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3. On 8th July, 1993, A14 Hyder Ali (posing himself to be Ravi) and A15 Imam Ali (posing himself to be Sivakumar) visited Vadacherry (located in the outskirts of Vaniyambadi-Vellore District, Tamil Nadu) with the intention of causing bomb blasts at a public meeting addressed by one of the Hindu Munnani leaders Sridhar (PW 118). However they could not execute their plan since the meeting was over by the time they reached Vadacherry and the bomb remained unused. However they met Sridhar and after introducing themselves as Ravi and Sivakumar, expressed their desire to meet him at Chennai. The unused bomb was dismantled and kept in the house of A18 Mushtaq Ahmed at Jaffarbad in Vaniyambadi which is nearer to Vadacherry. Afterwards the duo returned to Chennai. On 29th July, 1993, A5 Abubucker Siddique, A14 Hyder Ali, A15 Imam Ali and A17 Kaja Nizamuddin went to a house in Porur and ordered a remote control device. Thereafter they went to the house of A18 Mushtaq Ahmed (absconding accused) at Jaffarabad. Together all the aforesaid accused went to Gudiyatham and purchased gelatin and detonators and brought it to the house of A18 Mushtaq Ahmed. It is further the case of the prosecution that A15 Imam Ali conducted a trial blast at the house of A18 Mushtaq Ahmed and thereafter left for Chennai on the following day. They collected the remote control ordered earlier from the Porur house and checked the same. They then purchased pen torch cells, one battery box, quartz timer, switch and some other items required for blasting suitcase bomb. On 30th July, 1993 A15 Imam Ali and A17 Kaja Nizamuddin along with A5 Abubucker Siddique and A14 Hyder Ali went to the RSS office Chennai for surveying the place. While A15 Imam Ali and A17 Kaja Nizamuddin were inside the RSS office A5 Abubucker Siddique and A14 Hyder Ali remained outside. A15 and A17 could not meet Sridhar as he was out of office. However they met other office bearers and informed him that they were running a cassette recording company in Alandur, Chennai and made an official entry of an incorrect/ non-existent address in the register kept as a record of visitors to the RSS office. On 6th August, 1993 all the above four accused went to RSS office, Chennai with suitcases containing bombs. On the way, A15 and A17 got down near a temple, applied Vibhooti (white ash) and kum (tilak) on their forehead, stuck photos of Lord Krishna on their suitcases. Again A15 and A17 went inside the RSS office carrying the suitcases containing bombs and A5 and A14 remained outside. A5 and A17 enquired about Sridhar from Shanmugam, a RSS worker. A15 and A17 had also talked to Jawahar, another RSS worker and handed over a letter addressed to Sridhar. Thereafter they came out of the office leaving behind the suitcase bombs and waited for about half an hour at a tea shop. However the bombs did not explode. A15 and A17 went inside and brought the suitcase bombs outside and took it back to the godown of A1 Rafiq Ahmed. On 7th August, 1993, they purchased new battery cells, cells for torch light and plastic covers which do not conduct electricity. These were brought for rectification and then the bombs were again kept ready in both the suitcases. On 8th August, 1993 at about 11-12 am all the above four accused went again with the two suit cases containing the bombs. Again A5 and A14 remained outside, A15 and A17 went inside the RSS office carrying the suitcases the bombs. Inside the RSS office they met PW1 Srinivasan and asked about Sridhar. After that they came out of the building leaving behind the suitcase bombs. At about 1:45 pm there was loud explosions which resulted in the death of 11 persons, injuries to 7 others and also complete demolition of the building.

(iv) On 6th August, 1993, the effort to blow up the RSS Office did not succeed as the bomb did not detonate. In that attempt, A5, Abubucker Siddique and A14, Hyder Ali stood outside the RSS Office. A15, Imam Ali and A17, Kaja Nizamuddin went inside the RSS Office. On 7th August, 1993, both the bombs were brought to the godown of Rafeeq Ahamed, A1. There, the two bombs were repaired. On 8th August, 1993, the same two bombs were again taken to the RSS Headquarters for causing the explosion as narrated above.

