Holding

Confessional statements recorded under Section 15 of the TADA Act are admissible and can be used against co‑accused even if minor procedural defects exist, provided the court is satisfied of their voluntariness and they are corroborated by other evidence; thus the convictions and sentences are affirmed.

Summary

The Supreme Court upheld the convictions of six accused in a gang‑murder case at Radhika Gymkhana, Ahmedabad, where nine persons were killed on 3 August 1992. The trial court had relied heavily on confessional statements recorded under Section 15 of the TADA Act, along with a dying declaration, witness testimony, and forensic evidence. The appellants argued that the confessions were inadmissible because of procedural defects and lack of corroboration. The Court examined the statutory safeguards of the TADA Act and Rules, held that the statements were voluntary, that any omissions (such as missing certificates) were cured by the officers’ testimony under Section 463 of the CrPC, and that the confessions were corroborated by other material. Consequently, the convictions under IPC 302 r/w 120‑B, the Arms Act, and TADA Section 5, as well as the sentences (including life imprisonment with a minimum of 20 years), were confirmed. The appeals were dismissed.

Issues considered

The admissibility of confessional statements recorded under TADA when certain formalities under Rule 15 are missing.
Whether such confessions can be used as substantive evidence against co‑accused.
The requirement of corroborative evidence for convictions based primarily on confessions.
The admissibility of an incomplete dying declaration.
The propriety of the sentencing imposed by the designated court.

Legislation cited

Arms Acts. 25(1)(c), s. 27
Code of Criminal Procedure, 1973s. 463
Indian Penal Code, 1860s. 120-B, s. 302
Terrorist and Disruptive Activities (Prevention) Act, 1987s. 15, s. 5

Subjects

TADA Actconfessional statementsadmissibilityco‑accusedgang murderarms seizuresentencingprocedural safeguardsdying declarationcorroborative evidence

Judgment

r [2009] 8 S.C.R. 719
-·- -1
AHMED HUSSEIN VALi MOHAMMED SAIYED & ANR. A
' ..
· v.
STATE OF GUJARAT
(Criminal Appeal Nos. 2-5 of 2003)
MAY 12, 2009
8
[K.G. BALAKRISHNAN, CJI. AND P. SATHASIVAM AND
.i i-
J.M: PANCHAL, JJ.]

- PENAL CODE, 1860:
c
Section 320 r/w 120-B - Murder - Conviction and
sentence by designated court relying on confessional
statements, dying declaration and other materials -
Correctness of - Held: Correct - Conviction and sentence
+·
confirmed - TADA Act, Section 5, 15 - Arms Act, Section
D
25(1)(b), 27.

TADA ACT, 1987:

Section 15 - Confession statement under - Recording
of - Procedure and safeguards - Discussed - On facts Held: E
All the confession statements reliable and Designated Court
.. rightly relied on them.
~
SENTENCING:

Principles governing sen_tencing - Discussed - On facts, F
Held: Sentence awarded by Designated Court appropriate -
No ground to modify the same.

The designated court has convicted the accused-
appellants under s.302 r/w 120-8 IPC, Sections 25{1){c) G
of the Arms Act and Section 5 of the TADA Act and
sentenced them under different counts of punishment
including life imprisonment. In the appeal against the
abovesaid order, the main contention was that conviction
719 H
720 SUPREME COURT REPORTS [2009] 8 S.C.R.

A based on confessional statements of the appellants
without any corroborative evidence is not sustainable.

Dismissing the appeals, the Court

HELD:1.1. This Court has carefully perused and
B verified the confessional statemen!s. The perusal of their
statements show that all of them were informed about
the fact that there was no need and compulsion to make
a statement and the same would be used against them
in future in the very same case. It is also clear that all of
C them understood the entire procedure and made
voluntary statement to the competent authority that was
authorized to record their statement. Apart from narrating
the gang rivalry between Hansraj Trivedi and Abdul Latif
in respect of sale of liquor in Ahmedabad city, they also
D highlighted the number of persons involved in the
conspiracy in the murder of Hansraj Trivedi and others.
Most of the accused mentioned the appellants and others
who involved in the conspiracy and the ultimate killing
of Hansraj Trivedi and others. [Para 22] (744-F-H; 745-A-
E C]
1.2. The statements of the appellants/accused
recorded on various dates demonstrate the conspiracy
to eliminate the business rivalry, and killing of other gang
leader, Hansraj Trivedi and others and how they executed
F the same on 03.08.1992 in the premises of Radhika
Gymkhana Club. [Para 23] [745-C-D]

1.3. TADA Act, being a special Act, which permits
recording of confessional statement by a police officer
G not below the rank of Superintendent of Police and the
same is also admissible in evidence. However, it is the
duty of the prosecuting agency and the trial court/special
court to see that strict compliance are adhered to while
recording the confessional statement and relying on the
H same. [Para 24] (745-0-E]
AHMED HUSSEIN VALi MOHAMMED SAIYED & 721
ANR. v. STATE OF GUJARAT
,,''" -\
Kartar Singh vs. State of Punjab, (1994) 3 SCC 569, A '
relied on.

2.1. The confession made by an accused if it is
voluntary and true, then it is admissible against co-
accused as a substantive piece of evidence. It is also
8
clear that while recording confessional statement, if there
; -+ is omission to obtain signature of the accused at the end
of the confession, the same is admissible and the
omission made by the competent officer is curable in view
of the provision contained in Section 463 Cr.P .C. In the
same manner, the Court has held even if there was any
c
omission in respect of the certificate which the competent
officer is required to append under sub-rule (3) at the foot
of the confession, it can be cured as provided under
Section 463 of the Cr.P.C. Such approach is permissible
in view of Section 463 of the Cr.P.C. in regard to the D
omission in recording confession under Section 164
Cr.P.C., the Court has clarified that the same approach
can be adopted in respect of confession recorded under
Section 15 of the TADA Act. It is true that in the case of
confessional statements, though signature of the E
accused and the officer who recorded their statement are
.,. available, the certificate in terms of Rule 15(3) was not
appended. However, as explained in Nalini's case, the
•
officers - PWs 25, 26, 49 & 51 who recorded their
statement deposed before the Court, identified and F
explained the course adopted while recording their
statement as well as contents therein. (Para 26) (747-C-
H; 748-A-C]

2.2. In order to show that the confessional statements
G
of a number of accused persons irrespective of separate
certificate are valid, the prosecution has examined the
respective competent officers who were authorized to
record confessional statements which satisfied sub-rule
(3) of Rule 15. [Para 27] (748-C-D]
H
722 SUPREME COURT REPORTS [2009] 8 S.C.R.

~ . .,
A 2.3. All the recording officers have deposed in the
trial with all the relevant facts and the question of
tampering with the confessional statements can be done
away with accordingly as has been rightly done by the
Designated Court. [Para 34] [753-8-C]
B
2.4. All the confessional statements which have been
considered by the Designated Court to arrive at the
judgment are having similar depiction of facts regarding
gang rivalry between Latirs Gang and Hansraj Trivedi,
. \,

plotting of the criminal conspiracy by the members of
c Latifs gang, the details of the activities made by the Latirs
gang members on 03.08.1992 i.e. the day of commission
of the crime in Radhika Gymkhana, identification of the
name of the accused present or participated at the time
of the commission of the crime, the description of arms
D and cars used in the commission of the crime and how ..
the gang members escaped to Dariyapur after the
occurrence of the crime. There is no striking difference
or discrepancy or ambiguity regarding the depiction of
fact in each of the confessional statements that has been
E considered by the court and they are very much able to
corroborate the confessional statement made by A-27. It
is also to be remembered that all the confessions are
made almost right after the accused got apprehended so ~

the delay in recording the same is quite reasonable. [Para
F 35] [753-C-G]

Kartar Singh vs. State of Punjab, (1994) 3 SCC 569 and
State [through Superintendent of Police, CBI/SIT] vs. Nalini,
(1999) 5 sec 253 - relied on.
G Bharatbhai vs. State of Gujarat, (2002) 8 SCC 447 and
State of Rajasthan v. Ajit singh, (2008) 1 SCC 601, referred
to.

3. According to PW6 after .making the statement
H
AHMED HUSSEIN VALi MOHAMMED SAIYED & 723
ANR. v. STATE OF GUJARAT
..,._ -\ Badshahkhan became unconscious. Though this dying A
declaration is incomplete, it does not reject completely the
idea of the presence of other accused as detailed in the
confessional statements of the accused and thus it does
not negate the admissibility of the confessional
statements. The evidence of PW-6 shows that he had B
recorded the dying declaration as narrated by the
~ deceased. If the prosecution had been out to implicate all
' .. accused falsely in the case, the dying declaration would
have been so recorded. However, the evidence of PW-6
shows that he stopped recording dying declaration as c
soon as he realized that the maker was losing
consciousness. The reliable dying declaration though
incomplete, materially corroborates the confessional
statement made by Accused No.27 and is rightly relied
on by the Designated Court. [Para 37] [755-A-D]
D
4.1.Apart from confessional statement of the
accused, the prosecution had also relied on various other
witnesses and the Designated Court has rightly accepted
the same. [Para 39] [756-B-C]
E
4.2. If one considers the other relevant acceptable
materials coupled with reliable dying declaration
.>/ recorded by PW-6 and recovery of pistol as well as
< revolver and considering the factual aspects of this case,
the objection raised by the appellants with regard to sub- F
rule (5) of Rule 15 is to be rejected. Evidence of PW-53,
PW-54, PW-55, PW-57 and PW-58 clearly prove the
purchase of pistol and revotver by A-28 at Ahmedabad
who in turn supplied the same to Latif and members of
his gang, the recovery of all those weapons were duly
G
identified by the person concerned. Further, A-28
~ purchased the revolver which was used in the
'
1 commission of offence from Keval Kishore Sharma of
Delhi and the same is reflectetl in his confessional
ii statement. Thus the purchase of the weapons and use
H
724 SUPREME COURT REPORTS (2009] 8 S.C.R.

