Case: Yakub Abdul Razak Memon &amp; Others Vs. State Of Maharashtra Through CBI, Mumbai

seized from A-3 on 25.08.1994: (i) Pakistani passport bearing No. AA-763650 dated 12.04.1993 in the name of Akhtar Ahmed Mohd. bearing the photograph of A-3; and (ii) Temporary residential permit issued for Pakistani nationals duly stamped at New Delhi Airport on 25.08.1994 in the name of Akhtar Ahmed Mohd. 23) Exhibit No. 2505 is the seizure memo prepared by PW-674 at the time of arrest of Rubina Suleman Memon (A-8). The following items were seized from A-8 on 25.08.1994: (i) Pakistani passport bearing No. AC 001087 dated 27.04.1994 in the name of Mrs. Mehtab bearing the photograph of A-8; (ii) Pakistani photo identity card bearing No. BQ 526267/509-69-270214 in the name of Mrs. Mehtab dated 29.03.1994 bearing the photo of A-8; and (iii) Temporary residential permit issued for Pakistani nationals duly stamped at New Delhi Airport on 25.08.1994 in the name of Mrs. Mehtab Aftab. 24) It is, therefore, clear that the recovery of Pakistani identity cards and Pakistani passports from the appellants at the time of their arrest at New Delhi Airport clearly prove that the appellants had relocated to Dubai from Bombay just prior to the blasts on 12.03.1993 and, thereafter, to Pakistan. 25) The prosecution also brought to our notice that the conduct of the appellants after the blasts further establishes that the appellants did not intend to co-operate with the investigation authorities in India and instead travelled on a holiday to Bangkok from Karachi which is evident from the passport entries made in Pakistani passports recovered from Yakub Abdul Razak Memon (A-1) at the time of his arrest at New Delhi Railway Station. After travelling to Bangkok, the appellants arrived at New Delhi Airport via Dubai where they were arrested on 25.08.1994 by PW-674. 26) Pakistani passport No. AA-763650 in respect of Akhtar Ahmed Mohd. (A- 3) shows that the said passport holder left Karachi on 16.04.1993 and reached Bangkok on the same day itself. The said passport holder left Bangkok on 27.04.1993. There is no arrival stamp of any country on the said passport. The said passport holder again left Karachi on 17.06.1994 and reached Dubai on the same day. Again, the said passport holder left Dubai on 25.08.1994 and reached India on the same day itself (Exhibit No. 1553). It is clear from the photo on the passport that Akhtar Ahmed Mohd. and Essa @ Anjum Razak Memon (A-3) are one and the same persons. 27) Exhibit No. 1551 is the Pakistani passport No. AA-763654 in respect of Imran Ahmed Mohammed (A-4) which reveals that the said passport holder left Karachi on 17.04.1993 and reached Bangkok on the same day. The said passport holder left Bangkok on 29.04.1993. There is no arrival stamp of any country on the said passport. Again, the said passport holder left Karachi on 20.06.1994 and entered Dubai on the same day. The said passport holder left Dubai on 28.06.1994. There is no arrival stamp of any country on the passport. Again, the said passport holder left Karachi on 25.07.1994 and reached Dubai. The said person left Dubai on 10.08.1994 and re-entered Dubai on 11.08.1994. Again, the said passport holder left Dubai on 25.08.1994 and arrived at New Delhi on the same day. From the Indian Passport of Yusuf Abdul Razak Memon and Pakistani passport in respect of Imran Ahmed Mohd., it is clear that Imran Ahmed Mohd. and Yusuf Abdul Razak Memon are one and the same persons. 28) Exhibit No. 1562 is the Pakistani Passport No. AA-763653 in respect of Mrs. Mehtab Aftab Ahmed (A-8) which shows that Mrs. Mehtab Aftab Ahmed left Karachi on 16.04.1993 and reached Bangkok on the same day. Again, she left Bangkok on 27.04.1993. There is no arrival stamp of any country on the said passport. Pakistani Passport No. AC-001087 in respect of Mrs. Mehtab Aftab Ahmed shows that she left Karachi on 25.07.1994 and entered Dubai on the same day. She left Dubai on 10.08.1994 and entered Dubai on 11.08.1994. Again, she left Dubai on 25.08.1994 and entered India on the same day i.e., 25.08.1994. The said passports show that Rubina Suleman Memon (A-8) and Mrs. Mehtab Aftab