9. Mr.P.P.Malhotra, learned senior counsel on the other hand submitted that the terms used by the defence are scientific terms. The accused had merely said that they have purchased explosives. They were not scientists and therefore even if they call the explosives as gelatin instead of RDX would not be fatal to the case of the prosecution. He further submitted that the confessions have to be read from the point of view of a layman. It was also submitted that merely because the prosecution has not been able to prove the source of the bomb making material does not mean bombs were not used or that they were not planted by them. Thus the case of the prosecution as roughly summarized by the learned senior counsel was that there was a conspiracy hatched; bombs were manufactured using explosive substances. These bombs were used to destroy the RSS headquarters. It was further submitted that the prosecution had established that explosives were used, the planting of the bombs were also proved and it was for that reason that the prosecution was not required to prove what kind of explosives were used. It was further submitted that the prosecution case is that the explosive chemicals were used for causing the bomb blast. The confession of A5 and others clearly indicate that explosive substances were procured. Recovery of high explosive chemical PETN was also made form the godown of A1, form the well located in the house of A2 as well as from the grey colour pant of A17 as per recovery mahazars. It is not the prosecution case that only gelatin and detonators were used but the prosecution case is that explosive chemicals were used. On the basis of the confessional statement of A5 some of the sources of explosives and other materials were traced. It was further submitted that PETN which was found from the debris of the bomb blast site was also recovered form the dust sweep collected from the godown of A1 where the bomb was prepared, from the well in the house of A2 as well as from the grey colour pant of A17. As per the expert opinion of Sh. K Sundararajan PW 189, PETN itself is a highly explosive substance and not simply a booster as claimed. It was further submitted that the meeting between Sridhar and A14 & A15 at Vadacherry was confirmed by A15's own letter left at the office of RSS office on 6th August, 1993 and hand writing expert opinion. The visiting card given by Sridhar to A15 on 8th July, 1993 at Vadachery recovered from the residence of A3 Mukhtar Ahmed at Bangalore confirms the connection between A15 and A3. The visit of A15 Imam Ali posing himself as Sivakumar in the RSS office on 30th July, 1993 and the entry made in the register giving false non existing address found to be of his own hand writing corroborates the fact that he visited the RSS office on 30th July, 1993. It was further submitted the accused persons had made an attempt to blast a bomb on 8th July, 1993 at Vadachery but in vain. A5 in his confession statement had indicated that explosives were procured in addition to gelatin and detonators and the same could be RDX/PETN. Merely because the source was not proved it cannot be held that the same were not used considering the fact that traces of RDX/PETN were found in the bodies at the scene of crime. It was further submitted that the contention of the defence was totally fallacious that RDX can be found only in the Indian Military. During the `Bombay Bomb Blast' about 50 kgs of RDX were smuggled to India. Further RDX is also used for selective industrial applications like demolition of structures etc. RDX exists in the form of plasticine putty and it may not leave any trace or residue like a liquid or powder substances as in the case of PETN. According to Mr. Malhotra, the conclusions recorded by the Trial Court are based on the correct analysis of the entire evidence. The conviction recorded against the appellants does not call for any interference.

27. It was vehemently argued before us by Mr. Malhotra that the charge has to be read along with the confessional statements. We may notice an extract of the charge relied upon by him. It reads as follows:

"Fifthly: that you A-1, A-2, A-5, A-5 and A-8 in pursuance of the said criminal conspiracy during the said period and in the course of the same transaction and in the furtherance of the common intention of you A-1, A-2, A-5 and A- 8 and the absconding accused Imam Ali, Hyder Ali and Kaja Nizamuddin to commit murders and cause injuries to RSS and Hindu Munnani leaders and others who were likely to be present on 8.8.93 at about 1.45 pm at the RSS Headquarters building procured explosives and other materials required for preparing the two suitcase-bombs at godown no 21, Subaiah Street, Periamet, Madras belonging to A1......... ......... "