Case: Mohmed Amin @ Amin Choteli Rahim Miyan Shaikh and Anr Vs. C.B.I. through its Director

he has to kill someone. He further stated that as per the instructions, he went Madhuban building on his own motorcycle which was handed over to appellant No.A-10 and then he sat on the scooter which was with appellant No.A-6. He has also given minute details of Rauf Valiullah coming out of Madhuban building along with PW 28, his firing three shots at Rauf Valiullah in succession and then escaping with appellant No.A-6 on his scooter. Appellant Nos.A-4 to A-8 and A-10 have also given complete account of their going out of Ahmedabad, staying at different places before return to Ahmedabad and arrest by the police. It is thus clear that in their confessions, appellant Nos.A-4 to A-8 and A-10 have not only disclosed their acquaintance with Abdul Latif and gang and/or Rasool Party and his associates, but given the details of conspiracy hatched by Abdul Latif and gang to eliminate Rauf Valiullah, assignment of this task to Rasool Party, specific instructions given by Rasool Party to them and their individual roles in keeping track on the movement of Rauf Valiullah, pursuing him at different places with a view to kill him, as also the actual murder of Rauf Valiullah on 9.10.1992. Each of the confessing appellant has candidly acknowledged that he acted as per the instructions and directions given by the Rasool Party for achieving the object of killing Rauf Valiullah and how they get in collaboration with each other for accomplishment of the task. Although, appellant No.A-11 has not made confessional statement, his role as a collaborator of Rasool Party and his participation in the conspiracy to kill Rauf Valiullah and as also his role in the actual incident of killing Rauf Valiullah are proved from the confessions of appellant Nos.A-5, A-6, A-7 and A-8 which, as mentioned above are candid and unambiguous. Therefore, keeping in view the provisions of Section 15 of the Act as interpreted by this Court in Gurprit Singhs case, Nalinis case, S.N. Dubes case, Lal Singhs case, Devender Pauls case and Jameel Ahmads case, we hold that the appellants are guilty of offence under Section 302 read with Section 120B IPC and no independent corroboration is required for sustaining their conviction. 57. De-hors the above conclusion, we find that the prosecution has produced sufficient corroborative evidence and the trial Court did not commit any error in relying upon the same to support its conclusion that the appellants are guilty of offence under Section 302 read with Section 120B IPC and other offences. PW 58, Bhagwan Das Lalwani (proprietor of K.P. Auto Consultant), PW 50, Prakash Bhagwan Das Lalwani, PW 53, Naresh Chauhan (RTO Agent), PW 59, Raju Morandani (employee of the RTO agent, Naresh Chauhan), PW 44, Vijay Kumar More (Motor Vehicle Inspector in RTO Office, Ahmedabad) have given detailed account of the purchase of Bajaj Scooter bearing No.GJ-1C-2797 by Abdul Latif under fictitious name of Maksood Ahmed, its registration, which was used by appellant No.A-7 and A-8 as back up party on the date of incident. PW 72, Jayanti Hira Lal Panchal, Police Sub-Inspector had seized scooter No.GJ-1C-2797 on 14.10.1992 of which possession was taken by the CBI on 23.3.1993. PW 111, Mohd. Khan Pathan, who is related to appellant No.A-7, Amin Choteli, has given evidence regarding purchase of four tickets from S.K. Travels for Amin Choteli and his companions for going from Baroda to Bombay. PW 112, Sirajuddin Ajimuddin Sheikh is the owner of S.K. Travels from whom PW 111 had purchased four tickets on 10.11.1992. PW 100, S.K. Sakia, the then Deputy Inspector General of Police, CID, Gujarat State furnished details of 14 other cases registered against appellant No.A-4, 3 cases against appellant No.A-5, 1 case against appellant No.A-6, 18 cases against appellant No.A-7, 3 cases against appellant No.A-8, 1 case against appellant No.A-10 and 3 cases against appellant No.A-11. PW 35, Rajni Kant Ganpat Patel, who was employed as peon in Dairy Den India Private Ltd. having office at Madhuban building has stated that on 9.10.1992 he had seen appellant No.A-5 who fled after shooting Rauf Valiullah while the latter was about to sit in the car of PW 28. He has stated that appellant No.A-5, Mohd. Fighter fled away from the spot on the scooter driven by appellant No.A-6. He also identified appellant Nos.A-5 and A-6 in the Test Identification Parade. PW 28, Pradeep Nautamal Dave @ Baka Bhai is the complainant and the eye witness. He gave detailed account of his coming with Rauf Valiullah to the office of Dairy Den India Private Ltd. situated in Madhuban building, handing over of memorandum for the purpose of typing and shooting of Rauf Valiullah while he was sitting on the car. In the Test Identification Parade held on 19.8.1993, he identified appellant No.A-6. PW 29, Raju Bhai Nayak, who was working as a labour at construction site of Western Hotel opposite to Madhuban building stated that he saw firing of bullets by a person who was earlier sitting on the pillion of the scooter and then fleeing away of two persons on the scooter. He also saw that the person with bullet injuries fell down on the ground and was taken to the hospital. PW 11, Parijat N. Damania is the typist to whom Rauf Valiullah had given papers for typing in the office of Dairy Den India Private Ltd. PW-49, Govind Bhai Babu Bhai is the person who sold Bullet Motorcycle No.GAC-6005 to appellant No.A-5 in 1991. He identified appellant No.A-5 in the Court. PW 55, Rajender Singh Prem Singh Chawla, PW 88, Rajesh Rajender Nath Mehta, PW 116, Susharta Dutta, General Secretary of Union Power Lifting Federation have given evidence that appellant No.A-5 was not a member of the power lifting team which visited Durgapur and yet he came to the venue of championship on 14.10.1992. Learned counsel for the appellants could not point out any serious infirmity in the appreciation of the evidence of the afore-mentioned witnesses by the trial Court. 58. In the result, we

