Decided on April 04,1983

STATE OF DELHI Respondents


M L.Jain - (1.)Three persons, Mohd Yamin, Allauddin, and Abudl Aziz were tried for offences under Sections 120 B and 436 Indian Penal Code and Sections 4, 5 and 6 of the Explosive Substances Act. The learned Additional Sessions Judge acquitted Allauddin and Abdul Aziz but convicted Mohd. Yamin under Section 4 and 5 of the Explosive Substances Act, 1908, and Section 120, B I P.C. He sentenced him to rigorous imprisonment for ten years and to a fine of Rs.1000.00 in default rigorous imprisonment for one year under Section 4 of the Explosive Substances Act and to rigorous imprisonment for seven years and a find of Rs. 500.00 in default to rigorous imprisonment for six months. He did not award any sentence under Section 120-B. The substantive sentences were directed to run concurrently. Hence, this appeal.
(2.)On 15-9-1980, bomb explosion took place in a room of the mosque Tyabji Maujpur. The explosion attracted the attention of Head Constable Raj Rumar (Public Witness 2), Bhurey Lal (Public Witness 1) and Ram Sarup (Public Witness 3). They went towards the spot and saw accused Mohd. Yamin coming out of the mosque and running away. They followed him. He jumped in a drain but was ultimately nabbed. He was brought back to the mosque. In the debris, one person Sajjauddin was found buried and groaning. He was removed from the debris when SI Balbir Singh (Public Witness 32) arrived from the police station Khazuri Khas accompanied by ASI Balbir Singh, HG Raj Singh and HG Brahmpal. Sajjauddin was unconscious and was sent for medical examination. But he was declared dead on reaching the hospital. On 16-9-1980 Mohd, Yamin was interrogated in the presence of witnesses Surrinder Kumar (PW31) and Chaman Lal SI (Public Witness 37). He disclosed that he had purchased certain materials from one Jagdish Lal of Malhotra Bros, Katra Ishwari Bhavan, and he could point out the said shop. Inspector Barkat Ram (Public Witness 39) on 17-9-1980 and 18-9-1980 in the presence of HG Ram Sarup and SI Girdhari Lal and Sugan Chand (Public Witness 30) took into possession some more material from the damaged room of the mosque showing that bombs were being made therein. On 22-9-1983 accused Mohd. Yamin in the presence of witnesses Sant Singh SI (Public Witness 23) and Raghunandan Singh (Public Witness 36) pointed out the said shop and also another shop opposite the said shop. Jagdish Lal (Public Witness 4) was examined. He proved a voucher, Ex. PG showing sale of 2 kg. of Shora and 1 Kk. Barium Nitrate to Mohd. Yamin on 11-9-1980 and he also stated that 1 K.g. Sulphur of which no voucher was issued, was also sold to Yamin on that day. Abdul Aziz accused is stated to have purchased 18 iron pellets and 2 small kotoris (iron. containers) from Abdul Jamil (Public Witness 29). After the occurreace accused Badul Aziz had met Abdul Zahid (Public Witness 24) and Munna (Public Witness 25) near the dargah near the Oberoi Intercontinental Hotel and had confessed to them that he had supplied Rs. 300.00 in cash and also some materials to Yamin for preparation of bombs for use in riots in Ballimaran and that bomb had exploded in trans Jamuna area in which a colleague of Yamin had died. On 21-9-1980 accused Abdul Aziz was interrogated by Inspector Barket Ram in the presence of Girdhari Lal (Public Witness 33) and he made the disclosure statement that he had purchased iron pellets for Rs 4.50 from a cycle repairman at Shastri Road, Nizamuddin. The accused Abdul Aziz led the police party and in the presence of witnesses Risat Ali (Public Witness 9) and HG Kishan Lal (Public Witness 38) pointed out Abdul Jamil (Public Witness 29) at Shastri Road. The accused Allauddin had also made a confession implicating himself and his co-accused before Salim Mirza (PW 26). Statement of Salim Mirza was recorded under Section 164 Cr.P.C. The property was sent to CFSL and their reports Ex..PZ/17 and PZ/18 proved that the material could be used for preparing several country-made bombs and the deceased had received the injuries while in the process of preparing country-made bombs. The materials were prohibited explosives under the provisions of the Indian Explosives Act.
(3.)Yaminin his statement under Section 313 Cr.P.C. admitted that he had gone to the said mosque at the relevant time to meet the Iman MusthaqAhmed(PWII). As he entered the room of the Imam he had heard the explosion and rushed out of fear. While running he fell into a drain and certain public persons cried thief and caught hold of him and gave him beating. Later on he was falsely implicated in this case. Accused Abdul Aziz in his statement under Section 313 Gr.P.G. denied all the facts appearing against him in the evidence and took up the plea that there is a rivalry and enmity between him and certain Peers of a Dargah located opposite to the Dargah of his mother Fatima Bi with regard to the displaying of hoardings, which the Peers had been demolishing.

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