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2. On 5th October, 1993, the CBI filed a consolidated chargesheet against 48 persons in all including the names of Mr. Bala Saheb Thackeray, Mr. Kalyan Singh, Mr. Moreshwar Save, Mr. Champat Rai Bansal, Mr. Satish Pradhan, Mr. Mahant Avaidyanath, Mr. Dharam Das, Mr. Mahant Nritya Gopal Das, Mr. Mahamadleshwar Jagdish Muni, Mr. Ram Bilas Vadanti, Mr. Vaikunth Lal Sharma @ Prem, Mr. Prama Hans Ram Chandra Das, and Dr. Satish Chandra Nagar. It may be stated that owing to the passage of time, four of these are since deceased namely Mr. Bala Saheb Thackeray, Mr. Moreshwar Save, Mr. Mahant Avaidyanath and Mr. Prama Hans Ram Chandra Das. So far as the charge of conspiracy is concerned, the chargesheet records:
The aforesaid acts of Shri Bala Saheb Thackeray, Chief of Shiv Sena, Bombay, Shri L.K. Advani, MP, BJP, presently BJP President, Shri Kalyan Singh, ex-Chief Minister of Uttar Pradesh, Shri Ashok Singhal, General Secretary, VHP, Shri Vinay Katiyar, MP Bajrang Dal, Shri Moreshwar Save, MP, Shiv Sena, Shri Pawan Kumar Pandey, Ex-MLA, Shiv Sena, Shri Brij Bhushan Saran Singh, MP, BJP, Shri Jai Bhagwan Goel, North India Chief, Shiv Sena, Ms. Uma Bharati @ Gajra Singh, MP, BJP, Sadhvi Rithambara, VHP leader, Maharaj Swamy Sakshi, MP, BJP, Shri Satish Pradhan, MP, Shiv Sena, Shiv Sena, Shri Murli Manohar Joshi, Ex-President, BJP, Shri Giriraj Kishore, Joint General Secretary, VBP, Shri Vishnu Hari Dalmia, President, Ram Chandra Khatri, Vice President, Haryana, Shri Sudhir Kakkar, Organising Secretary, Shiv Sena, Punjab, Shri Amarnath Goel, Shiv Sena activist, Shri Santosh Dubey, Leader of Shiv Sena, Ayodhya, Shri Prakash Sharma, Joint Secretary, Bajrang Dal, Shri Jaibhan Singh Paweya, All India General Secretary, Bajrang Dal, Gwalior, Shri Ram Narayan Dass, ex-Pujari of Ram Janam Bhoomi, Shri Ramji Gupta, Supervisor Ram Janam Bhoomi Nyas, Shri Lallu Singh, ex-MLA, BJP, Shri Champat Rai, Joint Zonal Organising Secretary, VHP, Shri Om Prakash Pandey, Hindu activist, Shri Lakshmi Narayan Das, Mahatyagi, Activist, BJP, Shri Vinay Kumar Rai, Hindu activist, Shri Kamlesh Tripathi @ Sait Dubey, Bajrang Das, activist, Shri Gandhi Yadav, BJP activist, Shri Hargovind Singh, Hindu activist, Shri Vijay Bahadur Singh, Chief Security Officer, Shri Krishan Temple, Mathura, UP, Shri Navin Bahi Shukla, Hindu activist, Shri Ramesh Pratap Singh, BJP activist, and Acharya Dharmender Dev, Leader, Bajrang Dal constitutes offences U/s 120-B IPC r/w 153-A, 153-B, 295, 295-A and 505 IPC and substantive offences U/s 153-A, 153-B, 295, 295-A and 505 IPC.
