be denied, because, by denying the facility, the police will be exposed to the serious reproof that they are trying to secure in secrecy and by coercing the will an involuntary self-incrimination. It is not as if a lawyer's presence is a panacea for all problems of self-incrimination, because, he cannot supply answers or whisper hints or otherwise interfere with the course of questioning except to intercept where intimidatory tactics are tried and to caution his client where incrimination is attempted and to insist on questions and answers being noted where objections are not otherwise fully appreciated. The lawyer cannot harangue ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... enue Intelligence in a case under the Narcotic Drugs and Psychotropic Substances Act, 1985, had the right of the presence of his lawyer at the time of interrogation. The Court, after discussing the decision in Nandini Satpathy and relying upon the decision in Poolpandi, rejected the claim; but, in light of the decision in D.K. Basu and with regard to the special facts and circumstances of the case, directed that the interrogation of the Respondent may be held within sight of his advocate or any person duly authorized by him, with the condition that the advocate or person authorized by the Respondent might watch the proceedings from a distance or from beyond a glass partition but he would not be within hearing distance, and the Respondent would not be allowed to have consultations with him in the course of the interrogation. 461. But, as has been said earlier, Nandini Satpathy and Miranda may also be found referred quite positively, though in a more general way, in several decisions of this Court. In D.K. Basu, this Court, while dealing with the menace of custodial violence, including torture and death in the police lock-up, condemned the use of violence and third-degree methods of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n rank than a Superintendent of Police, is admissible in evidence though subject, of course, to the safeguards stipulated in Sub-sections (2) to (5) of Section 32 and Section 52 that lay down the requirements to be complied with at the time of the arrest of a person. Insisting on a strict compliance with those safeguards, the Court in Navjot Sandhu pointed out that those safeguards and protections provided to the accused were directly relatable to Articles 21 and 22(1) of the Constitution and incorporated the guidelines spelled out by this Court in Kartar Singh and D.K. Basu. In that regard, the Court also referred in paragraph 55 of the Judgment to the decision in Nandini Satpathy, and in paragraph 63 to the Miranda decision, observing as follows: In the United States, according to the decisions of the Supreme Court viz., Miranda v. Arizona 384 US 436 : 16 L Ed 2d 694 (1966); Escobedo v. Illinois 378 US 478 : 12 L Ed 2d 977 (1964) the prosecution cannot make use of the statements stemming from custodial interrogation unless it demonstrates the use of procedural safeguards to secure the right against self-incrimination and these safeguards include a right to counsel during such i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n different ways. It is, therefore, wrong to argue that what is said in context of the POTA should also apply to the mainstream criminal law procedure. 466. We are also not impressed by Mr. Ramachandran's submission that providing a lawyer at the stage of trial would provide only incomplete protection to the accused because, in case the accused had already made a confession Under Section 164 Code of Criminal Procedure, the lawyer would be faced with a fait accompli and would be defending the accused with his hands tied. 467. The object of the criminal law process is to find out the truth and not to shield the accused from the consequences of his wrongdoing. A defense lawyer has to conduct the trial on the basis of the materials lawfully collected in the course of investigation. The test to judge the Constitutional and legal acceptability of a confession recorded Under Section 164 Code of Criminal Procedure is not whether the accused would have made the statement had he been sufficiently scared by the lawyer regarding the consequences of the confession. The true test is whether or not the confession is voluntary. If a doubt is created regarding the voluntariness of the confess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y comprise an organic structure developing and growing like a living organism. We cannot put it better than in the vibrant words of Justice Vivian Bose, who, dealing with the incipient Constitution in State of West Bengal v. Anwar Ali Sarkar AIR 1952 SC 75 made the following observations: I find it impossible to read these portions of the Constitution without regard to the background out of which they arose. I cannot blot out their history and omit from consideration the brooding spirit of our times. They are not just dull, lifeless words static and hide-bound as in some mummified manuscript, but, living flames intended to give life to a great nation and order its being, tongues of dynamic fire, potent to mould the future as well as guide the present. The Constitution must, in my Judgment, be left elastic enough to meet from time to time the altering conditions of a changing world with its shifting emphasis and differing needs. I feel therefore that in each case Judges must look straight into the heart of things and regard the facts of each case concretely much as a jury would do; and yet, not quite as a jury, for we are considering here a matter of law and not just one of fact: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... into force, the programme of legal aid had assumed the proportions of a national movement. 475. All this development clearly indicates the direction in which the law relating to access to lawyers/legal aid has developed and continues to develop. It is now rather late in the day to contend that Article 22(1) is merely an enabling provision and that the right to be defended by a legal practitioner comes into force only on the commencement of trial as provided Under Section 304 of the Code of Criminal Procedure. 