/.- -
A thereof by accused concerned were all duly proved by
the prosecution. [Para 47] [759-C-F]

4.3. Though the complainant was not examined,
however, the prosecution adduced materials in the form
of oral evidence, confessional statements of the accused,
B
documentary evidence, dying declarations and test
identification parade. From the perusal of all the ~

materials, this Court is satisfied that the prosecution has .. '
established the involvement of the accused in the
commission of offence, gang rivalry between Hansraj
c Trivedi and Latif, their conspiracy to eliminate Hansraj
Trivedi, medical evidence connecting the bullet injuries
as cause of death and seizure of two cars used for the
commission of offence. [Para 48] [759-G-H; 760-A-B]

D 4.4. The materials placed by the prosecution clearly
show that there. was a gang rivalry between the Latifs
gang and Hansraj Trivedi. Both the gang leaders with the
group members were engaged in selling liquor in
Ahmadabad city when the same is prohibited. Both the
E groups were also engaged or involved in forcing people
to vacate the plots and kidnapping etc. Prosecution has
also proved that the appellants and the other accused
persons actively participated in conspiring and chalking ...
out the plan to eliminate Hansraj Trivedi and other >

F members of his gang by resorting to firing. By such
arrangement, they committed brutal murder of nine
persons and created a terror in the minds of public in and
around the area. All those actions were highlighted
before the Designated Court and by analyzing each and
every material and considering the totality of all the
G
events, the Court found the appellants herein guilty in
respect of the charges and awarded appropriate +>
punishment. [Para 49] [760-B-E]
"
5. It is expected that the courts would operate the /;.
H
AHMED HUSSEIN VALi MOHAMMED SAIYED & 725
ANR. v. STATE OF GUJARAT
sentencing system so as to impose such sentence which A
reflects the conscience of the society and the sentencing
process has to be stern where it should be. Any liberal
attitude by imposing meager sentences or taking too
sympathetic view merely on account of lapse of time in
respect of such offences will be result-wise counter B
productive in the long run and against the interest of
J ~ society which needs to be cared for and strengthened by
string of deterrence inbuilt in the sentencing system.
Justice demands that courts should impose punishment
befitting the crime so that the courts reflect public c
abhorrence of the crime. The court must not only keep
in view the rights of the victim of the crime md the
society at large while considering the imposition of
appropriate punishment. The court will be failing in its
~ duty if appropriate punishment is not awarded for a crime D
which has been committed not only against the individual
victim but also against the society to which both the
criminal and the victim belong. With these principles, it
is relevant to note that while awarding sentence, the
Designated Judge observed that A-1 was the main E
accused in brutally murdering the nine persons who were
playing cards in the Radhika Gymkhana and that was the
~ reason to sentence him with extreme penalty which
, would meet the ends of justice. While awarding life
imprisonment, the Designated Judge imposed a
condition that it shall not be less than 20 years. Since it F
was he who entered the room where Hansraj and others
were playing cards and fired at them along with the
absconding accused Sharifkhan killing nine persons, it
is appropriate and there is no ground to modify the same.
The sentence in respect of others is also proportionate G
~ to the proved charges and cannot be claimed as
excessive. [Para 50) [760-G-H; 761-A-F]
Case Law Reference:
(1994) 3 sec 569 relied on Para 11 H
726 SUPREME COURT REPORTS [2009] 8 S.C.R.

A (2002) s sec 447 referred to Para 25
{1999) 5 sec 253 relied on Para 26
(2008) 1 sec 601 referred to Para 36
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal -
B
Nos. 2-5 of 2003.

From the Judgment & Order dated 21.10.2002 of the
Designated Judge Court No. 3 at Ahmedabad in TADA Case
Nos. 8/1993, 144/1993, 2/1996 and 4/1996.
c
WITH

Crl. A. Nos.13-14, 216-217, & 8-11 of 2003.

Sushil Kumar, Nity·a Ramakrishnan, Trideep Pais, Nikhil
D Nayyar, R.P. Wadhwani, Kamini Jaiswal, Shomila Bakshi,
Sudhir Nandrajog, Saahila Lamba, Sanjay Jain, Noor Mohd.
Shaikh, Aditya Kumar, Anmol Thakral and Vinay Arora for the
Appellants.

E Yashank Adhyaru, Hemantika Wahi, Pinky Behara and
Somnatha Padhan for the Respondents.

The Judgment of the Court was delivered by
)

P. SATHASIVAM, J. (1) All the above appeals were filed
F before this Court under Section 19 of the Terrorist and
Disruptive Activities (Prevention) Act, 1987 (hereinafter referred
to as "the TADA Act") against the order dated 21.10.2002 of
the Designated Court at Ahmedabad in TADA Case Nos. 8/
1993, 144/1993, 2/1996, 4/1996 & 38/1996 whereby the
G learned Judge convicted the appellants under Section 302 read
with Section 120-8 l.P.C., Sections 25(1)(c) and 27 of the Arms
Act and Section 5 of the TADA Act and sentenced them under
different counts of punishment including life imprisonment.

H
AHMED HUSSEIN VALi MOHAMMED SAIYED & 727
ANR. v. STATE OF GUJARAT [P. SATHASIVAM, J.}
..._ ;\
(2) The brief facts leading to the filing of the present A
appeals are as follows:

According to the prosecution, on 03.8.1992, the accused
formed an unlawful assembly and conspired together along with
the absconding accused Sharifkhan, Resulkhan, Aminkhan
B
Mojkhan and lmtiyaz and launched an attack on the deceased
Hansraj Shivgopal Trivedi and other persons who were with
> .; him. In pursuance of the same, nine persons were killed and
three persons were injured by indiscriminate firing resorted to
by the appellants/accused with revolvers and automatic guns.
Accused Nos. 1,2,3,4 and 20 went to Radhika Gymkhana near
c
Gauri Cinema, Odhav on 03.08.1992 in a Maruti Fronti Car.
Accused No. 1, Liyakathussein and absconding accused
Sharifkhan fired on Hansraj and other seven persons resulting
in their death. Both of them also resorted to indiscriminate firing
.. on the witnesses Vrujlal and Moha.n Meghnath which caused D
serious injuries to them. Accused No. 25 - Abdul Latif Abdul
Wahab Shaikh, who was the gang leader, was accompanied
by Accused Nos.26 - Sabbirhussein Husseinmiya Shaikh, and
27 - Tajammulhasan Alihasan Ansari, with a view to get rid of
Hansraj. The complaint was given by Laxmansinh Madansinh E
Bhadoria on 3.8.1992 in the Odhav Police Station bearing 1-
CR No. 254 of 1992. On the strength of the complaint, various
_.( .- offences were registered against the accused persons. The
-(
accused persons were arrested by the police and after
submission of charge-sheet, necessary charges were framed F
by the Trial Court. On 21.12.1992, after conducting the trial in
which 62 witnesses were examined by the prosecution and 139
documents were exhibited including the confessional
statements of various accused, the Designated Judge
convicted the accused under various sections of the l.P.C., G
Arms Act and TADA Act. In addition to the sentence, the
Designated Judge also directed the accused persons to pay
fine separately. All the sentences were ordered to run
concurrently. Aggrieved by the conviction and sentence
imposed by the Designated Judge, Ahmedabad, the appellants H
728 SUPREME COURT REPORTS [2009) 8 S.C.R.

A filed the above appeals before this Court.

(3) Heard Mr. Sushi! Kumar, learned senior counsel, Ms.
Nitya Ramakrishnan and Ms. Kamini Jaiswal learned counsel,
appearing for the appellants/accused, Mr. Yashank Adhyaru,
learned senior counsel appearing for the State and perused the
8
relevant materials including oral and documentary evidence
adduced before the Designated Court.

(4) Learned counsel appearing for the appellants mainly
contended that the conviction based on confessional statements
C of the appellants without any corroborative evidence is .not
sustainable. It was also pointed out that even those alleged
confessional statements of the accused are not admissible as
not fulfilling the conditions prescribed under Rule 15(3)(b) of
TADA Rules. They also pointed out that without a certificate by
D the competent·person in clear categorical terms about his
satisfaction or belief as to the voluntary nature of the confession
recorded by him would be fatal to the admissibility and the
same cannot be cured by placing any other material. It was
further submitted that no contemporaneous record to support
E the confessions were produced. They also pointed out that the
alleged confessions were not sent to the Magistrate within a
reasonable time and the same is in violation of Rule 15(5) of
TADA Rules. According to them, some confessional statements • ~
in original are missing and some are typed copies without )-
F signatures of the accused. They also highlighted that even dying
declarations cannot be relied as being contradictory and are
liable to be rejected. There is no corroboration at all to the
confessional statement of Accused No.27.

(5) On the other hand, learned senior counsel appearing
G for the State while supporting the conviction and sentence
imposed by the Designated Court submitted that, though, in 'r'-
some of the confessional statements, the certificate was not
enclosed in clear terms, however, in view of the fact that
recording officer has orally testified about the confessions of
H
AHMED HUSSEIN VALi MOHAMMED SAIYED & 729
'
ANR. v. STATE OF GUJARAT [P. SATHASIVAM, J.]
• A
the accused and the defect, if any, is cured. He pointed out that A
,. most of the statements of the accused were accompanied by
a certificate. Insofar as the confessional statements of Accused
Nos. 27 and 28 are concerned, they were recorded post 1993
Amendment, hence, they can be used against the co-accused.
He also pointed out that the prosecution has also relied on B
several other acceptable materials in support of their charge.
,.> '>t (6) In the light of the above contentions and the materials
placed before the Designed Court and statutory provisions, let
us consider whether the prosecution has established its
charges leveled against the accused and the Designated Court
c
is right in convicting the appellants and justified in awarding
appropriate sentence.

