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Confessional Statement of A-6;

15. A-6 Subhashsingh Thakur was arrested by Delhi Police in the last week of July, 1993 and that his statement was recorded on 6.11.93. In his confessional statement, he has narrated history of his anti social activities in detail. For our purpose, it is necessary to refer to relevant part of shoot out incident at the J.J. Hospital. He stated that he murdered one Paul 'Newman', belonging to Arun Gavli's gang. After the murder he started staying with Sunil Sawan at Kathmandu, Nepal. During that period, he used to often come to Delhi, Gonda and Bombay. When he was in Kathmandu, one Kim Bahadur Thapa, a Corporator (who was his mentor) was killed by members of Chhota Rajan gang. To avenge the killing of Kim Bahadur Thapa, he killed Sanjay Raggad, Diwakar Churi and one Amar Juker, all belonging to Chhota Rajan gang with the help of his associated Brijeshsingh (Absconding accused) and others. It is his say that after previous involvement in murder cases, he was living at Delhi with one Brijeshsingh. Deceased Sunil Sawant Suggested him that since number of days, they have not participated in any 'game' and they should go to Bombay. Thereafter, they came to Bombay and started living in flat in Queens View Apartment near Lido Cinema at Juhu owned by deceased Manish Gangaram Lala. On 11.9.1992 he was informed by Sunil that In J.J. Hospital the killer of brother-n-law of Dawood Ibrahim was admitted and he was required to be murdered. Sunil was taking instructions from Dawood Ibrahim by contacting him on telephone. It is his say that Sunil informed him that everything was set and when they would reach at the hospital, at the point of AK-47 rifle policemen should be asked to raise their hands and thereafter remove the bullets from their rifles and then go in the ward, finish the killers and return. At about 1.00 or 1.30 a.m., Sunil informed Brijeshsingh to go along with some persons of Nazir at J.J. hospital to find out the situation. After one hour he was informed that one police constable was on duty and it would be case to carry out the work. At about 3.30 a.m. on 12.9.1992, he alongwith other persons went to J.J. Hospital. He was having 9mm pistol with magazines. Others were also having loaded pistol or revolver. Pradhan and Brijesh were also having AK-47 rifles with extra magazines. They went in two fiat cars. When they entered the gate, they saw one watchman was standing near the staircase. Najir and his man caught the colour of Ravi Sorte to make a show as if a policeman was talking an accused. On seeing them, the policemen who was on guard only closed the door for entry to the ward. Then Brijeshsingh knocked the door put none opened. At that time, he felt that there was no setting and, therefore, he asked Brijeshsingh that they all should go back. During that time, Brijeshsingh fired three to four times from his AK-47 rifle on the closed door. Again He asked Brijeshsingh to return. Meantime, someone else fired at them from the opposite door. Thereafter, they all moved towards the side from where they were fired. During that time, policemen continued to fire towards them from one door or other and they also retaliated. Thereafter, Brijeshsingh came towards him quickly and told that he has killed all the persons inside the ward and asked them to move from that place. Finally they reached at the house of Najir Jariwala. There they found that Pradhan was having bullet injury in his abdomen and Ravi was injured on his hand. They contacted Chhota Shakeel at Dubai who gave them assurance for arranging a doctor and that he would be giving information to Dawood. After half an hour. Dawood made call and informed that one doctor would be reaching shortly. One doctor thereafter came and gave injections to Pradhan and Ravi. Doctor informed him that treatment to Pradhan is not possible. Doctor also informed on telephone to Chhota Shakeel that Pradhan is required to be operated. Chhota Shakeel thereafter informed that he will send some other doctor. Another doctor came and told that operation of Pradhan is required to be done urgently and he was not having operation accessory. Thereafter, he contacted Kishore-A-7 for making some arrangement and informed him that Pradhan has sustained bullet injury. Thereafter, A-7 informed that Suryarao has left Bhiwandi and would be reaching there within a short time. When Suryarao came alongwith Najir's boy, he introduced himself to Suryarao and told him that due to internal conflict one of his persons has sustained a bullet injury and was required to be taken to hospital immediately. Suryarao enquired where he was to be taken. Then he told Suryarao to take him in Hotel Holiday Inn where a boy named Vijay would meet him to make further arrangement. At about 12.00 noon he received telephone call from Sunil and Pradhan has reached hospital of Dr. Mohan Gedam and Vijay was present there and that in a short while the car would be going back to Hotel Holiday Inn. He telephoned Suryarao (A-2) in Hotel Holiday Inn and asked him to bring back the car to the residence of Najir Jariwala. Suryarao agreed. After sometime, Suryarao came there alongwith Brijeshsingh. He asked Brijeshsingh to leave alongwith one boy of Najir and thereafter he sat in the car alongwith Suryarao. Najir's boy took them near a petrol pump. Suryarao thereafter left the place and they left for the flat of Manishlala. On 14.9.1992, he informed Kishore that he wanted to leave Bombay and whether he could arrange car of Suryarao. Finally, Kishore was asked to come in the car of Suryarao at BSES guest house by 4.00 p.m. In the car of Suryarao, they reached at Sagar Petrol Pump, Vasai. it is his say that finally he reached to Delhi and thereafter went to other places. For the purpose of this appeal, other part of the statement is not required to be narrated.