476. And this leads us to the second ground for not accepting Mr. Subramanium's submission on this issue. Mr. Subramanium is quite right and we are one with him in holding that the provisions of the Code of Criminal Procedure and the Evidence Act fully incorporate the Constitutional guarantees, and that the statutory framework for the criminal process in India affords the fullest protection to personal liberty and dignity of an individual. We find no flaws in the provisions in the statutes books, but the devil lurks in the faithful application and enforcement of those provisions. It is common knowledge, of which we take judicial notice, that there is a great hiatus betwe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ill report to the High Court of Patna its compliance with this direction within a period of six weeks from today. 478. Two years later, in Khatri (II) relating to the infamous case of blinding of prisoners in Bihar, this Court reiterated that the right to free legal aid is an essential ingredient of due process, which is implicit in the guarantee of Article 21 of the Constitution. In paragraph 5 of the Judgment, the Court said: This Court has pointed out in Hussainara Khatoon (IV) case Hussainara Khatoon (IV) v. Home Secretary, State of Bihar, (1980) 1 SCC 98 which was decided as far back as March 9, 1979 that the right to free legal services is 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 and the State is under a constitutional 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. 479. Then, brushing aside the plea of financial constraint in providing legal aid to an indigent, the Court went on to say: More ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 981, a person arrested needs a lawyer at the stage of his first production before the magistrate, to resist remand to police or jail custody and to apply for bail. He would need a lawyer when the chargesheet is submitted and the magistrate applies his mind to the chargesheet with a view to determine the future course of proceedings. He would need a lawyer at the stage of framing of charges against him and he would, of course, need a lawyer to defend him in trial. 483. To deal with one terrorist, we cannot take away the right given to the indigent and under-privileged people of this country by this Court thirty one (31) years ago. 484. We, therefore, have no hesitation in holding that the right to access to legal aid, to consult and to be defended by a legal practitioner, arises when a person arrested in connection with a cognizable offence is first produced before a magistrate. We, accordingly, hold that it is the duty and obligation of the magistrate before whom a person accused of committing a cognizable offence is first produced to make him fully aware that it is his right to consult and be defended by a legal practitioner and, in case he has no means to engage a lawyer of hi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that he does not want the assistance of any lawyer and would rather defend himself personally, the obligation to provide him with a lawyer at the commencement of the trial is absolute, and failure to do so would vitiate the trial and the resultant conviction and sentence, if any, given to the accused (see Suk Das v. UT of Arunachal Pradesh (1986) 2 SCC 401). 488. But the failure to provide a lawyer to the accused at the pre-trial stage may not have the same consequence of vitiating the trial. It may have other consequences like making the delinquent magistrate liable to disciplinary proceedings, or giving the accused a right to claim compensation against the State for failing to provide him legal aid. But it would not vitiate the trial unless it is shown that failure to provide legal assistance at the pre-trial stage had resulted in some material prejudice to the accused in the course of the trial. That would have to be judged on the facts of each case. 489. Having thus enunciated the legal position, we may examine the facts of the Appellant's case. As noted in the earlier part of the Judgment (under the marginal heading "Kuber"), the Appellant was arrested by Marde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by him in Urdu, to the magistrate. In this letter, he once again asserted his Pakistani identity and nationality, and requested a Pakistani lawyer. In this letter, he clearly said that he did not want any Indian lawyer for his defence. He also said that he had already written a letter to the Pakistani Consulate/High Commission, requesting a lawyer, but he failed to get any reply from there. He requested the magistrate to make a request on his behalf to the Pakistani Consulate/High Commission for providing him legal aid. On that date, the court remanded him to magisterial custody for the purposes of an identification parade, recording in the order sheet that the Appellant had requested a Pakistani lawyer. On December 29, 2008, the Additional Chief Metropolitan Magistrate 37th Court, Esplanade, Mumbai, took the rather unusual step of directly forwarding the Appellant's letter to the "Hon'ble Ambassador, Pakistan", with a covering letter under his seal and signature. Unfortunately for the Appellant, the country of his nationality was in a mode of complete denial at that stage, and there does not seem to be even an acknowledgement of his letters requesting a Pakistani ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orded before the magistrate. On the same day, the prosecution opened its case. It is another matter that, towards the end of the trial, Mr. Kazmi picked repeated quarrels with the court. From the orders passed by the court in that regard, it is clear that Mr. Kazmi was bent upon delaying the trial proceedings and was raising groundless objections at every step, trying to make it impossible for the court to proceed with the trial. As a result, the court was eventually forced to remove Mr. Kazmi from the trial. Mr. Kazmi challenged the court's order removing him from the trial before the High Court, but the High Court affirmed the order of the trial court. It may be noted here that even Mr. Ramachandran did not find any fault with the decision of the court to remove Mr. Kazmi from the court proceedings. From that stage, the Appellant was represented by Mr. Pawar, who seems to have handled the case as well as anyone could have done in face of the evidence against the Appellant. 