(7) According to the prosecution, the incident took place
on 03.08.1992 at about 7.45 p.m. at the Radhika Gymkhana D
situated in the Odhav Area, Ahmedabad which has been
declared as a notified area in terms of Section 2(f) of the TADA
Act. To show that the said area has been declared as a notified
area in terms of TADA Act, the prosecution has placed Exh.
572 and examined their Investigating Officer-PW-5£1. All the E
accused along with absconding accused hatched the

.. -(
conspiracy to eliminate the rival gang under the leadership of
Hansraj Trivedi. There was long standing enmity between the
two gan.Qs in the sale of liquor. Because of this gang rivalry of
Hansraj with Abdul Latif and the members of his gang, the F
enmity developed between two of them and in furtherance of
conspiracy hatched initially, in the afternoon of 03.08.1992,
Abdul Latifs gang went to the office of Hansraj but Hansraj was
not available there, therefore, the members of Abdul Latifs gang
returned to Madh's Mahalia, Dariapur. Thereafter, again in the G
evening, Abdul Latif received an information that Hansraj and
other members are playing game of cards in Radhika
Gymkhana at around 8 'O' Clock and on the strength of the said
information, the plan was chalked out to.launch an assault on
Hansraj Trivedi and other members and to eliminate Hansraj
H
730 SUPREME COURT REPORTS [2009] 8 S.C.R.

A Trivedi. In pursuance thereof, they reached in two cars at
....
Radhika Gymkhana and they verified that Hansraj Trivedi and ·~

other members are playing game of cards and thereafter the
members of Abdul Latif's gang resorted to firing in an
indiscriminate manner and killed Hansraj Trivedi and eight other
B persons. Two persons of the Abdul Latifs gang waited near
the staircase and used weapons with a view to disperse the
crowd which had gathered near the Gymkhana. The said two
accused also forced the shopkeepers to down their shutters.
According to the prosecution, the said act of the accused
c terrorized people living in the locality and it resulted in the death
of nine persons viz. Kantibhai Jethabhai Solanki, Ramkumar
Rajaram Upadhyay, Hansraj Shivgopal Trivedi, Gatu Valnath
Jogi, Shailesh Amrutlal Panchal, Dinesh Dayalji Desai,
Hasmukh Gandabhai Patel, Asharafkhan alias Badashahkhan
D Pathan and Jayantibhai Joitaram Patel. In support of the same, ...
the prosecution examined 62 witnesses. Out of 62 witnesses,
some turned hostile and not supported the prosecution case.
As per the charge-sheet in respect of TADA Case No. 8 of
1993 and TADA Case No. 144 of 1993, 24 persons were
shown as accused. Out of the aforesaid accused, accused Nos.
E 1, 2, 3, 4 and 20 were charged under Section 5 of the TADA
Act as well as under Section 25(1}(c) and Section 27 of the
Arms Act. They were also charged under Section 120-B of the
IPC and all the accused were charged under Section 120-B
read with Section 302/149 IPC. As accused were members of
F unlawful assembly, the charge under Section 148 of IPC was
also framed against them. In TADA Case Nos. 2 and 4of1996,
the charge was framed against A-25 to A-28. Accused Nos.
25, 26 and 27 were charged under Section 5 of the TADA Act
as welt as under Section 25(1)(c) and Section 27 of the Arms
G Act and also under Section 120-B of the IPC. They were also
charged for the offences under Section 120-B read with Section
302 and under Section 149 read with Section 302 of the IPC
while accused No. 28 was charged under Section 302 read
with Section 120-B of the IPC and Section 5 of the TADA Act
H and Sections 23(1)(c) and 27 of the Arms Act. They were also )
AHMED HUSSEIN VALi MOHAMMED SAIYED & 731
ANR. v. STATE OF GUJARAT [P. SATHASIVAM, J.)
--~"'
charged with Section 148 of the IPC. In TADA Case No. 38 of A
1996, the charge was framed against the accused Aminkhan
Alamkhan Mojkhan Pathan under Section 120 read with
Section 302 and Section 149 read with Section 302 and also
under Section 120-B read with Section 302 and 149 of the IPC
and Section 5 of the TADA Act and Sections 25(1)(b) and 27 B
of the Arms Act.
;~ ....
(8) After framing the charges as mentioned above, joint
trial was held and the evidence was recorded in TADA Case
No. 8 of 1993.
c
(9) Before going into the confessional statements of the
accused, it is relevant to mention Section 15 of the TADA Act
which reads as under:

"15. Certain confessions made to police officers to be D
taken into consideration.- (1) Notwithstanding anything in
the Code or in the Indian Evidence Act, 1872, but subject
to the provisions of this section, a confession made by a
person before a police officer not lower in rank than a
Superintendent of Police and recorded by such police
E

... ...
officer either in writing or on any mechanical device like
cassettes, tapes or sound tracks from out of which sounds
or images can be reproduced, shall be admissible in the
trial of such person or co-accused, abettor or conspirator
for an offence under this Act or rules made thereunder:
F
Provided that co-accused, abettor or conspirator is
charged and tried in the same case together with the
accused.

(2) The polic-e officer shall, before recording any G
confession under sub-section (1), explain to the person
making it that he is not bound to make a confession and
that, if he does so, it may be used as evidence against
him and such police officer shall not record any such
confession unless upon questioning the person making it,
H
732 SUPREME COURT REPORTS [2009] 8 S.C.R.
... ......
~

A he has reason to believe that it is being made voluntarily."

The above provision makes it clear that any confessional
statement of a person under the TADA Act can be recorded
either by a police officer not lower in rank than of a
Superintendent of Police, in exercise of the powers conferred
B
under Section 15 or by a Metropolitan Magistrate or Judicial
Magistrate or Executive Magistrate or Special Executive f' j'

Magistrate who are empowered to record any confession under
Section 164(1) of Cr.P.C. in view of sub-section (3) of Section
20 of the TADA Act.
c
(10) In exercise of the powers conferred by Section 28 of
the TADA Act, the Central Government framed Rules namely,
the Terrorist and Disruptive Activities (Prevention) Rules, 1987.
~ule 15 prescribes method for recording of confession made
D to the police officer which reads as under:
"Recording of confession made to police officers.- (1) A
confession made by a person before a police officer and
recorded by such police officer under Section 15 of the Act
shall invariably be recorded in the language in which such
E
confession is made and if that is not practicable, in the
language used by such police officer for official purposes
or in the language of the Designated Court and it shall form IF
part of the record. r

F (2) The confession so recorded shall be shown, read or
played back to the person concerned and if he does not
understand the language in which it is recorded, it shall be
interpreted to him in a language which he understands and
he shall be at libarty to explain or add to his confession.
G
(3) The confession shall, if it is in writing, be -

(a) signed by the person who makes the confession; and

(b) by the police officer who shall also certify under his own
H hand that such confession was taken in his presence and
... AHMED HUSSEIN VALi MOHAMMED SAIYED & 733
ANR v. STATE OF GUJARAT [P. SATHASIVAM, J.]
~ .~
.J recorded by him and that the record contains a full and true A
account of the confession made by the person and such
police officer shall make a memorandum at the end of the
confession to the following effect:-

"I have explained to (name) that he is not bound to B
make a confession and that, if he does so, any confession
... -, he may make be used as evidence against him and I
believe that this confession was voluntarily made. It was
taken in my presence and hearing and recorded by me and
was read over to the person making it and admitted by him
to be correct, and it contains and full and true account of
c
the statement made by him.

Sd/- Police Officer."

(4) Where the confession is recorded on any D
mechanical device, the memorandum referred to in
sub-rule(3) in so far as it is applicable and a
declaration made by the person making the
confession that the said confession recorded on the
mechanical device has been correctly recorded in E
his presence shall also be recorded in the
mechanical device at the end of the confession.
A
(5) Every confession recorded under the said Section
15 shall be sent forthwith to the Chief Metropolitan
Magistrate or the Chief Judicial Magistrate having F
jurisdiction over the area in which such confession
has been recorded and such Magistrate shall
forward the recorded confession so received to the
Designated Court which may take cognizance of
the offence." G

-<,._, (11) Tile provisions of the TADA Act, more particularly,
Section 15 and Rule 15 were considered by a Constitution
Bench of this Court in Karlar Singh vs. State of Punjab, (1994)
3 SCC 569. After holding that the TADA Act is constitutionally H
734 SUPREME COURT REPORTS [2009] 8 S.C.R.
•·
A valid, the Bench laid down the following guidelines to ensure ¥
~

that the confession obtained in the pre-indictment interrogation
by a police officer not lower in rank than a Superintendent of
Police is not tainted with any vice but is in strict conformity with
the well-recognized and accepted aesthetic principles and
B fundamental fairness:
"(1) The confession should be recorded in a free r
atmosphere in the same language in which the person is f

examined and as narrated by him;
c (2) The person from whom a confession has been
recorded under Section 15( 1) of the Act, should be
produced before the Chief Metropolitan Magistrate or the
Chief Judicial Magistrate to whom the confession is
required to be sent under Rule 15(5) along with the original
D statement of confession, written or recorded on
mechanical device without unreasonable delay;

(3) The Chief Metropolitan Magistrate or the Chief Judicial
Magistrate should scrupulously record the statement, if
any, made by the accused so produced and get his
E
signature and in case of any complaint of torture, the
person should be directed to be produced for medical
examination before a Medical Officer not lower in rank than .
of an Assistant Civil Surgeon;
F (4) Notwithstanding anything contained in the Code of
Criminal Procedure, 1973, no police officer below the rank
of an Assistant Commissioner of Police in the Metropolitan
cities and elsewhere of a Deputy Superintendent of Police
or a police officer of equivalent rank, should investigate any
G offence punishable under this Act of 1987.