21. Similarly PW26 Ramesh Shankar Patil, who was armed police constable and Guard to accused no.2, corroborates the prosecution version with regard to travelling of A-2, A-6 and A-7 by Maruti car. It is his say that on 14.9.1992, at 8.30 a.m., he accompanied A-2 Suryarao in a white coloured Maruti bearing No.MH-04_A-5353, being driven by Badruddin Chimkar driver. There was a metallic nameplate of 'President Bhiwandi. Nizampura Municipal Council' affixed on the front side of the car. A-2 directed the driver Badruddin to take the car to Dhamankar Naka at Bhiwandi. When they approached Dhamankar Naka, a person was standing there and A-2 asked him to sit inside. On making enquiry, he came to know that he was Himmatbhai Raval (PW34). A-2 told driver to drive the car towards Bombay via Pipeline. After about 30/35 minutes, after crossing the Mulund Check Naka along the highway, A-2 asked the driver to take right turn. He realised that they were in Ghatkopar locality. When the car entered in the compound, A-2 asked the driver to stop the car. A-2 asked him to wait. A-2 alongwith Himmatbhai went away after 15 minutes came back alongwith one another person. At that time, one NE 118 car was there. A-7 occupied the rear seat of Maruti 1000 car and asked the driver to follow the said NE 118 Car. After some time, both the cars reached a colony, namely Post and Telegraph Employees Colony. After getting down from the car, Himmatbhai and A-2 went in a building nearby and returned after about 15/20 minutes. Thereafter, after driving the car for about 20 minutes, the driver stopped the car and Himmatbhai got down from the car and one person (accused no.4) boarded that car. Then under the guidance of A-4, the car was taken to a place where there was a big garden. There was a gate to the compound. The watchman on duty was wearing uniform having nameplate reading Bombay Suburban Electricity Supply Company (BSES). The car was taken inside the compound, where A-2, A-4 and A-7 got down from the car and he continued to wait near the car. All the three went on the first floor of the building. After half an hour, he alongwith A-7 and driver went to have lunch and thereafter returned to the same place. 10/15 minutes thereafter, A-2 came there accompanied with one more person, who was having a suitcase and a leather bag, which were kept inside the dicky of the car of A-2. Then the said person occupied the rear seat with A-7 and directed the driver to drive the car on the High Way. After 20/25 minutes they reached near the garage on the high way. The car was driven nearby a multi storey building. The car taken inside the compound. Then a tall person (A6) wearing a salvar-Kamij came there. Thereafter, A-6 accompanied them and led the car to Sagar Petrol Pump at Vasai. There one blue colour Maruti 800 car was standing at the petrol pump. In that car one woman, one another person and Himmatbhai Raval were there. Occupants of both the cars got down. A person came there from the petrol pump and led all of them to a first floor room at the petrol pump. He and driver stayed near the car. The remaining person returned to the car after 30/35 minutes. They all boarded their respective cars for going to Shirsat Fata. On the way, they all got down from the cars. Persons got down from the blue Maruti 800 Car and took the seat in the Car MH-04-A-5353, A-6 and A-7 also sat in the same car. He alongwith A-2 and Himmatbhai sat in the blue Maruti 800 car. A-2 drove the blue Maruti car and asked his driver to leave all the occupants of the Car MH-04-A-5353 to Vapi and come back. They came back to Gokul Nagar In Bhiwandi. On 6.9.1993. he was called by the police for test identification parade in the DCB CID Office near Crowford Market at Mumbai. He was shown 10/11 persons in a row. He identified A-4 Anil Amarnath Sharma as the person who had boarded the car near the railway crossing and who had guided the driver to take the car to BSES guest-house. Likewise, on 21.10.1993 he identified A-7 and A-6. In cross-examination, there is nothing which would affect the version given by the witness or which may support the accused.