493. On the basis of the Appellant's two letters in which he sought the help of the Pakistani Consulate/High Commission to provide him with a Pakistani lawyer, Mr. Ramachandran submitted that it is cle ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under the Indian Constitution. He was offered the services of a lawyer at the time of his arrest and at all relevant stages in the proceedings. We are also clear in our view that the absence of a lawyer at the pre-trial stage was not only as per the wishes of the Appellant himself, but that this absence also did not cause him any prejudice in the trial. Too little time allowed to the lawyer for preparation: 498. Mr. Ramachandran submitted that after Mr. Kazmi was appointed by the court to represent the Appellant, he filed an application on April 21, 2009, requesting for grant of four weeks' time to prepare a reply to the submissions made by the Special PP Under Section 226 Code of Criminal Procedure. His application was only partly allowed and he was given only eight days' time, till May 2, 2009, to prepare a reply to the address of the Special PP. On that date, Mr. Kazmi submitted an application raising the issue of the juvenility of the Appellant, which was rejected by the court after it held an enquiry into the matter. Mr. Ramachandran submitted that the time of eight days given by the trial court to the court-appointed lawyer was unreasonably short, considering that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... opments in the trial but also giving details of the hours of the court proceedings on each day, and from this chart we are satisfied that Mr. Kazmi was allowed ample time for preparation. 502. It would be pertinent to note here that Mr. Kazmi himself never complained about not being given sufficient time. We may further note that, from the record of proceedings of the trial court, Mr. Kazmi does not appear to be the noncomplaining type, one who would suffer silently or take things lying down. In the later stages of the trial, Mr. Kazmi raised all kinds of objections and left no opportunity to noisily protest against the procedural decisions of the trial court, yet he never complained that he was given insufficient time for preparation. 503. We further find that, in the course of the trial, when Mr. Kazmi requested for adjournment for cross-examination of some important witnesses, the court accommodated him on most occasions. We are, therefore, unable to agree with Mr. Ramachandran that the defence was not allowed sufficient time for preparation of the case and that denial of sufficient time vitiated the trial. II. The charges not established 504. Mr. Ramachandran feebly submitt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me of the person whom he met at the gate of the office and then of the person whom he met inside the office. He would say what was written on the slips of paper given by one office while sending him to the other office or training camp. According to Mr. Ramachandran, all those details were quite unnecessary in a confession and a person making a confession with regard to the Mumbai attack would normally not go into all those particulars on his own unless prompted by some external agency. 506. He further submitted that the confession as recorded by the magistrate was too tightly organized, well-structured and properly sequenced to be the true and honest narrative of the Appellant, who was merely a semi-literate rustic. The confession started with the childhood days of the Appellant at his village Faridkot, tehsil Dipalpur, district Okara, Punjab Province, Pakistan, and ended with his arrest at Vinoli Chowpaty in Mumbai, and all the intervening circumstances were detailed one after the other in a highly structured and properly sequenced manner. He submitted that a person of the Appellant's education, when making an oral confessional statement, was bound to slightly ramble and man ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... spective positions in the hierarchy of the organization and their special skills. As an instance, Mr. Ramachandran referred to the passage in the confessional statement where the Appellant is taken to the media room of the organization and Kafa tells him about Zarar Shah being the head of the media wing of the organization. 509. Mr. Ramachandran pointed out that the Appellant describes a number of events in the course of his training in Pakistan in the minutest detail. He not only recalls what someone said at that time but actually reproduces long statements made by someone else in direct speech, which is recorded by the magistrate within inverted commas. The Learned Counsel submitted that this feature of the confessional statement was itself sufficient to discredit it. 510. He further pointed out that, at several places, in course of some discussion in a group, the Appellant asks a question to elicit an answer that would fit exactly into the prosecution's case. Mr. Ramachandran submitted that, if viewed objectively, those parts of the confession would appear quite out of place and contrived. He also referred to some other passages in the confessional statement, like the one ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pellant, for which also there was otherwise no evidence. 