This is necessary in view of the drastic provisions of this ~-..4
......
Act, more so when the Prevention of Corruption Act, 1988
under Section 17 and the Immoral Traffic Prevention Act,
1956 under Section 13, authorize only a police officer of
H
AHMED HUSSEIN VALi MOHAMMED SAIYED & 735
ANR. v. STATE OF GUJARAT [P. SATHASIVAM, J.]
j!.,

a specified rank to investigate the offences under those A
specified Acts.
! "
'
(5) The police officer if he is seeking the custody of any
person for pre-indictment or pre-trial interrogation from the
judicial custody, must file an affidavit sworn by him
B
explaining the reason not only for such custody but also for
the delay, if any, in seeking the police custody;
> ~

(6) In case, the person, taken for interrogation, on receipt
.... of the statutory warning that he is not bound to make a
confession and that if he does so, the said statement may c
be used against him as evidence, asserts his right to
silence, the police officer must respect his right of
assertion without making any compulsion to give a
statement of disclosure."
~
D
The Constitution Bench has made it clear that though it is
entirely for the Court trying the offence to decide the question
of admissibility or reliability of a confession in its judicial
wisdom strictly adhering to the law, it must, while so deciding
the question should satisfy itself that there was no trap, no track
-""'): E '
and no importune seeking of evidence during the custodial
interrogation and all the conditions required are fulfilled .
...
(12) In the light of the above statutory provisions and the
safeguards as enunciated in the Constitution Bench decision,
let us analyze the evidence relied on by the prosecution. Though F
several persons were implicated in the commission of offence,
we are concerned about eight persons who alone filed the
above appeals challenging their conviction. They are as follows:

G
---;._.•--,11

H
736 SUPREME COURT REPORTS [2009] 8 S.C.R.

Crl. A. No. Name of the appellanUAccused
A S.No.

1. No.2-5 of 2003
(Tada Case 8/93,
Ahmed Hussein Vali
Mohammed Saiyed (AS)
-
144/93, 2/96 and Tajammulhasan Ali Hasan
B 4/96) Ansari (A27)

2. No. 8-11 of 2003 Liyakat Hussein @ Master
(Tada Case 8/93, Khudabax Shaikh (A 1)
144/93, 2/96 and Mohammed Taqlim @ Kalu Md.
c 4/96) Umar Shaikh [A2]
Jawedkhan @ Jaeed Azizkhan
Pathan [A3]
Musarrafkhan Gorekhan Pathan
(A14]
D
3. No.13-14 of 2003 Jahangir Mazarban Patel [A28]
(TaTada Ca (Tada
Case No. 2/96 &
4/96
E

4. No.216-217 of 200~1 Abdul Khurdush Abdulgani
(Tada Case 8/93 & Shaikh [A20] ...
144/93

F Apart from these factual details, it is relevant to mention that
Mohammed Shafi @ Sabbu Hajiahmed Maniar [A4], Iqbal
-
Khan Jabbar Khan Pathan [A7] and Abdul Latif Abdul Wahab
Shaikh [A25] were reported dead during the trial, hence the
charge against them stood abated. Asharaf Khan Ajabkhan
G Pathan [A6] and Abdul Hamid @ Babu Battery Gulam Nabi
[A24] had absconded and the Designated Court separated
their case holding that the trial would be held separately on
apprehending them. On appreciation of all the materials, the
Special Judge acquitted A5,6,9,10,11,12,13,15,16,17,18,19,
H
AHMED HUSSEIN VALi MOHAMMcD SAIYED & 737
ANR. v. STATE OF GUJARAT [P. SATHASIVAM, J.]

21,22,23,24 and 29 for which they were charged. Though A
several accused made confessional statement implicating other
accused persons, the prosecution heavily relied on the
confessional statement of the following appellants/accused:

1. Liyakat Hussein @ Master Khudabax Shaikh (A1)
8
2. Jawedkhan @ Jaeed Azizkhan Pathan [A3]

3. Tajammulhasan Ali Hasan Ansari (A27)

4. Mohammed ·raqlim @ Kalu Md. Umar Shaikh [A2] c
5. Abdul Khurdush Abdulgani Shaikh [A20]

6. Jahangir Mazarban Patel [A28]

Here again, before going into the veracity and acceptability
0
of the confessional statements, it is to be noted that
confessional statements are to be recorded by following
procedure and supported by memorandum as required under
Rule 15(3) of the Rules. Learned counsel appearing for the
appellants/accused pointed out that Section 15 as well as Rule E
15 being mandatory, failure to comply with the same result in
rejection of those statements. On the other hand, learned senior
.. counsel appearing for the State submitted that the entire
procedures and safeguards were fully complied with while
recording the confessional statements of the accused. He also
pointed out that though some of the statements/memorandum F
were not enclosed with the confessions as required under Rule
15(3)(b), some were fully complied with and there is no flaw,
hence the Designated Court has rightly relied on the same. He
further pointed out that even the said defect is cured, if the
recording officer orally testifies and explains the safeguards G
and procedures followed at the time of recording the statement.
According to him, in the case on hand, those safeguards and
procedures were fully complied with and the officer who
recorded their statement testified before the court explaining
H
738 SUPREME COURT REPORTS (2009] 8 S.C.R.

A the same. He further pointed out that inasmuch as some of the •
statements were recorded post-1993 amendment to the TADA
Act, the same can be used against the co-accused.

(13) Inasmuch as these appeals were filed against the
conviction and sentence of the Designated Court in terms of
B
Section 19 of the Act, this Court being an Appellate Court, we
verified all the confessional statements and other connected
materials which are applicable to the appellants before us with
the assistance of the counsel on either side.
' ....
c (14) Among the confessional statements of the accused
as pointed out, let us consider the statement of Tajammulhasan
Alihasan Ansari [A-27] recorded on 18.03.1996 by the
competent officer empowered under the Act. The perusal of his
statement makes it clear that before recording his confessional
D statement, he was informed that he was not bound to make the
confessional statement and the same could be used against
him in future. The recorded statement also shows that the officer
has not used any force or coercion against him to give the
confessional statement and thereafter, that is on 19.03.1996,
E his confessional statement was recorded as per his statement.
He explained that in 1991-92, when he was working in the
factory of Taufiqkhan Pathan, Hansraj Trivedi used to sell liquor
near Ajit Mill and in that way he came in contact with him. After ...
the intervention of police, Hansraj Trivedi closed the business ~

F there and for the purpose of Varli Mataka Gambling he used
to go to Sabbu Haji's Quarter situated at Gomtipur and there
he came in contact with Sabbu Haji and one lsharaq Pahelvan
who was known to Sabbu Haji. He used to sell empty plastic
bags which remained at the liquor den. He also explained about
the gang rivalry between Hansraj Trivedi and Latif. Being a
G
member of the Latif gang, he enquired the whereabouts of
Hansraj Trivedi at his office and ultimately found that he used " _,
to go to Radhika Gymkhana to play cards. Sabbu Haji was
given information about Hansraj Trivedi who in turn gave the
information to Abdul Latif. On the date when Hansraj Trivedi
H

,,...
AHMED HUSSEIN VALi MOHAMMED SAIYED & 739
ANR. v. STATE OF GUJARAT [P. SATHASIVAM, J.]
... > was murdered, first he went to Hansraj Trivedi's office at 4 'o' A
clock in the afternoon but finding that he was not there he went
to Radhika Gymkhana situated near Gauri Cinema. When he
reached Gymkhana, Hansraj Trivedi, Badashahkhan Pathan
and other 12-15 persons were playing game of cards. On
hearing this information, all the appellants came in two cars and B
kept the same near Gauri Cinema. 5 to 6 persons came out
from the car and they were having revolver and automatic
• ·~

machine guns. According to him, Sharifkhan was having
automatic machine gun. Two persons stood near the staircase
of Gymkhana and Sharifkhan, Jawedkhan, Abdulkhurdush and
Liyakat Master were shown Hansraj Trivedi who was playing
c
game Of cards in the room. When Hansraj Trivedi saw them in
the room with weapons, he tried to escape. On seeing his
conduct, indiscriminate firing was resorted to killing several
persons. On hearing the gun firing, the public gathered near
D
Gymkhana, the gangmen of Latif rushed to their cars and
returned to their place.

( 15) A perusal of his statement (A-27) shows that he
disclosed the names of Sharifkhan, Jawedkhan, Abdul
Khurdush and Liyakat Master and about their plan going to E
Gymkhana in two maruti vans to eliminate the rival gang leader
Hansraj Trivedi and others and started indiscriminate firing
~
killing Hansraj Trivedi and others. At the end of his statement,
• he also put his thumb impression and Deputy Commissioner
of Police, Ahmedabad city who recorded his stat~ment F
authenticated the document by putting his signature. The
statement also shows that a proper certificate in terms of Rule
15(3) was appended along with it.

(16) Jahangir Mazarban Patel (A-28) has made a
G
confessional statement before the Competent Officer which
.... was recorded on 06.04.1996. He was also cautioned about the
fact that his statement could be used against him in future. The
statement also shows that there was no threat or intimidation
given to him. He narrated that he used to purchase liquor from
H
740 SUPREME COURT REPORTS [2009] 8 S.C.R.