Ahmed are one and the same persons. Other evidence against the Appellants Deposition of Rashid Fakir Mohd. Khatri (PW-417) 29) PW-417 was an Accounts Assistant at Memon Mehta Associates, a firm of Chartered Accountants in which Yakub Abdul Razak Memon (A-1) was a partner. He deposed that Essa @ Anjum (A-3) is the brother of A-1 and was looking after the business of M/s Tejarath International in Bombay in 1993. It is pertinent to note here that A-1 was charged and convicted at head secondly for arranging finance from the funds of M/s Tejarath International for achieving the objective to commit terrorist acts. The evidence on record establishes the involvement of Tejarath International in financing the air tickets of several co-accused persons. Deposition of Lakharaju Narsinhasai Rao (PW-672) PW-672 was a police officer. In his deposition dated 20.6.2000, he deposed that he recovered the details of bank accounts of Rubina Suleman Memon (A-8) from the HSBC Bank, Bandra Branch and that of Essa @ Anjum Abdul Razak Memon (A-3) from the Development Co-operative Bank, Mahim Branch. It is pertinent to note here that M/s Tejarath International was also having an account with the Development Co-op. Bank, Mahim. As already discussed above, evidence of PW-417 clearly establishes that A-3 was involved with the management of M/s Tejarath International, a firm whose funds were involved in financing the conspiratorial activities such as booking of air tickets. Appeal by the State of Maharashtra through CBI: Criminal Appeal No. 419 of 2011 The above-said appeal has been filed by the State against acquittal of A-2, A-6, A-7 and A-8 of the charges framed against them. Except A-8, the CBI has not pressed the same against A-2, A-6 and A-7 before this Court, who was acquitted of (i) a part of charge stated in clause (a) at head secondly framed against her and (ii) charge stated in clause (b).

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]6) The involvement of the appellants has been disclosed in the confessional statements of the co-accused. The legality and acceptability of the confessions of the co-accused has already been considered by us in the earlier part of our discussion. The said confessions, insofar as they refer to the appellants (A-3, A-4 and A-8), are summarized hereinbelow: Confessional Statement of Abdul Gani Ismail Turk (A-11)Confessional statement of A-11 under section 15 of TADA has been recorded on 15.04.1993 (22:35 hrs.) and 18.04.1993 (01:15 hrs.) by Shri Prem Krishan Jain, the then DCP, Zone X, Bombay. His confession reveals that on the night of 7th March, 1993, when A-11 went to the house of Tiger Memon at Al-Hussaini building, he (Tiger) was having dinner with Yakub Abdul Razak Memon (A-1),Essa @ Anjum Abdul Razak Memon (A-3)and other members of the Memons familyConfessional Statement of Mohd. Rafiq @ Rafiq Madi Musa Biyariwala (A-46)Confessional statement of A-46 under section 15 of TADA has been recorded on 21.04.1993 (19:00 hrs.) and 22.04.1993 (21:25 hrs.) by Shri Krishan Lal Bishnoi, the then DCP, Zone III, Bombay. The confessional statement of A-46, driver of Tiger Memon, reveals that A-3 used to drive one white Maruti 800 car owned by Tiger MemonConfessional Statement of Nasir Abdul Kadar Kewal @ Nasir Dhakla (A-64)Confessional statement of A-64 under section 15 of TADA has been recorded on 22.01.1995 (21:15 hrs.) and 24.01.1995 (09:15 hrs.) by Shri H C Singh, Suptd. of Police, CBI/SPE/STF, New Delhi. His confession reveals that Tiger Memon and his family members used to reside together at Al- Hussaini building. A-64, in his confession, also stated that Tiger Memon fled away from India with his family before the blasts on 12.03.1993 and that shortly after the blasts, police came to Al-Hussaini building in search of Tiger and his family members7) Apart from the aforesaid evidence, the involvement and the role of the appellants in the conspiracy, as stated above, is disclosed by the deposition of various prosecution witnesses which are as follows:Al-HussainiBuilding:- Place of residence for Memons family: Deposition of Dinkar D. Jadhav (PW-312)At the relevant time, PW-312 was working