514. Mr. Ramachandran further submitted that the Appellant had wanted to make a confession as soon as he was apprehended (see his answer to question No. 9 by the magistrate in the record of proceedings dated February 18, 2009, before Mrs. Sawant-Wagule, PW-218). Even Ramesh Padmanabh Mahale, the Chief Investigating Officer (PW-607), said in his deposition in court that he realised in the first week of December 2008 that the Appellant was willing to give a confession before a magistrate (vide Paragraph 25 of his deposition before the court). and yet, he was brought before the magistrate for making the confession as late as February 17, 2009. That the Appellant was produced before the magistrate only after the investigation was complete is evident from the fact that the recording of the confession was completed on February 21, 2009, and the chargesheet was filed on February 25, 2009. Mr. Ramachandran submitted that after the investigation was over, the police wanted the Appellant to confirm all the findings made in course of the investigation and that the Appellant was produced before the magistrate with that objective. 515. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... disowned by the country to which he belongs. Thus, in the statement that he made before the magistrate on February 20, 2009, the Appellant was making it clear that he was a Pakistani by birth and by citizenship, and was making assertions that no one could deny. 518. Proceeding to the structure of the statement the sequence of events narrated therein and the use of some words that prima facie seem unnatural in his mouth. It needs to be kept in mind that the Appellant was making the statement after being in police custody for several months. The police, in the course of countless sessions of interrogations, would have turned him inside out, and he would have earlier made the very same statements in the same sequence before the police many a times. Under relentless police interrogations, he would have recalled the smallest details of his past life, specially relating to the preparation and training for the attack on Mumbai. (The statements made before the police were not, however, admissible in evidence as being barred by the various provisions of the Code of Criminal Procedure and the Evidence Act, as discussed in detail above.) But when the Appellant went to the magistrate to make ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gistrate on February 17, 2009, even though he had expressed his willingness to make the confessional statement in early December, 2008, is equally legitimate and understandable. The police could not afford to lose custody of the Appellant at that stage, as it was essential in connection with their investigation, which was still incomplete to a very large extent at that time. Once the Appellant was produced for recording of the confession Under Section 164 of the Code of Criminal Procedure, the law ordained the magistrate to send him to judicial custody and not back on police remand. In those circumstances, the police was fully justified in producing the Appellant for confession only after completing its own investigation, when it no longer needed the Appellant in its custody. 521. Leaving aside Mr. Ramachandran's criticisms, the proof of the voluntariness and the truthfulness of the confessional statement comes directly from the Appellant's own statements. It is noted in the earlier part of the Judgment that, on February 18, 2009, when the Appellant was brought before the magistrate, she asked him when he first felt like making a confession, to which he had replied that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... landing at Badhwar Park on the inflatable rubber boat. He then went back again to the various kinds of trainings that he had received at different places in Pakistan. However, what is of importance is that, though structurally and sequentially the statement made in the court is completely different from the confessional statement made before the magistrate, it has broadly the same contents. It is true that in the confessional statement he presents himself as the central figure in almost all the episodes while in the statement before the court he appears to be perceptibly retreating to the background. The lead role in and the overt acts are attributed to others rather than to himself. In all the offences that he committed in Mumbai along with Abu Ismail, it is now the latter who is in the lead and he himself is simply following behind him. The killing of Amarchand Solanki on the boat Kuber that he owned up to almost with pride before the magistrate is now assigned to Abu Soheb with Kasab not even present in the engine room. Significantly, however, as regards his joining of Lashkar-e-Toiba, the formation of the conspiracy, the preparation and training for the attack on Mumbai, as we ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in exerting its pull on the Appellant. 529. In light of the discussions made above, we are unable to accept Mr. Ramachandran's submission to eschew the Appellant's confessional statement made before the magistrate completely from consideration. We are clearly of the view that the confessional statement recorded by the magistrate is voluntary and truthful, except insofar as it relates to the other two accused, namely, Fahim and Sabauddin. IV. Conspiracy 530. Mr. Ramachandran submitted that the charge of conspiracy cannot be said to have been fully established against the Appellant. He pointed out that the Appellant was charged with a larger conspiracy and he was alleged to have: 1) Attempted to destabilize the Government of India by engineering violence in different parts in India; 2) Attempted to create instability in India by the aforesaid subversive activities; 3) Terrorized the people in different parts of India by indulging in wanton killings and destruction of properties through bomb attacks and use of fire-arms and lethal weapons; 4) Conspired to weaken India's economic might; 5) Conspired to kill foreign nationals with a view to cause serious damage ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1999) 5 SCC 253 (para 111). We find no force or substance in the submission, and the reliance placed on the decision in Nalini is quite misconceived. In Nalini, the Court was examining the question whether a confession made by an accused and recorded Under Section 32 of TADA, though a substantive evidence against the maker thereof, could be used with the same force against a co-accused being tried in the same case. The Court considered the question first in light of the amendment of TADA by Act 43 of 1993, and came to hold and find that while a confession is substantive evidence against its maker, it cannot be used as substantive evidence against another person, even if the latter is a co-accused, and can only be used as a piece of corroborative material to support other substantive evidence. The State then fell back on Section 10 of the Evidence Act, arguing that the width of the provision is so large as to render any statement made by a conspirator as substantive evidence if it satisfies the other conditions of the Section. Rejecting the State's submission, the Court pointed out that a confession can normally be made when an accused is under arrest and his contact with the ot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pertains to the incidents at venues where the Appellant was not present, and in that regard he has already made his submissions while dealing with the question of conspiracy. In regard to the conviction Under Section 121, therefore, he would confine his submissions to the offences directly attributable to the Appellant. 535. Mr. Ramachandran was anxious to somehow rescue the Appellant from the grave charge of waging war against the Government of India. His anxiety in regard to this particular charge stems from the fact that the conviction for the offence of "waging war" has been viewed by the High Court as the most aggravating factor for awarding the death sentence to the Appellant. Mr. Ramachandran evidently hoped that if he succeeded in getting the Appellant acquitted of the charge of "waging war" he would be in a better position to plead before the Court for mitigation of the punishment and commutation of his sentence to life imprisonment. 536. Mr. Ramachandran argued that killing of people, even though in large numbers, within the precincts of CST, or the other offences committed by the Appellant, earlier described under the heads "Cama in", &qu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reatly extended, expansive and liberal meaning to a criminal statute, which is not permissible. 539. Mr. Ramachandran further submitted that on the question of "waging war" the present case was not comparable to the cases of Navjot Sandhu and Mohd. Arif v. State of Delhi 2011 (8) SCALE 328. In Navjot Sandhu and Mohd. Arif, the targets of attack were the Parliament building and the Red Fort, which this Court held were clearly symbols of the Indian State and its sovereignty. According to Mr. Ramachandran, the same could not be said of CST, which is only a public building. 540. The offences concerning "waging war" are in Chapter VI of the Penal Code under the heading "of offences against the State". Section 121 uses the phrase 'Government of India' and it provides as follows: 121. Waging, or attempting to wage war, or abetting waging of war, against the Government of India. - Whoever, wages war against the Government of India, or attempts to wage such war, or abets the waging of such war, shall be punished with death, or imprisonment for life and shall also be liable to fine. 541. Section 121A makes a conspiracy to commit offences punishable ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Code), to omit giving any notice or furnishing any information to any public servant. Moreover, Section 123 of the Penal Code makes it an offence to conceal, whether by act or omission, the existence of a design to "wage war" against the Government of India, when intending by such concealment to facilitate, or knowing it to be likely that such concealing will facilitate, the waging of such war. 545. The question that arises for consideration, therefore, is what is the true import of the expression "Government of India"? In its narrower sense, Government of India is only the executive limb of the State. It comprises a group of people, the administrative bureaucracy that controls the executive functions and powers of the State at a given time. Different governments, in continuous succession, serve the State and provide the means through which the executive power of the State is employed. The expression "Government of India" is surely not used in this narrow and restricted sense in Section 121. In our considered view, the expression "Government of India" is used in Section 121 to imply the Indian State, the juristic embodiment of the sov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... In Navjot Sandhu, the issue of "waging war" against the Government of India has also been considered in relation to terrorist acts and in that regard the Court observed and held as follows: 275. War, terrorism and violent acts to overawe the established Government have many things in common. It is not too easy to distinguish them.... 276. It has been aptly said by Sir J.F. Stephen: Unlawful assemblies, riots, insurrections, rebellions, levying of war are offences which run into each other and not capable of being marked off by perfectly definite boundaries. All of them have in common one feature, namely, that the normal tranquility of a civilized society is, in each of the cases mentioned, disturbed either by actual force or at least by the show and threat of it. 277. To this list has to be added "terrorist acts" which are so conspicuous now-a-days. Though every terrorist act does not amount to waging war, certain terrorist acts can also constitute the offence of waging war and there is no dichotomy between the two. Terrorist acts can manifest themselves into acts of