.( ~

A Abdul Latif since 1992 because his father had a liquor permit.
He used to visit Abdul Latif two or three times in a week. Abdul
Latif had purchased 38 revolvers, 17 pistols and 5 NP Bore
rifles without licence from him. He used to purchase revolvers
and pistols from one Keval Kish.ore Sharma, an Arms and
B Ammunition Dealer from New Delhi in the year 1991. He also
narrated various instances of firing and killing of persons, use
of Arms and Ammunitions supplied by him. His confessional ,, lll
statement was signed by him and necessary certificate has
been appended by the. Competent Officer.
c (17) Aminkhan Alamkhan Mojkhan Pathan (A-29) has also
made a confessional statement before the competent officer.
Though he was acquitted by the Designated Court, let us
consider his. statement how he implicated these appellants. This
was recorded on 29.08.1996 and 30.08.1996. In his case also,
D at the time of recording his confessional statement, the
Competent Officer has taken all necessary precautions and
due care, to ascertain from him as to whether any threat or
coercion was used against him at the time of recording his
confessional statement. In turn, the accused informed him in
E clear terms that he was aware of the consequences in making
such statement including the fact that the same would be used
against him. He narrated the incident which took place in
.._
Radhika Gymkhana on 03.08.1992. He also highlighted the
enmity between Hansraj Trivedi and Latif in respect of sale of •
F country liquor. He also explained that Hansraj Trivedi used to
receive threat from Latif for not purchasing liquor from him. In
spite of warning and threat, since Hansraj Trivedi was not
acceding to the directions of the Latif gang, a plan was chalked
out to get rid of Hansraj Trivedi and, therefore, the attempt was
G made to locate the presence of Hansraj. The attack was
planned to kill him and other members of his gang. In his
statement, he mentioned in categorical terms that Abdul Latif, ".
Sharifkhan, Jawedkhan, Liyakat Master, Abdul Khurdush,
Sabbu Haji and Musharraf went to Radhika Gymkhana and
res9rted to firing. He also mentioned that some of the accused
H
AHMED HUSSEIN VALi MOHAMMED SAIYED & 741
... ANR. v. STATE OF GUJARAT [P. SATHASIVAM, J.]
""
were arrested by the police. After making such statement, he A
put his signature at the bottom and necessary certificate was
appended by the Competent Officer as provided under Rule
15(3) of TADA Rules. As rightly pointed out by the Designated
Court, his statement naming several persons corroborates the
confessional statement given by Tajammulhasan Alihasan B
,.. Ansari (A-27). In our opinion, though A-29 was a member of
" Latifs gang, his direct involvement in the said incidence as well
as commission of the offence was not proved by the
prosecution case resulting in his acquittal by the Designated
Court. c
(18) The first accused, namely, Liyakathussein Alias
Master Khudabax Shaikh (A1) - His confessional statement
was recorded on 06.09.1992. In his case also, the Competent
Officer, who recorded his statement, cautioned him that there
is no need to make any statement and it would be used against D
him. His statement also shows that there was no coercion or
force while recording his statement. After all these formalities,
his confessional statement was recorded. He narrated that the
members of Abdul Latif gang used to sell liquor in Ahmedabad
and used to force everyone to purchase liquor from the E
members of Latif Gang and on refusal, they used to give threat
,.. and intimidation to them. Hansraj Trivedi, who was having his
• liquor den in Soni's Chaw! situated at Odhav area was also
selling liquor. In spite of several threats, he never used to
purchase liquor from the members of Latif Gang which resulted F
in bitter enmity between the members of Latif Gang and Hansraj
Trivedi. On 03.08.1992, he went to the office of Hansraj Trivedi
along with Sharifkhan, Jawedkhan, Abdul Khurdush Rasul Party,
Musharrafkhan, Mohammed Tasalim and lmtiyaz. After return
to the garage of Latif at about 7 'O' Clock on receiving G
... ~
information that Hansraj Trivedi was playing game of cards in
Radhika Gymkhana, members of Latif Gang i.e. Sharifkhan,
Javedkhan, he himself, Abdul Khurdush, Sabbu Haji Maniar and
Mohammed Tasalim went to Gymkhana. Sabhu Haji also came
in Maruti Fronti Car wherein Musharraf, Ahmed Hussein, Abdul H
742 SUPREME COURT REPORTS [2009] 8 S.C.R.
...
"
A Latif, Sabbirhussein and other two persons were sitting while
lmtiyaz came on the scooter at Radhika Gymkhana. Sharifkhan
was driving the car in which he was traveling and another car
was driven by Musharrafkhan. The number plates of both the
cars were removed. Thereafter, they went to Radhika
B Gymkhana where lmtiyaz was present. He further stated that
Sharifkhan and Javedkhan both were having AK-56 rifle. He
was in possession of revolver. Abdul Khurdush was having
pistol and Sabbu Haji Mania and Mohammed Tasalim were
" --
having revolver in their possession. Thereafter, he went to the
c first floor of Gymkhana and he himself, Sharifkhan, Jawedkhan
and Abdul Khurdush were standing near the door of the room,
lmtiyaz had shown Hansraj Trivedi and thereafter all the four
persons started firing. Badashahkhan was also fired upon.
Mohammed Tasalim was standing near the stair case of _.
Gymkhana with revolver. After resorting to firing, they
D
immediately went down stairs and came to Dariapur with their
weapons. Latif and other members also came to Dariapur in
another car. He came to know that when the firing was resorted
to in the Club, several persons had gathered near the Club and
Mohammed Tasalim and Sabbu Haji also fired on them. Their
E weapons were kept in the car of Abdul Latif. Subsequently, he
came to know that due to the firing, six to seven persons were
killed in the Gymkhana. His statement was recorded by the
Deputy Police Commissioner, South Zone and the accused put
his signature below his statement.
F
(19) Mohammed Taslim alias Kalu Mohammed Ummer
Shaikh (A2) - His confessional statement was recorded on
08.09.1992 by the Deputy Commissioner of Police, Western
Division, Ahmedabad City. This statement shows that he was
G very well aware of the fact that the same would be used against )< ...
him. The officer has also followed the strict procedure and the
accused voluntarily made the confessional statement. He also
explained about the gang rivalry between Latif and Hansraj
Trivedi in respect of sale of liquor. He mentioned the name and
H other details of 26 persons as members of Latif Gang who
AHMED HUSSEIN VALi MOHAMMED SAIYED & 743
... " ANR. v. STATE OF GUJARAT [P. SATHASIVAM, J.]
were involved in the matter of conspiring to murder Hansraj A
Trivedi. After narrating what had happened in the forenoon of
03.08.1992, he explained that in the evening he was sitting
along with his other gang members. After getting a message,
Latif instructed them to kill Hansraj Trivedi who was present in
Gymkhana. Thereafter, they went to Gymkhana in two white B
Maruti Fronti cars. He explained that in the Fronti car of Latif,
-.- himself (A2), Sharifkhan, Javedkhan, Uyakat Master, Abdul
Khurdush, Sabu Haji and in the second Maruti Fronti Car,
Mussarafkhan, Ahmed Hu~sain Kaliyo, Abdul Latif, Sabir
Hussain, Latif's known person (name not mentioned) and
Sharifkhan's known person (name not mentioned). He also
c
mentioned that at the place of occurrence, Sharifkhan had kept
the automatic rifle with him, Javedkhan had taken the second.
automatic rifle, Liyakat had taken the revolver, Khurdush had
J., pistol and Sabu had revolver. He also had a revolver. On
reaching the spot, he himself, Javedkhan, Sharifkhan and Abdul D
Khurdush had entered the Gate and lmtiaz had gone into
Radhika Gymkhana by the stairs ahead of them and others
followed. He had stood down near the stairs. All the four went
inside Gymkhana and there were sounds of firing. He had also
fired towards the people. The four persons who had gone E
upstairs came down speedily and reached the car and returned
to their workshop of Latif. He also stated that on the next day,
• he came to know that where they had fired at Radhika
Gymkhana, eight to nine persons were dead including Hansraj
Trivedi and his man Badshahkhan. After committing the said F
crime, they were hiding in Dariyapur. After narrating all these
events, he signed his name and the officer who had taken down
also put his signature. However, no certificate was appended.

(20) Jawedkhan Azizkhan Pathan (A3) - His statement G
..ir._,. was recorded on 21.09.1992. His statement also shows about
the compliance of procedure and the fact that there was no
need to make such statement. In his statement, he also
explained the business of Hansraj Trivedi and the rivalry
between him and Latif. He highlighted that he and other gang
H
744 SUPREME COURT REPORTS [2009] 8 S.C.R.
... ...
A members of Latif held meeting and chalked out the plan to
eliminate Hansraj Trivedi. He also explained how he and his
gang men went to Gymkhana in r.vo Marut1 Front1 Cars. He
explained tllat Sh:irifkhan and he had taker machne gun and
rifle. Liyakot Master was having revolver. Abdul Khurdush was
B having pistoi C1nd Sabu Haji and Mor,;immed Tasa!im were
having revolver in their possession. All of them went to the first
floor of the Club and when Sharifkhan opened the door and •
Hansraj Trivedi was shown, firing was started. After firing, all
of them went to Dariapur. He also +;tated that the car in which
c Latif was sitting was having 30 rifles and Abdul Khurdush and
Rasu!khan party used to make arrangements for the weapons.
He came to know that nine persons had died m the firing and
three susiaineG injuries. During the course. of raid, Sharifkhan
and he were arrested with revolver and pistol. His confessional
statement was sigrco by him as well as the Competent Officer.
D
(21) Abdul Khurdush Abdul Gani Shaikh (A20) - His
statement was recorded un 10.03.1993. Al! the safeguards and
procedures were followed before recording his statement. He
also mentioned about the rivalry. going in two Maruti Cars,
E indiscriminate firing in the first floor of the Gymkhana Club,
killing of Hansraj Trivedi and others. He also implicated
Sharifkhan, Mohammed Tasa!im, Musharrafkhan, Javedkhan,
Rasulkhan Party and lmtiyaz Ahmed. He also mentioned the
weapons that were carried by himself and others. Like others,
F he also stated that after firing and killing of Hansraj Trivedi and
others, they returned to their cars and went to Madh's Mohalla.