as a Ward Officer in Bombay Municipal Corporation The relevant material in his evidence is as follows:(i) In the Court, PW-312 identified the Report prepared by him (Exhibit 1190) establishing the ownership of A-8 over Flat No. 25 in Al- Hussaini building at Mahim(ii) PW-312 also described about the said Report (Exhibit 1190) which was prepared by him after scrutinizing the property records establishing A- 8 as the owner of the abovementioned flat at Al-Hussaini building. Deposition of Wahid Karim Shaikh (PW-87)The following facts emerge from the deposition of PW-87 dated 04.08.1996:(i) PW-87, who repairs cycles for a living, was formerly a driver of Razak Memon(ii) Memons including A-3, A-4 and daughter-in-law of Razak Memon used to reside at Al-Hussaini building. PW-87 stated as under:3. Razak Memon was residing at the said place along with his family members. The said members of his family were his wife, his daughter-in-law and his sons, namely:Anjumbhai (A-3), Yusufbhai (A-4), Yakubbhai (A-1) and Ayubbhai (AA)Essa @ Anjum Abdul Razak Memon (A-3)was having a small white colored Maruti car, a small blue Maruti Car, a red coloured Maruti 1000 and a red coloured Maruti van12) The investigation into the role of the appellants can be said to have begun with the recovery of Maruti Van bearing number MFC 1972 near the gate of Siemens factory at Worli. This car was abandoned by the conspirators, viz., PW-2, A-57, Javed Chikna, Bashir Khan and Babloo when they were on their way to the Bombay Municipal Corporation Office on 12.03.1993. The statement of PW 2 reveals that while they were on their way, they spotted a live detonator in the Van which exploded as soon as it was thrown outside the Van. This explosion scared the conspirators and they abandoned the Van near the gate of Siemens factory at Worli. This Van was then spotted by the Security Guards of the factory and was reported to the police and several items were recovered from the Van including its registration documents. This ultimately led the police to the flat of Rubina Suleman Memon (A-8), owner of the said Van, at Al-Hussaini buildingExhibit Nos. 1292 and 1292-A are the true copies of the Register maintained by RTO in respect of Maruti vehicle bearing number MFC 1972. The said Exhibits clearly show that Rubina Suleman Memon (A-8), resident of Al- Hussaini building, is the owner of the said Maruti car. Deposition of Waman Ramchandra Kulkarni (PW-662)PW-662, in his deposition dated 03.05.2000, reveals that he wrote a letter to the RTO dated 23.07.1993 (Exhibit 2433) seeking information in respect of the ownership of several vehicles including vehicle number MFC 1972, which was abandoned by accused persons and was seized by the police on 12.03.1993 outside the Siemens Factory14) The recoveries made from the Maruti Van bearing No. MFC 1972 were forwarded to the Chemical Analyser vide forwarding letter Exhibit 2439 who confirmed in his report (Exhibit 2439-A) the presence of hand grenades amongst the recovered items. Similarly, his report dated 21.04.1993, Exhibit No. 2440-A also confirmed one Chinese Type 56-1 assault rifle and cartridges which were recovered from the said Maruti Van on 12.03.1993. Further, FSL Report (Exhibit No. 2440-C) clearly reveals that the name WAH NOBLE (PVT.) LTD. WAH CANTT. was inscribed on the cardboard boxes recovered at Al-Hussaini. Francis Xavier Xaxa (PW-435), an Indian national, working with the Ministry of External Affairs and attached with the Indian Consulate at Islamabad until 1995, has stated that a company by name Wah Noble (Pvt.) Limited is listed as a manufacturer of explosives in the directory compiled by the Rawalpindi Chamber of Commerce and Industry with its office at Wah Cantt., Pakistan. It is, therefore, clear that the accused persons were carrying hand grenades, cartridges and assault rifles in the Maruti van owned by Rubina Suleman Memon (A-8) on 12.03.1993.We are in agreement with the said conclusionRecoveries from Al-Hussaini building after the blasts16) The abandoned Maruti car bearing number MFC 1972 which was recovered from outside the gate of Siemens factory at Worli on 12.03.1993 led the