war. According to the learned Senior Counsel for the State, terrorist acts prompted by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the target assigned to the Appellant and Abu Ismail was CST Station (according to Mr. Ramachandran, no more than a public building) where they killed a large number of people or that they killed many others on Badruddin Tayabji Marg and in Cama Hospital. What matters is that the attack was aimed at India and Indians. It was by foreign nationals. People were killed for no other reason than they were Indians; in case of foreigners, they were killed because their killing on Indian soil would embarrass India. The conspiracy, in furtherance of which the attack was made, was, inter alia, to hit at India; to hit at its financial centre; to try to give rise to communal tensions and create internal strife and insurgency; to demand that India should withdraw from Kashmir; and to dictate its relations with other countries. It was in furtherance of those objectives that the attack was made, causing the loss of a large number of people and injury to an even greater number of people. Nothing could have been more "in like manner and by like means as a foreign enemy would do". 552. In this connection Mr. Gopal Subramanium has referred to the transcripts of the conversations between the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sed on due process and, therefore, he should not be given the death sentence. 557. Mr. Ramachandran's contention that the trial of the Appellant was less than completely fair is based on the same grounds that he earlier advanced to suggest that the trial was vitiated and nullified. He submitted that the Appellant's confession was recorded without adhering to the constitutional safeguards and that the lawyer nominated to represent him was not given a reasonable time to prepare the case. The Learned Counsel submitted that an unhappy compromise was struck between the demands of speedy trial and the requirements of a fair trial in this case, and in that situation, prudence would demand that this Court should not confirm the death penalty given to the Appellant but change it to life sentence. 558. In the earlier parts of the Judgment we have already considered in detail both the submissions and found them not worthy of acceptance. We have held that there was no lowering of the standard of fairness and reasonableness in the Appellant's trial and it, therefore, follows that no mitigation in punishment can be asked for on that score. 559. Mr. Ramachandran next submitted that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing by hard manual labour. Soon thereafter, he had a quarrel with his father over his earnings and that led to his leaving his home. At that immature age, living away from home and family and earning his livelihood by manual labour, he was allured by a group of fanatic murderers seemingly engaged in social work. He thought that he too should contribute towards helping the Kashmiris, who he was led to believe were oppressed by the Indian Government. Mr. Ramachandran submitted that, seen from his point of view, the Appellant may appear completely and dangerously wayward but his motivation was good and patriotic. Mr. Ramachandran further submitted that once trapped by Lashkar-e-Toiba he was completely brain-washed and became a tool in their hand. While executing the attack on Mumbai, along with nine (9) other terrorists, the Appellant was hardly in control of his own mind. He was almost like an automaton working under remote control, a mere extension of the deadly weapon in his hands. 562. Mr. Ramachandran submitted that, viewed thus, it would appear wholly unjust to give the death penalty to the Appellant. The death penalty should be kept reserved for his handlers, who, unfortunatel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ere crying and wailing inside; and the nonchalance with which he and Abu Ismail gunned down the police officer Durgude on coming out of Cama Hospital. 564. The saddest and the most disturbing part of the case is that the Appellant never showed any remorse for the terrible things he did. As seen earlier, in the initial weeks after his arrest he continued to regard himself as a "watan parast", a patriotic Pakistani who considered himself to be at war with this country, who had no use for an Indian lawyer but needed a Pakistani lawyer to defend him in the court. He made the confessional statement before the magistrate on February 17, 2009, not out of any sense of guilt or sorrow or grief but to present himself as a hero. He told the magistrate that he had absolutely no regret for whatever he had done and he wanted to make the confession to set an example for others to become Fidayeen like him and follow him in his deeds. Even in the course of the trial he was never repentant and did not show any sign of contrition. The judge trying him had occasion to watch him closely and has repeatedly observed about the lack of any remorse on the part of the Appellant. The High Court, to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cked that it will expect the holders of the judicial power centre to inflict death penalty irrespective of their personal opinion as regards desirability or otherwise of retaining death penalty. The community may entertain such a sentiment when the crime is viewed from the platform of the motive for, or the manner of commission of the crime, or the anti-social or abhorrent nature of the crime, such as for instance: 1. Manner of commission of murder 33. When the murder is committed in an extremely brutal, grotesque, diabolical, revolting or dastardly manner so as to arouse intense and extreme indignation of the community. For instance, (i) when the house of the victim is set aflame with the end in view to roast him alive in the house. (ii) when the victim is subjected to inhuman acts of torture or cruelty in order to bring about his or her death. (iii) when the body of the victim is cut into pieces