Brief halt of A2 and others at Bombay Suburban Electricity Supply Company (BSES) Guest House:

27. PW 63 Arvind Pinge was in charge of a BSES guest house. Marol, Andheri. According to him on 12.9.1992, one Felix Alex D'souza, PW 29 (a hostile witness), came to him and told him that the nephew of Union Minister of Energy, Mr. Kalpanath Rai was staying in BSES guest house and he would like to introduce him. He has stated that he had brought him at his residence. PW30 Harry Parasaram was the Deputy General Manager of BSES Guest House in the year 1992. He has stated that they had received a telephone message from Delhi from one S.P. Rai, P.A. of Kalpanath Rai, the then Minister of Energy for booking the accommodation. Later, he came to know that nine guests were staying in two rooms and he had asked who these guests were. Later on, he came to know that the guests were involved in shoot out in the JJ Hospital. PW 31 Aravindam Kunjimani (a hostile witness) was working as a cook in the BSES Guest House. He had shown two rooms to the guests and they stayed in those rooms. He did not identify anyone. This part of the evidence of BSES Guest House is also stated in the confessional statement of Anil Nirbhay Narayan Sharma A-5.

28. PW 18 Prabhakar Durve, the Chief Security Manager Holiday-Inn establishes that room no.315 was occupied by VIP who arrived there on 12.9.1992 at 11.10 a.m., which was in the name of Suryarao and was signed as S. Rao. Departure was shown on the same date. This also corroborates the say of A-2 with regard to their going at BSES Guest House an Hotel Holiday Inn.

Injuries to PW 9 and C.A. Reports

29. Evidence of PW 9 gets further corroboration from Ex.128, which is an entry in the MLC register at Sr. No. 7154 dated 12.9.1992. It shows that a part of the bullet, which was retrieved from the thigh of Vijay Krishna Nagare was put in a bottle and it was handed over to the police. The same was taken to the Forensic Laboratory by PW 40, head constable Suryakant Kupwadekar. Ex.129 is the injury certificate of PW 9, Nagare and Ex. 117 is the Chemical Analyses Report. The result of the analysis also gives the reading that 7.62 mm shot rifle cartridge cases, which were found on the scene of offence are generally fired from either AK 47 rifle of Russain make or chinese version of the same. The two pieces of bullets which were retrieved from the body of the deceased police constable K.G. Bhanawat were sent to the Forensic Laboratory by the Police Surgeon under a covering letter Ex. 97. Ex. 145 is the post mortem notes of the dead body of Shailesh Haldankar. In the Chemical Analyst's report, Ex.147, the bullet retrieved from the right thigh and the left thigh of deceased Shailesh Haldankar have been opined by the chemical analyser to be the fragment of 7.62 mm bullets. The CA Ex. 1 is one 303 rifle which was carried by Nagare and Ex. 3 K is the one 303 inch rifle empty and Ex. 7 is four intact 303 rifle cartridges. These facts show that PW 9 Nagare had fired one bullet from 303 rifle and the other four bullets were intact in the rifle and the result of Analysis shows that Ex. 3K has been fired from Ex. 1 i.e. 303 rifle. These circumstances go to show that PW 9 Nagare did fire one round aiming at Subhashsingh Thakur (A-6) and the circumstances that Shaliesh Haldankar was shot dead from AK 47 rifle is also made out from the CA reports. The Chemical Analyser's report on the X-ray plates is Ex. 122. Ex. Nos. 2A to 2D (CA's exhibit) are consistent with the fire of 7.62 mm rifle bullets. From the CA report, it is evident that the assailants have used 9 mm pistols and AK 47 rifles in the incident. As per the confessional statements of Subhashsingh Thakur, Bachhisingh A-9, Ex. 239 and Prasad Khade A-10, Ex. 237 in all 12 fire arms like AK-47 assault rifles, 9 mm pistols, 32 revolvers, 38 revolvers and also two hand grenades were taken by 10 assailants in the J.J. Hospital.