police to the flat of Rubina Suleman Memon (A-8) at Al-Hussaini building since the car belonged to her. The Police officials also inspected Flat Nos. 26 and 22 at Al-Hussaini building and recovered several articles including Rs. 4 lacs in cash, jewellery, slippers, carpet pieces with traces of RDX and keys to the abandoned scooter containing explosives found at Naigaon cross road vide panchnama Exhibit No. 337 in the presence of panch witnesses, viz., Uday Narayan Vasaikar (PW-67) and Sambaji Damodar SawantThe evidence of PW-67, therefore, corroborates with the evidence of Police Officer Pharande and the spot panchnama Exhibit No. 337 in material terms and, specifically, insofar as recording of recoveries made is concerned. Deposition of Homi Sorabji Irani (PW-553)PW-553 was in-charge of the investigation regarding the scooter recovered at Naigaon cross road containing explosives. On 03.07.1993, PW- 553 handed over the keys of the scooter recovered from Al-Hussaini building to PW-546 for verificationPW-546, a police officer, verified on 03.07.1993 that the keys recovered from Flat No. 22 at Al-Hussaini building could be applied to the abandoned scooter seized by the police bearing number MH-04-Z-261 from Naigaon cross road containing explosives and prepared a panchnama being Exhibit No. 363 recording the same. Shaikh Sharfu (PW-69) was the scooter mechanic who applied the keys to the scooter in the presence of panch witness Mohd. Hussain Noor (PW-68)Deposition of Nitin Narayan Mehar (PW-47)18) PW-47 was the panch witness to the recoveries made from the garage allotted to Flat No. 26 of the said building on 13.03.1993 and recorded the recovery of a safe marked as Article 113 in the spot panchnama marked as Exhibit No. 192 On 15.03.1993, the safe was opened and watches worth Rs. 2,00,000/-, jewellery and ornaments worth Rs. 41,00,000/- and cash were recovered and the recoveries were recorded in a panchnama marked as Exhibit No. 193Deposition of Ganesh Shankar Rao (PW-48)PW-48 was a jeweller by profession and was called to Mahim police station on 15.03.1993 to examine the jewellery and the ornaments recovered from the safe (Article 113) found in the garage of Flat No. 26 of Al-Hussaini building on 13.03.1993. Duttanad Ramkrishna Ravankar (PW-49), a goldsmith by profession, was also called to the Mahim police station on 15.03.1993 to examine the gold ornaments and the jewellery found in the steel safe recovered from the garage at Al-Hussaini building. Khalid Salam Arab (PW- 40) was the key maker who made the keys to open the steel safe at Mahim police station on 15.03.1993. It is, therefore, clear that the evidence of PWs-48, 49 and 50 corroborates with the evidence recorded in panchnama Exhibit No. 193 insofar as opening of the steel safe and recovery of valuables therein is concernedPW-52 was a resident of Al-Hussaini building in March 1993 and agreed to act as a panch witness in respect of the items recovered from the compound of the said building on 21.03.1993. He deposed as under:- (i) The recovered items included 31 gunny sack pieces, 25 folded cardboard boxes having marking of Packric Packages Ltd. – Lahore Containers, 34 oil stained white clothes and some plastic bags. (ii) He further deposed that the recoveries were recorded in a panchnama marked as Exhibit No. 214The evidence of PW-52, therefore, corroborates with the evidence of PW-555 and the panchnama Exhibit No. 21419) The prosecution submitted that the recoveries made from the flats and garages of the Memons at Al-Hussaini building establish that the said building was the nucleus of the criminal conspiracy to carry out explosions in Bombay on 12.03.1993 and for several months, since December 1992, meetings were held to prepare plans and hold discussions and lastly to fill RDX in vehicles, which were eventually used as bombs. It is further clear that the Memons including A-3, A-4 and A-8, used to reside together in Flat Nos. 22, 25 and 26 at Al-Hussaini building and were present when several conspiratorial meetings took place in the said flats. It is, therefore, clear that A-3, A-4 and A-8 knew about the conspiracy and facilitated the