Date of Order:
6th July 2023
Bench:
HON’BLE MS. JUSTICE INDIRA BANERJEE
HON’BLE MR. JUSTICE SURYA KANT
HON’BLE MR. JUSTICE M.M. SUNDRESH
Parties:
MOHD. NAUSHAD
…APPELLANT(S)
VERSUS
STATE (GOVT. OF NCT OF DELHI) …RESPONDENT(S)
SUBJECT
- Criminal Appeal No. 39/2000 seeks to overturn the Additional Sessions Judge’s decision in Sessions Case No. 462/96, where the judge found the defendant guilty of violating Section 302 of the IPC and further ordered the defendant, Naushad Ali, to serve a life sentence in prison and pay a fine of Rs. 5,000, with an additional four months of RI in default of the fine.
IMPORTANT PROVISIONS
- Section 302 of the Indian Penal Code states death or life imprisonment for murder.
OVERVIEW
- On May 21, 1996, a bomb blast in the Central Market in Lajpat Nagar, New Delhi, resulted in 13 deaths and 38 injuries. PW-21 reported the incident to the police station, leading to the filing of a FIR.
- The Jammu Kashmir Islamic Front claimed responsibility. Investigations led to the discovery of two phone numbers in the Kashmir Valley, registered under Farooq Ahmed Khan's father's name and installed in Farida Dar's house. The accused were arrested and formally arrested by PW-49 Jasbir Malik on May 25, 1996.
- The prosecution claimed that the police obtained a breakthrough with the arrest of A9 Javed on 01.06.1996 in Ahmedabad. Javed made a disclosure statement revealing the stages of explosives importation into India and the names of the mastermind behind the bomb blast.
- The police verified the information from PW-13 Wazid Kasai and his sister Pappi, who partially corroborated A9's statement regarding the handing over of explosive materials to other conspirators.
JUDGEMENT ANALYSIS
- The prosecution has proven the guilt of A3, A5, A6, and A9 in the crime. The question of whether they were part of a conspiracy under Section 120B IPC is answered affirmative. The blast was planned at the behest of A15, who was working under A11’s instructions. The evidence, including A9’s judicial confession, shows that all accused persons were known to each other and participated in an international conspiracy to cause disruptive activities in India.
- A9, A5 - Naza, and A6 - Killey arrived in Delhi on 10.05.1996, carrying a RDX. They prepared a bomb, procured items, stole a car, and made two successful attempts. The police discovered this through pointing out proceedings. The material recovered from A3's residence is the same explosive material used in the Lajpat Nagar bomb blast, as confirmed by CFSL Reports.
- Alleged persons sentenced to life imprisonment without remission for the offence resulting in innocent deaths. Bail bonds are cancelled, and pending applications are disposed of. Accused persons are directed to surrender and surrender.