(22) We have carefully perused and verified the
confessional statements of Liyakat Hussein @ Master
Khudabax Shaikh (A 1), Jawedkhan @ Jaeed Azizkhan Pathan
G [A3], Abdul Khurdush Abdulgani Shaikh [A20] and Aminkhan
)' ~

Alamkhan Mojikhan Pathan from the original records. The
perusal of their statements show that all of them were informed
about the fact that there was no need and compulsion to make
a statement and the same would be used against them in future
'i
• AHMED HUSSEIN VALi MOHAMMED SAIYED & 745
ANR. v. STATE OF GUJARAT [P. SATHASIVAM, J.]
' in the very same case. It is also clear that all of them understood A
the entire procedure and made voluntary statement to the
"
competent authority that was authorized to record their
statement. Apart from narrating the gang rivalry between
Hansraj Trivedi and Abdul Latif in respect of sale of liquor in
Ahmedabad city, they also highlighted the number of persons B
involved in the conspiracy in the murder of Hansraj Trivedi and
.... •
'
others. Most of the accused mentioned the appellants and
others who involved in the conspiracy and the ultimate killing
of Hansraj Trivedi and others.

(23) The statements of the appellants/accused recorded
c
on various dates demonstrate the conspiracy to eliminate the
business rivalry, and killing of other gang leader, Hansraj Trivedi
and others and how they executed the same on 03.08.1992 in
the premises of Radhika Gymkhana Club.
D
(24) We have already pointed out that the TADA Act,
being a special Act, which permits recording of confessional
statement by a police officer not below the rank of
Superintendeni of Police and the same is also admissible in
evidence. However, it is the duty of the prosecuting agency and E
the trial court/special court to see that strict compliance are
adhered to while recording the confessional statement and
.A
relying on the same .
... (25) Mr. Sushil Kumar, learned senior counsel and Ms.
F
Nithya Ramakrishnan and Ms. Kamini Jaiswal, learned counsel
appearing for the appellants, vehemently contended that in the
light of the safeguards provided in Section 15 of the Act and
Rule 15 of the Rules, in the absence of specific certificate by
the officer who recorded confession as provided in Sub-rule (3)
of Rule 15, they are inadmissible in evidence and cannot be G
• _._ J.
relied upon. They also relied on judgment of this Court in
Bharatbhai vs. State of Gujarat, (2002) 8 SCC 447. In view of
the fact that TADA Act has been upheld by Constitution Bench

- of this Court in Kartar Singh's case (supra), the confessional
statement recorded under Section 15 by a police officer H
746 SUPREME 90URT REPORTS [2009] 8 S.C.R. .
>'
A authorized therein is admissible in evidence. It is also no more
res integra that a confession recorded under Section 15 is a --
substantive piece of evidence. That statement is also
substantive evidence against his co-accused. However, in the
case of co-accused, though taken as substantive evidence as
B a rule of prudence, the court would look upon corroborative
evidence as well. In the judgment relied on i.e. Bharatbhai
(supra), this Court has held that (a) Writing the certificate and • ....
making the memorandum under Rule 15(3)(b) is mandatory. (b)
The language of the certificate and the memorandum is not
c mandatory. (c) In case the certificate and memorandum is not
prepared but the contemporaneous record shows substantial

D
compliance with what is required to be contained therein, the
discrepancy can be cured if there is oral evidence of the
recording officer based on such contemporaneous record. (d)
In the absence of contemporaneous record, discrepancy cannot
-
be cured by oral evidence based on the memory of the
recording officer. It is true that the said decision makes it clear
that the certificate and making the memorandum are
mandatory, subject to certain conditions.
E (26) In State [through Superintendent of Police, CB//S/7] .__
vs. Nalini, (1999) 5 SCC 253, a three-Judge Bench considered
the evidentiary value of confessional statements of the accused ...
as well as Section 15 of the Act and Rule 15 of the Rules. After
analyzing those provisions, this Court held that the Court is free .-
F to treat the confession of one accused as against a co-accused
to be substantive evidence against the latter, and in the
absence of proof to the contrary, the Designated Court would
have full power to base a conviction of the co-accused upon
the confession made by another accused. Rule 15(3) makes it
G clear that the confession shall be signed by the maker and also
by the police officer who recorded it. Further, it mandates the ' ~-
police officer to certify under his own hand that such confession
was taken in his presence and recorded by him and that the
record contains a full and true account of the confession made
H by the person. The following conclusion in para 424 is relevant: -
AHMED HUSSEIN VALi MOHAMMED SAIYED & 747
'
ANR. v. STATE OF GUJARAT [P. SATHASIVAM, J.]
"
"424. In view of the above discu~sions, we hold th~ A
confessions of the accused in the wesen~ ~§IS,e tQ b~
voluntarily and validly made and under Section 15 of TADA
~onfession of an accused is admissible against a co-
accused
' . . .
'
as a substantive evidence.
.
-
Substantive
..• .
' '. ·~-". '~
evidence,
. . '

however, ooes not necessarily mean substantial evidence. B
... • It is the quality of evidence that matters. As to what value
is to be attached to a confession will fall within the domain
of appreciation of evidence. As a matter of prudence, the
court may look for some corroboration if confession is to
be used against a co-accused though that will again be c
within the, sphere of appraisal of evidence."
. The above decision makes it clear that the confession made
by an accused if it is voluntary and true, then it is admissible
against co-accused as a substantive piece of evidence. It is
also clear that while recording confessional statement, if there D
is omission to obtain signature of the accused at the end of
the confession, the same is admissible and the omission made
by th~· competent officer is curable in view of the provision
contained in Section 463 Cr.P.C. In the same manner, the
Court has held even if there was any omission in respect of the E
certificate which the competent officer is required to ·append
_... under sub-rule (3) at the foot of the confession, it can be cured
.
-- as provided under Section 463 of the Cr.P.C. Such approach
is permissible in view of Section 463 of the Cr.P.C. in regard
to the omission in recording confession under Section 164 F
Cr.P.C., the Court has clarified that the same approach can be
adopted in respect of confession recorded under Section 15
of the TADA Act. We have already narrated the confessional
statements of various accused, among them, the statements
of A-27 and A-28 satisfied Rule 15(3) in all aspects. Apart from G
-~-'I narration of the events, Qonspiracy to eliminate other gang
leader and its members, indiscriminate firing at Gymkhana,
supply of Arms and Ammunitions etc., both A-27 and A-28

- subscribed their signature at the end of it and the officer who
recorded their confe$sion apart from putting his signature also H
748 SUPREME COURT REPORTS [2009] 8 S.C.R.

•
A appended a certificate in clear terms and in accordance with
Rule 15(3). It is true that in the case of confessional statements,
though signature of the accused and the officer who recorded
their statement are available, the certificate in terms of Rule
15(3) was not appended. However, as explained in Nalini's

..
B case (supra) and rightly pointed out by the State counsel, the
officers - PWs 25, 26, 49 & 51 who recorded "heir statement
deposed before the Court, identified and explained the course •
adopted while recording their statement as well as contents
therein.
c (27) In order to show that the confessional statements of
a number of accused persons irrespective ·of separate
certificate are valid, the prosecution has examined the ;:

respective competent officers who were authorized to record
confessional statements which satisfied sub-rule (3) of Rule 15.
D One Anupam Shrikrishna Suroliya, who was working as Deputy
Police Commissioner, Ahmedabad was examined as P.W. 24.
According to him, on 05.09.1992, the accused Liyakat who
was involved in the incident which took place in Radhika
Gymkhana ~as produced before him as he wanted to make
E the confessional statement. The other two accused, namely, ...
Sharifkhan and Javedkhan were also produced to record their
confession as requested by them in his evidence. Suroliya .....
explained the consequence of their making statement and he ~

also asserted that he fully complied with all the formalities. He
F stated that all the three accused made their voluntary statement
and thereafter they put their signature. However, he admitted
that the certificate was not appended to their statement.

(28) One Natvarlal Veljibhai Patel, who was working as
DCP, Controller was examined as P.W. 25. He deposed that
G
during his duty on 18.03.1996, one accused Tajammulhasan
Alihasan Ansari (A-27) was produced before him by the
. ~ .

Competent Officer to record his statement. He also verified
from the accused that no force and threat was used against him
H
to give confessional statement. Thereafter, he recorded his
-
AHMED HUSSEIN VALi MOHAMMED SAIYED & 749
ANR. v. STATE OF GUJARAT [P. SATHASIVAM, J.]

statement and he had put his thumb impression below his A
statement. He also put his signature. On 19.03.1996, the said
accused was again called for the purpose of recording his
confessional statement. According to him, once again after
following the procedure he recorded his statement and the
same was kept in the sealed cover. B

(29) One Jasbhai Chootabhai Patel, Deputy
Commissioner C?f Police, Western Zone, was examined as
P.W. 26. According to him, on 07.09.1992, the Investigating
- Officer had produced accused by name Mohammed Tasalim C
'
Alias Kalu Mohammed (A-2) for the purpose of recording his
confessional statement. He satisfied that the accused was not
forced to make any statement and no threat or force or coercion
was used against him to give confessional statement.
Subsequently, he was given time to consider and on the next
date, he was called to record the confessional statement. Again D
after following the procedure, he recorded his statement and
thereafter, his signature was obtained below the same. He had
also put his signature. The original copy of the confessional
statement was transmitted to the Magistrate. On 09.03.1993,
when he was working as Deputy Commissioner of Police, the E
Investigating Officer had produced Abdul Khurdush Abdul Gani
Shaikh for the purpose of recording his_ confessional statement.
He recorded his statement as requested by him. In his case
also, he followed all the procedure. In the cross-examination,
he had stated that he had recorded nine confessional F
statements. The accused No.5 Maksud Ahmed Fateh
Mohammed Shaikh had given the confessional statement on
20.11.1992. The officer had explained that he had also followed
the same procedure and recorded his statement as per his
statement. The confessional statement of Musharrafkhan G
Gorekhan, Iqbal Hussein Alias Lalo Son of Kasambhai
Faqirbhai, Mohammed Uwesh Son of Gulam Mohammed,
Amirmiya, Hafizuddin Kadari, Mohammed Amin Alias Chotely
was recorded by the competent officer and all the formalities
which was expected from the competent officer was performed H
750 SUPREME COURT REPORTS [2009] 8 S.C.R.
>-

A by him prior to recording the confessional statement ai1d j. ..
thereafter the confessional statement of all the accused were
recorded as requested by him. But the Designated Court has
considered the confessional statement of A-2 only as
admissible evidence amongst all the nine confessional
B statements recorded by him.