commission of acts pursuant to the said conspiracy. Arrest of the Appellants(ii) PW-674, thereafter, arrested the family members who arrived at New Delhi Airport on 25.08.1974 at 1100 hrs. He arrested the family members including A-3, A-4 and A-821) Exhibit No. 2500 is the seizure memo prepared by PW-674 at the time of arrest of A-4. The following items were seized from A-4 on 25.08.1994: (i) Pakistani passport bearing No. AA 763654 dated 12.04.1993 issued in the name of Imran Ahmed Mohd. bearing the photograph of(ii) Pakistani photo identity card bearing No. AZ 021271510-91-224164 in the name of Imran Ahmed Mohd. bearing the photo of A-4; and (iii) Temporary residential permit issued for Pakistani nationals duly stamped at New Delhi Airport on 25.08.1994 in the name of Imran Ahmed Mohd22) Exhibit No. 2501 is the seizure memo prepared by PW-674 at the time of arrest of Essa Abdul Razak Memon (A-3). The following items were seized from A-3 on 25.08.1994:(i) Pakistani passport bearing No. AA-763650 dated 12.04.1993 in the name of Akhtar Ahmed Mohd. bearing the photograph of A-3; and(ii) Temporary residential permit issued for Pakistani nationals duly stamped at New Delhi Airport on 25.08.1994 in the name of Akhtar Ahmed Mohd23) Exhibit No. 2505 is the seizure memo prepared by PW-674 at the time of arrest of Rubina Suleman Memon (A-8). The following items were seized from A-8 on 25.08.1994:(i) Pakistani passport bearing No. AC 001087 dated 27.04.1994 in the name of Mrs. Mehtab bearing the photograph of A-8;(ii) Pakistani photo identity card bearing No. BQ 526267/509-69-270214 in the name of Mrs. Mehtab dated 29.03.1994 bearing the photo of A-8; and(iii) Temporary residential permit issued for Pakistani nationals duly stamped at New Delhi Airport on 25.08.1994 in the name of Mrs. Mehtab Aftab24) It is, therefore, clear that the recovery of Pakistani identity cards and Pakistani passports from the appellants at the time of their arrest at New Delhi Airport clearly prove that the appellants had relocated to Dubai from Bombay just prior to the blasts on 12.03.1993 and, thereafter, to Pakistan25) The prosecution also brought to our notice that the conduct of the appellants after the blasts further establishes that the appellants did not intend to co-operate with the investigation authorities in India and instead travelled on a holiday to Bangkok from Karachi which is evident from the passport entries made in Pakistani passports recovered from Yakub Abdul Razak Memon (A-1) at the time of his arrest at New Delhi Railway Station. After travelling to Bangkok, the appellants arrived at New Delhi Airport via Dubai where they were arrested on 25.08.1994 by PW-67426) Pakistani passport No. AA-763650 in respect of Akhtar Ahmed Mohd. (A- 3) shows that the said passport holder left Karachi on 16.04.1993 and reached Bangkok on the same day itself. The said passport holder left Bangkok on 27.04.1993. There is no arrival stamp of any country on the said passport. The said passport holder again left Karachi on 17.06.1994 and reached Dubai on the same day. Again, the said passport holder left Dubai on 25.08.1994 and reached India on the same day itself (Exhibit No. 1553). It is clear from the photo on the passport that Akhtar Ahmed Mohd. and Essa @ Anjum Razak Memon (A-3) are one and the same persons27) Exhibit No. 1551 is the Pakistani passport No. AA-763654 in respect of Imran Ahmed Mohammed (A-4) which reveals that the said passport holder left Karachi on 17.04.1993 and reached Bangkok on the same day. The said passport holder left Bangkok on 29.04.1993. There is no arrival stamp of any country on the said passport. Again, the said passport holder left Karachi on 20.06.1994 and entered Dubai on the same day. The said passport holder left Dubai on 28.06.1994. There is no arrival stamp of any country on the passport. Again, the said passport holder left Karachi on 25.07.1994 and reached Dubai. The said person left Dubai on 10.08.1994 and re-entered Dubai on 11.08.1994. Again, the said passport holder left Dubai on 25.08.1994 and arrived at New Delhi on the same day. From the Indian Passport of Yusuf Abdul Razak Memon and