“There seems to be a prima facie case for offences u/s 147/153-A/153- B/295/295-A/505 read with u/s 149 IPC against accused Sri Lal Krishna, Ashok Singh, Vinay Katiyar, Moreshwar Save, Pawan Kumar Pandey, Ms. Sadhvi Ritambhra, Maharaj Swami Sakshi, Murli Manohar Joshi, Giri Raj Kishore and Vishnu Hari Dalmia. Against accused Pawan Kuamr Pandey, Brij Bhushan, Saran Singh, Pawaiya, Dharmendra Singh Gurjar, Ram Narain Das, Lalloo Singh, Om Prakash Pandey, Laxmi Narain Das, Maha Tyagi, Vinay Kumar Rai, Kamlesh Tripathi, Gandhi Yadav, Har Govind Singh, Vijay Bahadur Singh, Navin Bhai Shukla, offences u/s 332/338/2-01 read with Sec.149 of IPC seem to be made out. Offences under Sec.120-B of IPC read with u/s 153-A/153- B/295/295-A/505 of IPC as per evidence produced by the prosecution seem to be made out prima facie against Sri Bala Saheb Thackeray, Lal Krishna Advani, Kalyan Singh, Ashok Singhal, Vinay Katiyar, Moreshwar Save, Pawan Kumar Pandey, Brij Bhushan Saran Singh, Jai Bhagwan Goal, Maharaj Swami Sakshi, Satish Pradhan, Murli Manohar Joshi, Acharya Giriraj Kishore, Vishnu Hari Dalmia, Vinod Kumar Vats, Ram Chandra Khattri, Sudhir Singh Pawauya, Dharmedra Singh Gurjar, Ram Narain Das, Ramji Gupta, Lalloo Singh, Champat Rai Bansal, Om Prakash Pandey, Laxmi Narain Maha Tyagi, Vinay Kumar Rai, Kamlesh Tripathi, Gandhi Yadav, Har Govind Singh, Vijay Bahadur Singh, Navin Bhai Shukla, Ramesh Pratap Singh, Acharya Dharmendra Dev, Ms. Uma Bharti, Ms. Sadhvi Ritambhra.” So far as question of conspiracy u/s 120-B of IPC is concerned in that connection it is not necessary to have proved evidence because a conspiracy is hatched in secrecy and the knowledge of this conspiracy comes to the remaining accused gradually, slowly and this knowledge is discernable from what becomes clear by their speeches and by actions done by them. In regard to criminal conspiracy has been propounded by the Hon’ble Supreme Court in case reported as Kehar Singh Vs. State of Delhi 1988 SCC (Criminal) 711 where under whatever works are of conspiracy is entrusted to a person he does not and a person does not have the knowledge of the work done by another person till that work is not completed. In such a conspiracy all the persons who are connected with it they are held guilty for activities unlawfully done in the cause of the conspiracy because all of them have taken a decision to act in that way as has been propounded by ruling in the following cases.
From the above discussion this conclusion is drawn that in the present case the criminal conspiracy of felling down of the disputed structure of Ram Janam Bhumi/Babri Masjid was commenced by the accused from 1990 and it was completed on 06.12.1992 Sri Lal Krishan Advani and others at different times and at different places made schemes of criminal conspiracy of demolishing the above disputed structure. Hence I find prima facie basis on the strength of evidence to charge accused S/Sri Bala Saheb Thackeray, Lal Krishna Advani, Kalyan Singh, Ashok Singhal, Vinay Katiyar, Moreshwar Save, Pawan Kumar Pandey, Brij Bhushan Saran Singh, Jai Bhagwan Goe, Ms. Uma Bharti, Ms. Sadhwi Ritambhra, Maharaj Sami Sakshi, Murli Manohar Joshi, Giri Raj Kishore Vishnu Hari Dalmia, Champat Rai Bansal, Om Prakash Pandey, Satish Pradhan Mahant Avaidh Nath, Dharam Das, Mahant Nritya Gopal Das, Maha Mandaleshwar Jagdish Muni, Dr. Ram Vilas Vedanti, Baikunth Lal Sharma @ Prem Param Hans Ram Chandra Das, Smt. Vijay Raje Scindia, and Dr. Satish Kumar Nagar for offences u/s 147/153-A/153-B/295-A/505 of IPC read with Sec. 120-B of IPC.”