(30) One Jitendra Narayan Rajgor, Deputy Commissioner
of Police, Crime Branch was examined as P.W. 49. In his
testimony, he deposed that on 26.03.1993, one accused
c Mohammed Farooq Alias Farooq Bawa Allarakha Shaikh was
"
-
produced by the Police Superintendent Mr. A.M. Desai for the
purpose of recording confessional statement. After ascertaining
that he was free and no force or coercion was used to give
•,
confessional statement and after giving sufficient time, his
statement was recorded. He further deposed on 04.04.1993
D and 20.05.1993 the accused Mohammed Shafi Abdul Rehman
9haikh and Abdul Hamid Alias Babu Battery Gulam Nabi were
produced before him for the purpose of recording their
confessional statements by following all the procedure and
affording sufficienttime. Their statements were recorded and
E obtained their signature below their confessional statements.
'
He also put his signature. He admitted that necessary certificate
was not issued below the confessional statement of the
accused. \,,,_,-
/"

F (31) Ashish Satyapal Bhatia, Superintendent of Police, was
examined as P.W. 51. In his testimony, he has stated that on
05.04.1996 one accused Jahangir Mazarban Patel(A-28) was
produced before him for the purpose of recording the
confessional statement. He also deposed that after following
the procedure he recorded his confessional statement and the
G
same was read over to the accused and thereafter his signature
was obtained. He also put his signature. He asserted that
necessary certificate was appended to the confessional
" ..
statement given by the accused. He also identified the accused
during recording of his evidence. He informed the court that after
H
AHMED HUSSEIN YAU MOHAMMED SAIYED & 751
ANR. v. STATE OF GUJARAT [P. SATHASIVAM, J.]
... ... recording the statement the sealed cover in which confessional A
statement was placed along with the accused was handed over
to the Investigating Officer for the purpose of transmitting the
same to the Court of Metropolitan Magistrate, Ahmedabad.
,.
(32) It is also relevant to note that one Khushpalsing
B
Nathulal Doshi, Deputy Commissioner of Police, Law and
Order, Ahmedabad was examined as P.W. 61. He deposed
'Jo
' that on 29.08.1996 one accused Aminkhan Mojkhan (A-29)
was produced before him from the ATS Office for the purpose
of recording his confessional statement. According to him, he
explained that his statement could be used against him and c
there was no compulsion to make such statement. After
following the procedure, he recorded his statement and it was
kept in the sealed cover and sent it to Metropolitan Magistrate.

• (33) Though, learned counsel appearing for the accused D
heavily commented the recording of confessional statements
of various accused and their evidentiary value in the light of
provisions of the TADA Act and Rules, as mentioned above,
we are of the view that there is no valid reason to reject the
confessional statements of A-27 and A-28. It is the assertion E
" of the competent officers, who recorded their statements, that

-
4
~
they explained to them that their statements would be used
against them, they were given sufficient time to think over and
after following the procedure those officers have recorded their
statement. It is not in dispute that both A-27 and A-28 put their F
thumb impression/signature at the end of their statements and
the competent officers were also put their signature. The
certificate as stated in sub-rule (3) of Rule 15 was also
appended in both their statements. Though A-28 was punished
only under Arms Act, there is no reason to reject his statement
G
in the light of compliance of the requirements. We also adverted
~,,
to other confessional statements, except small variation most
of them have implicated the persons involved from the stage
of conspiracy till the firing which took place on the first floor of
Radhika Gymkhana. Equally though all of them either put their
.. H
752 SUPREME COURT REPORTS [2009) 8 S.C.R.

A thumb impression or signed their name, no certificate was
appended in terms of sub-rule (3) by the competent officers who
' -
recorded their confessional statements. We have already
referred to the decision of this Court in Nalini's case (supra)
and the evidence of competent officers explaining all the
B aspects in detail. It is not only the ;;r :ifessional statements but
the prosecution has relied on certain other materials

(34) In this context it is quite relevant to mention that all the • ~.

confessional statements which have been considered by the
Designated Court have the same opening words which is
c similar to the subject matter of memorandum to be made at the
end of each confession by the respective recording officer as
provided under Rule 15(3)(b) of the TADA Rules that the
accused making the confession is not bound to make the
confession and it was also cautioned that if he does so that
D very statement can be used as evidence against him. The initial •
words of each of the confessions also include that they are
made voluntarily before the recording officer. It is also
necessary to mention that all the confessional statements made
in 1992 of A1, A2, A3 and A20 respecdvely are without the
E memorandum of the recording officer as required under Rule
15(3)(b) of .the Rules. Now according to t'1e guidelines given
by the Constitutional Bench in Kartar Singh (supra) Rule 15 of
the TADA RJles has to be strictly complied with to make the
confessional statement made before a police officer •
-
F admissible as evidence. Now this strict compliance is
necessary for the confessional statement which needs no
corroboration or contemporaneous record to prove its veracity.
But here these confessional statements are mainly
corroborating the confession made by A-27 which has been
G made strictly complying with all the required provision of the
TADA Act and Rules. As a result the defect, if any, present in ~ ...
these confessional statements gets cured through reliable and
trustworthy deposition made by the respective recording
officers in the trial before the Designated Court. The said
H memorandum is required because while recording a confession
AHMED HUSSEIN VALi MOHAMMED SAIYED & 753
ANR. v. STATE OF GUJARAT [P. SAIHASIVAM, J.}
>
.. the recording officer may forget each different factual details A
regarding reminding the accused of the nature of the confession
made by him as well as all the other statutory caution as each
case is different and unique on its own. But this defect can be
cured by the deposition of the officer with all the factual details
which are present in the present case. All the recording officers B
have deposed in the trial with all the relevant facts and the

- "
question of tempering with the confessional statements can be
done away with accordingly as has been rightly done by the
Designated Court.

(35) Also here it is important to mention that all the
c
confessional statements which have been considered by the
Designated Court to arrive at the judgment are having similar
depiction of facts regarding gang rivalry between Latifs Gang
and Hansraj Trivedi, plotting of the criminal conspiracy by the
members of Latifs gang, the details of the activities made by D
tile Latif's gang members on 03.08.1992 i.e. the day of
commission of the crime in Radhika Gymkhana, identification
of the name of the accused present or participated at the time
of the commission of the crime, the description of arms and
cars used in the commission of the crime and how the gang E
members escaped to Dariyapur after the occurrence of the
crime. There is no striking difference or discrepancy or
ambiguity regarding the depiction of fact in each of the
.. confessional statements that has been considered by the court
and they are very much able to corroborate the confessional F
statement made by A-27. It is also to be remembered that all
the confessions are made almost right after the accused got
apprehended so the delay in recording the s1lme is quite
reasonable.
G
(36) The Amendment made by Act 43 of 1993 to Section
·- ., 15 of the TADA Act included the words "or co-accused, abettor
or conspirator" along with the person making the confessional
statement to be admissible in the trial of such person as well
as them provided that co-accused, abettor or conspirator is
H
754 SUPREME COURT REPORTS (2009] 8 S.C.R.

A charged and tried in the same case together with the accused. .. '

The appellants submitted that this Court in State of Rajasthan
v. Ajit singh, (2008) 1 sec 601 has been noted, as the words
"or co-accused, abettor or conspirator" were inserted in the Act
only in 1993, they could not be applied retrospectively. They
B have also submitted that herein, the offence was committed on
03.08.1992, before the amendments were made to the TADA

-
Act and as such, confession of a co-accused cannot be used
against the appellants herein. It is also contended before us that 1

the confessional statement of A-27 has been made on
c 19.03.1996 which was after the amended provision of Section
15(1) of the TADA Act came into effect. As far as the
admissibility of the confessional statement of A-27 is concerned
with regard to his co-accused in this case, it is not vitiated
because of the Amendment and it is rightly used as a major i
evidence for the trial of his co-accused by the Designated
D
Court. As this confessional statement was made complying
with all the procedural essentials as provided by the TADA Act
and Rules it can be a valid ground for the conviction when
corroborated with the confessional statement of the other four
accused namely A1, A2, A3 and A20 respectively which have
E been made prior to the amendment of the Act. Apart from the
confessional statement there were also other materials to
support the prosecution case which we discuss hereunder.

(37) On behalf of the appellants, it was also submitted that
F the dying declaration (Exh. 201) of Badshahkhan which was
recorded by PW6, Sukhdevsing Sardarsing Chaudasama,
mentions only the name of Sharifkhan and Liyakat Master, (A-
1) and the names of other accused who were said to be
present upstairs at the time of gun-fire in the Gymkhana in the
G confessional statement are not present. Badshahkhan told
PW6 that he and Hansraj Trivedi and other members were
playing game of cards at Radhika Gymkhana at about 8
'o'clock at night, Sharifkhan who was having gun in his
~ .
possession and Liyakat Master who was having pistol in his
H possession started firing at him and Hansraj Trivedi and the
AHMED HUSSEIN VALi MOHAMMED SAIYED & 755
ANR. v. STATE OF GUJARAT [P. SATHASIVAM, J.]
- . others were also fired at. According to PW6 after making this A
~ statement Badshahkhan became unconscious. Though this
dying declaration is incomplete, it does not reject completely
the idea of the presence of other accused as detailed in the
confessional statements of the accused and thus it does not
negate the admissibility of the confessional statements. The B
evidence of PW-6 shows that he had recorded the dying
declaration as narrated by the deceased. If the prosecution had
""'' • been out to implicate all accused falsely in case, the dying
declaration would have been so recorded. However, the
evidence of PW-6 shows that he stopped recording dying c
declaration as soon as he realized that the maker was loosing
consciousness. The reliable dying declaration though
incomplete, materially corroborates the confessional statement
made by Accused No.27 and is rightly relied on by the
Designated Court.
D
'
(38) It is useful to refer other materials relied on by the
prosecution and accepted by the Designated Court. The
complaint, Exh. 609, dated 03.08.1992 contains all the
materials. The complainant-Laxmansingh Madansingh
Bhadoria narrated in his complaint that he knows Hansraj for E
last eight years. He also mentioned about the animosity
between Hansraj and famous bootlegger Latif. He also
~

---- narrated in his complaint that Hansraj used to go to Radhika
Gymkhana to play game of cards which is situated at National
Highway No. 8, near Gauri Cinema. He highlighted how these F
accused persons came in a car and went to the AC room
situated in the first floor of Gymkhana where Hansraj and his
associates were playing the game of Rami. The complainant
had also narrated that on reaching the AC room, he found that
11 persons had sustained injuries due to firing of bullets and G
.... they were lying in the pool of blood. It was he who rushed down
to the ground floor and informed Rajendrakumar Shivgopal
Trivedi, the elder brother of Hansraj. It was further stated that
immediately Rajendrabhai came with Fiat NE 118 car and
Hansraj and Badshahkhan who had sustained injuries had H
I
756 SUPREME COURT REPORTS [2009] 8 S.C.R.