Pakistani passport in respect of Imran Ahmed Mohd., it is clear that Imran Ahmed Mohd. and Yusuf Abdul Razak Memon are one and the same persons28) Exhibit No. 1562 is the Pakistani Passport No. AA-763653 in respect of Mrs. Mehtab Aftab Ahmed (A-8) which shows that Mrs. Mehtab Aftab Ahmed left Karachi on 16.04.1993 and reached Bangkok on the same day. Again, she left Bangkok on 27.04.1993. There is no arrival stamp of any country on the said passport. Pakistani Passport No. AC-001087 in respect of Mrs. Mehtab Aftab Ahmed shows that she left Karachi on 25.07.1994 and entered Dubai on the same day. She left Dubai on 10.08.1994 and entered Dubai on 11.08.1994. Again, she left Dubai on 25.08.1994 and entered India on the same day i.e., 25.08.1994. The said passports show that Rubina Suleman Memon (A-8) and Mrs. Mehtab Aftab Ahmed are one and the same persons. Other evidence against the AppellantsDeposition of Rashid Fakir Mohd. Khatri (PW-417)29) PW-417 was an Accounts Assistant at Memon Mehta Associates, a firm of Chartered Accountants in which Yakub Abdul Razak Memon (A-1) was a partner. He deposed that Essa @ Anjum (A-3) is the brother of A-1 and was looking after the business of M/s Tejarath International in Bombay in 1993It is pertinent to note here that A-1 was charged and convicted at head secondly for arranging finance from the funds of M/s Tejarath International for achieving the objective to commit terrorist acts. The evidence on record establishes the involvement of Tejarath International in financing the air tickets of several co-accused personsIt is pertinent to note here that M/s Tejarath International was also having an account with the Development Co-op. Bank, Mahim. As already discussed above, evidence of PW-417 clearly establishes that A-3 was involved with the management of M/s Tejarath International, a firm whose funds were involved in financing the conspiratorial activities such as booking of air ticketsAfter careful examination of all the materials placed, we are of the view that in the absence of any positive evidence, A-8 cannot be convicted for the acts done and mentioned hereinabove (part of charge mentioned at head secondly) and the Designated Court has rightly acquitted her for the same. In the light of the above, the appeal of the State is liable to be dismissed31) The Designated Court has considered all the abovesaid factors in respect of the appellants. The evidence on record establishes that the A-8 was aware that the vehicle owned by her (i.e. MFC 1972) was being used for terrorist acts by Tiger Memon and his associates. It is further established that Flat Nos. 22, 25 and 26 at Al-Hussaini building, where members of the Memons family resided jointly, were the nucleus of the criminal conspiracy as they were the locations where Tiger Memon and Yakub Memon met with several other co-accused persons during the period of the conspiracy. Further, the arms and explosives smuggled into India for the purpose of the conspiracy were also kept at the said building and lastly RDX was filled in the vehicles in and outside the garages allocated to the Memons at Al- Hussaini building which were used/planted as bombs at various places on 12.03.1993 by all the conspirators32) Further, it is pertinent to note here that the evidence on record reveals that the Maruti car used by A-3 was:(a) driven by several co-accused persons including A-15, A-46 and A-11 to the landing point at Shekhadi from Bombay for landing of weapons in February, 1993;(b) loaded with RDX on the night of 11.03.1993 at Al-Hussaini Building; and(c) parked on 12.03.1993 at the Lucky Petrol Pump by A-16 and PW-2 near Shiv Sena Bhawan which exploded killing 4 persons and injuring 38 others. The above mentioned evidence establishes that the white car driven by A-3 was used for terrorist activities by Tiger Memon and other co-accused persons33) Further, A-3, A-4, and A-8 resided jointly at these flats where Tiger Memon, Yakub Memon (A-1) and their associates hatched the criminal conspiracy to carry out multiple explosions in Bombay. The conduct of the appellants in not reporting any of these activities to the police and the fact that