or his body is dismembered in a fiendish manner. II. Motive for commission of murder 34. When the murder is committed for a motive which evinces total depravity and meanness. For instance when (a) a hired assassin commits murder for the sake of money or reward (b) a cold-blo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... We can even say that every single reason that this Court might have assigned for confirming a death sentence in the past is to be found in this case in a more magnified way. 570. This case has the element of conspiracy as no other case. The Appellant was part of a conspiracy hatched across the border to wage war against the Government of India and lethal arms and explosives were collected with the intention of waging war against the Government of India. The conspiracy was to launch a murderous attack on Mumbai regarding it as the financial centre of the country; to kill as many Indians and foreign nationals as possible; to take Indians and foreign nationals as hostages for using them as bargaining chips in regard to the terrorists' demands; and to try to incite communal strife and insurgency; all with the intent to weaken the country from within. 571. The case presents the element of previous planning and preparation as no other case. For execution of the conspiracy, the Appellant and the nine (9) other dead accused, his accomplices, were given rigorous and extensive training as combatants. The planning for the attack was meticulous and greatly detailed. The route from Karac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rievously, jointly by the Appellant and Abu Ismail. The rest of the policemen and law enforcement officers, including the NSG Commando Major Sandeep Unnikrihsnan, were killed as part of the larger conspiracy to which the Appellant was a party. 576. The loss of property caused by the attack is colossal, over Rupees one hundred and fifty crores (Rs. 150 Cr.), again of a scale as in no other case. 577. The offences committed by the Appellant show a degree of cruelty, brutality and depravity as in very few other cases. 578. The Appellant, as also the other nine (9) terrorists, his co-conspirators, used highly lethal weapons such as AK-47 rifles, 9 mm pistols, and grenades and RDX bombs. 579. As to the personality of the victims, all the persons killed/injured at CST, Badruddin Tayabji Marg and Cama Hospital were harmless, defenceless people. What is more, they did not even know the Appellant and the Appellant too had no personal animus against them. He killed/injured them simply because they happened to be Indians. 580. It is already seen above that the Appellant never showed any repentance or remorse, which is the first sign of any possibility of reform and rehabilitation. 581. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t is indeed to be awarded in the "rarest of rare cases when the alternative option (of life sentence) is unquestionably foreclosed". Now, as long as the death penalty remains on the statute book as punishment for certain offences, including "waging war" and murder, it logically follows that there must be some cases, howsoever rare or one in a million, that would call for inflicting that penalty. That being the position we fail to see what case would attract the death penalty, if not the case of the Appellant. To hold back the death penalty in this case would amount to obdurately declaring that this Court rejects death as lawful penalty even though it is on the statute book and held valid by Constitutional benches of this Court. 586. We are thus left with no option but to hold that in the facts of the case the death penalty is the only sentence that can be given to the Appellant. We hold accordingly and affirm the convictions and sentences of the Appellant passed by the trial court and affirmed by the High Court. 587. The appeals are accordingly dismissed. CRIMINAL APPEAL No. 1961 of 2011 588. This appeal is filed at the instance of the State of Maharashtra a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the evidence of Naruddin Shaikh is completely unacceptable. The evidences of the other witnesses also do not inspire confidence insofar as these two accused are concerned. 596. The trial court and the High Court have considered the evidences relating to these two accused in far greater detail. Both the courts have analysed the prosecution evidence in regard to the two accused at great length and have given very good reasons to hold the prosecution evidence unworthy of reliance to hold such grave charges against the two accused. We are in full agreement with the reasons assigned by the trial court and the High Court for acquitting the two accused of all the charges. The view taken by the trial court and the High Court is not only correct but on the facts of the case, that is the only possible view. 597. We find no merit in the appeal and it is, accordingly, dismissed. TRANSFER PETITION (CRIMINAL) No. 30 of 2012 598. In view of the Judgment in Criminal Appeal Nos. 1899-1900 of 2011, the Transfer Petition does not survive and it is, accordingly, dismissed. THE POSTSCRIPT 599. The decision in the appeal is over. But there are still a few things for us to say before we finally ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t sympathies to them for their injuries. We compliment all those who showed great presence of mind and professionalism and, caring little for their own safety, saved countless lives or photographed the terrorists on their killing spree thus providing unimpeachable evidence for the court. We mourn the death of 148 civilians, both Indians and foreign nationals, who fell victim to the orgy of terror unleashed on the city, and extend our heart-felt condolences to their families. We also extend our deepest sympathies to all the 238 people who suffered injuries at the hands of the terrorists. We also greatly complement the resilient spirit of Mumbai that, to all outward appearances, recovered from the blow very quickly