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

Explanation:
0[ds]we find that the prosecution has produced sufficient corroborative evidence and the trial Court did not commit any error in relying upon the same to support its conclusion that the appellants are guilty of offence under Section 302 read with Section 120B IPC and other offences. PW 58, Bhagwan Das Lalwani (proprietor of K.P. Auto Consultant), PW 50, Prakash Bhagwan Das Lalwani, PW 53, Naresh Chauhan (RTO Agent), PW 59, Raju Morandani (employee of the RTO agent, Naresh Chauhan), PW 44, Vijay Kumar More (Motor Vehicle Inspector in RTO Office, Ahmedabad) have given detailed account of the purchase of Bajaj Scooter bearing No.GJ-1C-2797 by Abdul Latif under fictitious name of Maksood Ahmed, its registration, which was used by appellant No.A-7 and A-8 as back up party on the date of incident. PW 72, Jayanti Hira Lal Panchal, Police Sub-Inspector had seized scooter No.GJ-1C-2797 on 14.10.1992 of which possession was taken by the CBI on 23.3.1993. PW 111, Mohd. Khan Pathan, who is related to appellant No.A-7, Amin Choteli, has given evidence regarding purchase of four tickets from S.K. Travels for Amin Choteli and his companions for going from Baroda to Bombay. PW 112, Sirajuddin Ajimuddin Sheikh is the owner of S.K. Travels from whom PW 111 had purchased four tickets on 10.11.1992. PW 100, S.K. Sakia, the then Deputy Inspector General of Police, CID, Gujarat State furnished details of 14 other cases registered against appellant No.A-4, 3 cases against appellant No.A-5, 1 case against appellant No.A-6, 18 cases against appellant No.A-7, 3 cases against appellant No.A-8, 1 case against appellant No.A-10 and 3 cases against appellant No.A-11. PW 35, Rajni Kant Ganpat Patel, who was employed as peon in Dairy Den India Private Ltd. having office at Madhuban building has stated that on 9.10.1992 he had seen appellant No.A-5 who fled after shooting Rauf Valiullah while the latter was about to sit in the car of PW 28. He has stated that appellant No.A-5, Mohd. Fighter fled away from the spot on the scooter driven by appellant No.A-6. He also identified appellant Nos.A-5 and A-6 in the Test Identification Parade. PW 28, Pradeep Nautamal Dave @ Baka Bhai is the complainant and the eye witness. He gave detailed account of his coming with Rauf Valiullah to the office of Dairy Den India Private Ltd. situated in Madhuban building, handing over of memorandum for the purpose of typing and shooting of Rauf Valiullah while he was sitting on the car. In the Test Identification Parade held on 19.8.1993, he identified appellant No.A-6. PW 29, Raju Bhai Nayak, who was working as a labour at construction site of Western Hotel opposite to Madhuban building stated that he saw firing of bullets by a person who was earlier sitting on the pillion of the scooter and then fleeing away of two persons on the scooter. He also saw that the person with bullet injuries fell down on the ground and was taken to the hospital. PW 11, Parijat N. Damania is the typist to whom Rauf Valiullah had given papers for typing in the office of Dairy Den India Private Ltd. PW-49, Govind Bhai Babu Bhai is the person who sold Bullet Motorcycle No.GAC-6005 to appellant No.A-5 in 1991. He identified appellant No.A-5 in the Court. PW 55, Rajender Singh Prem Singh Chawla, PW 88, Rajesh Rajender Nath Mehta, PW 116, Susharta Dutta, General Secretary of Union Power Lifting Federation have given evidence that appellant No.A-5 was not a member of the power lifting team which visited Durgapur and yet he came to the venue of championship on 14.10.1992. Learned counsel for the appellants could not point out any serious infirmity in the appreciation of the evidence of the afore-mentioned witnesses by the trial