A-3 and A-4 departed from India on 11.03.1993 in itself is an incriminating circumstance to be used against the appellants. None of the appellants responded to the proclamation requiring presence issued by the Designated Court, which was given wide publicity34) The evidence on record establishes that the appellants facilitated the commission of terrorist acts as defined in Section 3(1) of TADA by conniving with Tiger Memon and his associates and permitting them to use their flats and vehicles for the purposes of criminal conspiracy. The actions of the appellants squarely fall within Section 3(3) of TADA insofar as the appellants have facilitated and abetted the conduct of terrorist acts by Tiger Memon and his associates36) After the blasts, the Memons fled to Pakistan from Dubai and there is evidence that in Pakistan they had obtained Pakistani Passports and National Identity Cards in assumed names. The Memons and their family members were leading a comfortable and luxurious life after the blasts. They had acquired properties, started business in the name and style of M/s Home Land Builders, acquired fictitious qualification certificates, driving licences, etc, all of which established that they had chosen a comfortable life in Pakistan and were determined not to return to India in their original identity. The above-said facts clearly establish that the members of Memons family were connected with the Bombay Bomb Blasts37) All the members of Memons family were declared Proclaimed Offenders by the Designated Court, Bombay. The rewards were also declared in Indian as well as in foreign currency for their arrest. Despite that, they did not surrender. Instead, the Memons travelled to Bangkok and Singapore from Karachi for holiday in assumed names on Pakistani Passports during April, 1993. They have not taken any steps to surrender before Indian Authorities or Thailand Authorities on their arrival to Bangkok and Singapore after having come to know about the blasts engineered by Tiger Memon nor made any attempt to return to India openly if they had felt that bomb blasts are offences committed in India. This conduct clearly establishes that they were aware of the blasts that were engineered by Tiger Memon who was living with them right from the time of blasts, i.e., 12th March 1993, in Dubai, Pakistan and other places. Their documents for travel to Bangkok and Singapore from Karachi show that they have travelled on Pakistani Passports using fake names. This conduct also establishes their culpability. It is also in evidence that huge amount of jewellery and cash which was abandoned by the members of Memons family was recovered from the Al-Hussaini building when they hurriedly left Bombay just before the blasts. This is also a proof that all the Memons were fully aware of the blasts and their conduct in fleeing away very clearly establishes that they were aware of the blasts and association of Tiger Memon with the blasts38) In view of the materials placed on record by the prosecution and the ultimate analysis of the Designated Court, we fully agree with the conviction and sentence imposed upon the appellants, consequently, the appeals filed by the appellants are liable to be dismissed44) Confessional statement of A-11 under Section 15 of TADA has been recorded on 15.04.1993 and 18.04.1993 by Shri Prem Krishna Jain (PW-189), the then DCP, Zone X, Bombay. The said confession reveals as under: (i) The appellant (A-54) was present in the house of Mobina (A-96) along with Tiger Memon, Javed Chikna and other co-conspirators. (ii) The appellant (A-54) took weapons training which was imparted by Tiger MemonConfessional Statement of Bashir Ahmed Usman Gani Khairulla (A-13)Confessional statement of A-13 under Section 15 of TADA has been recorded on 16.05.1993 (10:30 hrs.) and 18.05.1993 (17:15 hrs.) by Shri Krishan Lal Bishnoi (PW-193), the then D.C.P. Zone III, Bombay. The said confession reveals as under:(i) The appellant (A-54), along with co-accused persons, was present on the 7th floor of a building behind Bhabha Hospital(ii) The appellant (A-54), on the instructions of Tiger Memon, administered oath to other