and was back to business as usual in no time. 603. In the course of hearing of the appeal we also came to know the trial Judge Shri Tahiliani. From the records of the case he appears to be a stern, no-nonsense person. But he is a true flag bearer of the rule of law in this country. The manner in which he conducted the trial proceedings and maintained the record is exemplary. We seriously recommend that the trial court records of this case be included in the curriculum of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n Indian 37 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 M.V. Anish Civilian Indian 49 Upendra Birju Yadav Civilian Indian 50 Unknown Male person Civilian Indian 51 Poonam Bharat Navadia Civilian Indian 52 Baichan Ramprasad Gupta Civilian Indian 53 Nathuni Parshuram Yadav Civilian Indian CAMA-IN 54 Prakash Pandurang More Police (Sub-Inspector) Indian 55 Vijay Madhukar Khandekar Police (Constable) Indian 56 Baban Balu Ughade Civilian Indian 57 Bhanu Devu Narkar Civilian Indian 58 Thakur Budha Waghela Civilian Indian 59 Bhagan Gangaram Shinde Civilian Indian 60 Shivashankar Nirant Gupta Civilian Indian CAMA-OUT 61 Hemant Kamlakar Karkare Police (Joint Commissioner, ATS) India ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tin Markell Civilian Australian 108 Chaitilal Gunish Civilian Mauritius 109 Willem Jan Berbaers Civilian Belgium 110 Nitisingh Karamveer Kang Civilian Indian 111 Samarveer Singh Karamveer Singh Kang Civilian Indian 112 Udaysingh Karamveer Singh Kang Civilian Indian 113 Sabina Saigal Saikia Civilian Indian 114 Hemlata Kashi Pillai Civilian Malaysian 115 Rajiv Omprakash Sarswat Civilian Indian 116 Gutam Devsingh Gosai Civilian Indian 117 Rajan Eshwar Kamble Civilian Indian 118 Burki Ralph Rainer Jachim Civilian German 119 Hemant Pravin Talim Civilian Indian 120 Shoeb Ahmed Shaikh Civilian Indian 121 Michael Stuart Moss Civilian British 122 Elizabeth Russell Civilian Canadian NARIMAN HOUSE 123 Salim Hussain Harharwala Civilian Indian 124 Mehzabin @ Maria Salim Harharwala Civilian Indian 125 Rivka Gavriel Holtzberg Civilian Israeli 126 Rabbi Gavriel Noach Holtzberg Civilian Israeli 127 Gajendra Singh Security Force Indian 128 Ben Zion Chroman Civilian Israeli 129 Norma Shvarzblat Robinovich Civilian Mexican 130 Rajendrakumar Baburam Sharma Civilian Indian 131 Yokevet Mosho Orpaz Civilian ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Jawahar Laldev Civilian Indian 15 Shabir Abdul Salam Dalal Civilian Indian 16 Laxman Shivaji Hundkeri Civilian Indian 17 Akshay Tanaji Supekar Civilian Indian 18 Nimba Shampuri Gosavi Civilian Indian 19 Mahadev Datta Petkar Civilian Indian 20 Santoshkumar Faujdarsing Yadav Civilian Indian 21 Miraj Alam Ali Mulla Ansari Civilian Indian 22 Abdul Rashid Abdul Aziz Civilian Indian 23 Abdul Salam Shaikh S. Qureshi Civilian Indian 24 Akhilesh Dyanu Yadav Civilian Indian 25 Ramzan Sahrif Kadar Sharif Civilian Indian 26 Mohd. 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 Dadarao Rambhoji Jadhav Civilian Indian 38 Suryabhan Sampat Gupta Civilian Indian 39 Jagendrakumar Kailashkumar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vilian Indian 89 Laji Jagganath Pandye Civilian Indian 90 Sanjay Nemchandra 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 101 Ramji Yabad Napit Railway Protection Force (Assistant Sub-Inspector) Indian 102 Vishveshwar Shishupal Pacharane Home Guard Indian 103 Adhikrao Gyanu Kale Government Railway Police (Head Constable) Indian 104 Uttam Vishnu Sasulkar Home Guard Indian 105 Vijaya Ramkomal Kushwah Civilian Indian 106 Bharat Shyam Nawadia Civilian Indian 107 Anilkumar Dyanoji Harkulkar Civilian Indian 108 Sadahiv Chandrakant Kolke Civilian Indian 109 Prashant Purnachandra Das Civilian Indian CAMA-IN 110 Harischandra Sonu Shrivardhankar Civilian Indian 111 Chandrakant Gyand ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Indian 158 Katherin Austin Civilian Australian MAZGAON BLAST 159 Rajendraprasad Ramchandra Maurya Civilian Indian 160 Abdul Salim Shaikh Civilian Indian 161 Shahbaz Juber Khan Civilian Indian 162 Sabira Majid Khan Civilian Indian 163 Sohel Abdul Shaikh Civilian Indian 164 Kabir Bablu Shaikh Civilian Indian 165 Kulsum Babu Shaikh Civilian Indian 166 Jasmin Babu Shaikh Civilian Indian 167 Imran Mohd. Shafi Pathari Civilian Indian 168 Manoharabegum Ali Ahmed Shaikh Civilian Indian 169 Hawa Abdul Salim Shaikh Civilian Indian 170 Sanju Kurshna Ghorpade Civilian Indian 171 Manorabagum Ali Akbar Shaikh Civilian Indian 172 Saiddiqui Firoz Shaikh Civilian Indian 173 Shamin Rauf Shaikh Civilian Indian 174 Rahaman Ali Akbar Shaikh Civilian Indian 175 Heena China Shaikh Civilian Indian 176 Mukhtar Shriniwas Shaikh Civilian Indian 177 Kanhaikumar Harikishor Paswan Civilian Indian HOTEL TAJ 178 Deepak Narsu Dhole Police (Inspector) Indian 179 Samadhan Shankar More State Reserve Police Force Indian 180 Sanjay Uttam Gomase State Reserve Police Force Indian 181 Rafal Godas Civilian Spanish 182 Mari ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ian 233 Appasaheb Maruti Patil Civilian Indian 234 Anil Bhaskar Kolhe State Reserve Police Force Indian 235 Gangaram Suryabhan Borde Civilian Indian 236 Ranjit Jagganath Jadhav State Reserve Police Force Indian 237 Joseph Joy Pultara Civilian Indian 238 Virendra Pitamber Semwal Civilian Indian SCHEDULE II LIST OF ACCUSED PERSONS SR. No. NAME ACCUSED ON TRIAL 1 Mohammad Ajmal Mohammad Amir Kasab @ Abu Mujahid 2 Fahim Arshad Mohammad Yusuf Ansari @ Abu Jarar @ Sakib @ Sahil Pawaskar @ Sameer Shaikh @ Ahmed Hasan 3 Sabauddin Ahmed Shabbir Ahmed Shaikh @ Saba @ Farhan @ Mubbashir @ Babar @ Sameer Singh @ Sanjiv @ Abu-Al-Kasim @ Iftikhar @ Murshad @ Mohammad Shafik @Ajmal Ali ACCUSED WHO DIED IN COMMISSION OF OFFENCE 1 Ismail Khan @Abu Ismail 2 Imran Babar @ Abu Aqsa 3 Nasir @ Abu Umar 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 A ..... X X X X Extracts X X X X X X X X Extracts X X X X
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