co-accused persons that they will combat Jehad and will not disclose anything to anybody(iii) The appellant (A-54) attended training in handling of arms and ammunitions imparted by Tiger Memon(iv) The appellant (A-54) was present at the residence of Tiger Memon on 11.03.1993 around 11 p.mConfessional Statement of Mohd. Iqbal Mohd. Yusuf Shaikh (A-23)Confessional statement of A-23 under Section 15 of TADA has been recorded on 20.05.1993 (1000 hrs.) and 22.05.1993 (10:00 hrs.) by Shri Krishan Lal Bishnoi (PW-193), the then DCP, Zone III, Bombay. A-23 made the following references with regard to the appellant in his confession:(i) The appellant (A-54), along with co-accused persons, was present on the 7th floor of a building behind Bhabha Hospital(ii) The appellant (A-54), along with other co-accused persons, was administered oath by Tiger Memon that they will combat Jehad(iii) The appellant (A-54), along with other co-accused persons, participated in the training of arms and ammunitions and explosives imparted by Tiger Memon(iv) The appellant (A-54), along with other co-accused persons, was present in a meeting held at a flat in Bandra where Tiger Memon held discussions45) A perusal of the confessional statements of all the above accused, viz., A-11, A-13, A-23, A-29, A-32, A-44, A-49, A-57, A-98 and A-100 clearly establish the fact that it corroborate with each other in material particulars with regard to the involvement of the appellant. After consideration of all the abovesaid confessional statements of the co- accused, the involvement of the appellant in the conspiracy is established inasmuch as:–(i) The appellant participated in the training in handling of arms and ammunitions and explosives at Borghat and Sandheri along with Tiger Memon and other co-conspirators;(ii) The appellant attended conspiratorial meetings wherein plans were chalked out to commit terrorist acts;(iii) The appellant surveyed and conducted reconnaissance of the Stock Exchange Building and BMC building for causing explosions along with A- 44, PW-2 and Javed Chikna (AA);(iv) The appellant was present at Al-Hussaini building at the time when loading of explosives like RDX fitted with time device detonators in various vehicles was being done in the intervening night of 11/12.03.1993;(v) The appellant was closely associated with Tiger Memon and on being asked by him, A-54 administered oath to other co-accused persons;(vi) The appellant also took oath to take part in Jehad;(vii) There was a close link between the appellant and Javed Chikna (AA), who had played a crucial and pivotal role in achieving the object of the conspiracy;(viii) The appellant was fully aware and conscious of the fact that he was waging Jehad and taking and administering of oath by him shows his intent and determination to cause damage and destruction; and (ix) The appellant was fully aware and conscious of the consequences of his actions, and accordingly, played an important role in the entire conspiracy46) Apart from the aforesaid evidence, the involvement and role of the appellant in the conspiracy, as stated above, is disclosed by the deposition of various prosecution witnesses which are as under: Deposition of Mohd. Usman Jan Khan (PW-2)After going through his entire evidence, we summarize his evidence with reference to the appellant (A-54) as under:(i) He knows the appellant as Sardar;(ii) He identified the appellant before the Court during dock proceedings;(iii) He deposed that the appellant, along with other co-accused persons, was involved in planning, conspiring and training;(iv) He deposed that on 04.03.1993, at Taj Mahal Hotel, Tiger Memon asked PW-2, Bashir, Javed Chikna to survey BMC building along with the appellant(v) On 05.03.1993, Bashir Khan administered oath to the accused that whatever they will do, will do for Islam and take revenge(vi) The appellant readily agreed to take revenge and offered to go to Pakistan for training;(vii) PW-2, along with other co-accused, went to the house of the appellant;(viii) On 07.03.1993, A-54 attended the meeting held by Tiger Memon at the residence of Shakil in which Tiger Memon organized separate groups;