A taken in that car to the Shardaben Hospital for giving immediate ~ -
treatment. In the meantime, Hansraj succumbed to the injuries.
The complaint also describes about the conspiracy hatched as
per the Abdul Latif to get rid of Hansraj and others. The said
complaint was given to the Police Superintendent. Since
B complainant was not alive during the trial, therefore, he was not
summoned by the prosecution.

(39) Apart from confessional statement of the accused ~ ....
which we have discussed hereinabove, the prosecution had
also relied on various other witnesses and the Designated
c Court has rightly accepted the same. PW-2, Rajendrakumar
Shivgopal Trivedi, brother of deceased Hansraj Shivgopal
Trivedi, has deposed before the Court that he had received
phone call from Ranjitsinh Ramansinh Rathod at about 8 'O'
clock and he had mentioned about the firing which took place
D in the Gymkhana. On hearing the information over phone, he
went in the car to Radhika Gymkhana and when he reached
on the first floor of the Gymkhana, he saw his brother Hansraj
Shivgopal Trivedi in a pool of blood having sustained serious
injuries. Apart from him, other 8 to 9 persons were also lying
E in the room having sustained serious injuries. He also deposed
that his elder brother Rajdev and other persons from the
neighborhood arrived at the scene of incident. According to
him, with the persons gathered, Hansraj was brought down from /
'
the first floor and he was taken to hospital in car. •
F Badashahkhan, who had also sustained injuries was also
brought down from the first floor and brought to Shardaben
Hospital for treatment. When he was driving the car, Ranjit
Singh had asked Badshah Khan about the incident and injuries.
Badshah Khan replied that the members of Latif Gang came
G to the Gymkhana and fired indiscriminately on Hansraj and
others whom sustained serious injuries. He also explained the
dispute with regard to purchase of liquor between his brother ' ....
Hansraj and Latif.
(40) PW-4, Rajdev Gopal Trivedi, another brother of
H
AHMED HUSSEIN VALi MOHAMMED SAIYED & 757
ANR. v. STATE OF GUJARAT [P. SATHASIVAM, J.]
~
"'
Hansraj Trivedi, who also rushed to the Gymkhana Club A
narrated what his brother PW-2 has stated before the Court.

(41) One, Shivputra Chandrapal, who was working in the
office of Hansraj was examined as P'vV-26 before the Court.
He deposed that when he was staying in the office of Hansraj B
at about 7-30 hours in the evening of 03.08.1992, he had
y
• received the message that firing was resorted to in Radhika
Gymkhana Club. On receipt of the said message, he went to
the Club along with the others and on reaching the first floor of
the Club, he noticed seven persons were lying in the pool of
blood having sustained serious injuries. Apart from Hansraj,
c
Badshah Khan also sustained injuries during the firing. He also
explained the enmity between the Hansraj group and Latif over
the sale of liquor.

' (42) PW-55, Mohanlal Laxmichand Anal, who was having D
his shop dealing in arms and ammunition in New Delhi. The
name of the shop is Anal Armory and according to him at the
relevant time he was having the licence to keep the arms and
ammunitions. He deposed that the order for revolver was given
by Jahangir Patel, A-29. One, Jitendrakumar Ranchhodlal Patel E
was examined as PW-56. Panchnama in respect of recovery
~
of one pistol and revolver which was lying on the table was
prepared in his presence. He identified A-3, Jawedkhan.
Maharajsinh Kunver Pratapsinh Rajput was examined as PW-
58. According to him, he had been working as a Manager in F
Keval Kishan Sharma Arms and Ammunitions Dealer Shop
since 1989. The office situated in C/6 Lakshminagar Aruna
Park, Delhi. He further explained that on behalf of the B.D. Patel
and Sons, one Jahangir Patel, A-29 used to visit their shop in
connection with the sale of weapons. G
._ "' (43) PW-8 to PW-12 - Post Mortem doctors, who
examined the dead bodies, deposed before the Court about
their nature of injuries and the cause of death. Their evidence
clearly support the prosecution case that the deceased were
H
758 SUPREME COURT REPORTS [2009] 8 S.C.R.
.. .,
A gunned to death due to bullet injuries. It is also clear from their
evidence that the vital injuries sustained were caused due to
the use of the firearm and all the injuries were inflicted prior to
the death of the deceased.

(44) PW-13, Kamaleshkumar Babubhai Modi, who was
B
having a Pan Galla near Gauri Cinema, deposed that he was
sitting in his shop on 03.08.1992 and had seen one Maruti car • '
coming from Hotel Dreamland at about 7-30 in the evening.
According to him, 5 to 6 persons alighted from the car and they
went to Madhuram Park and they were armed with weapons.
c He also informed the court that one person from the car came
to his shop and asked him in Hindi to close his shop and switch
off the light. According to him, pursuant to the threat, he had
closed the shop and heard the noise of firing. He also deposed
that his statement was recorded by the police on 04.08.1992.
D
(45) Apart from the above evidence about the dispute
between the two group's firing on 03.08.1992, the evidence of
doctors who conducted post-mortem in respect of the
deceased also support the case of prosecution.
E
(46) PWs-20, 21, 22, 23 and 59 all Executive Magistrates,
who conducted the Identification Parade of the some of the
accused viz., A-27, A-20, A-3, A-2 and A-1, explained the same
in minute details. They also asserted that procedures were fully
followed before conducting Identification Parade in respect of
F those accused. Their statement before the Court cannot be
ignored, on the other hand, it supports the prosecution case
about the involvement of accused/Appellants in the firing that
took place on 03.08.1992 at Gymkhana.

G (47) Though, the argument was raised that there was no
compliance of Rule 15(5) that the confessions recorded were ~ ..
not sent to the Chief Judicial Magistrate or the Magistrate having
jurisdiction over the area immediately after recording the same,
if we scrutinize the evidence of the recording officers who were
H all not below the rank of Superintendent of Police/Dy.
AHMED HUSSEIN VALi MOHAMMED SAIYED & 759
- , ANR. v. STATE OF GUJARAT [P. SATHASIVAM, J.]

Commissioner that after recording the confessional statements A
of the accused, particularly, in respect of A-27 and A-28 in
accordance with the mandates of Section 15 and Rule 15, they
were handed over to the Investigating Officers and in turn, to
the concerned Court. As a matter of fact, PW-61, Khushpal Sing
Nathulal Doshi, in his evidence asserted in categorical terms B
that the confessional statement of A-29, Aminkhan Mojkhan
> • Pathan that was recorded by him kept in a sealed cover and
5ent to the Metropolitan Magistrate. He identified the
confessional statement of the accused during the course of his
deposition. If we consider other relevant acceptable materials c
which we have discussed in the earlier part of our judgment
coupled with reliable dying declaration recorded by PW-6 and
recovery of pistol as well as revolver and considering the factual
aspects of this case, the objection raised by the appellants with
regard to sub-rule (5) of Rule 15 is to be rejected. Evidence of D
Shiddharajsing Gulabsing Bhati - PW-53, Anilsing Kanaksing
Jadeja, PW-54, Mohanlal Laxmichand Anal, PW-55, Natvarsinh
Jagatsinh Champavat, PW-57 and Maharajsinh Rajput, PW-58
clearly prove the purchase of pistol and revolver by Jahangir
Marazban Patel, A-28 at Ahmedabad who in turn supplied the
E
same to Latif and members of his gang, the recovery of all

- those weapons were duly identified by the person concerned.
Further, A-28 purchased the revolver which was used in the
commission of offence from Keva! Kishore Sharma of Delhi
and the same is reflected in his confessional statement. Thus
the purchase of the weapons and use thereof by accused F
concerned were all duly proved by the prosecution.

(48) The complaint was made by one Laxmansingh
Madansingh Bhadoria, who lodged FIR about the incident.
Though the complainant was not examined, however, the G
' ._ .. prosecution adduced materials in the form of oral evidence,
confessional statements of the accused, documentary
evidence, dying declarations and test identification parade.
From the perusal of all the materials, we are satisfied that the
prosecution has established the involvement of the accused in H
760 SUPREME COURT REPORTS [2009] 8 S.C.R.
.- -
A the commission of offence, gang rivalry between Hansraj Trivedi
and Latif, their conspiracy to eliminate Hansraj Trivedi, medical
evidence connecting the bullet injuries as cause of death and
seizure of two cars used for the commission of offence. In those
circumstances, we are unable to accept the contentions raised
B by learned counsel for the appellants and we are in agreement
with the conclusion arrived at by the Designated Court.

(49) The materials placed by the prosecution clearly show
that there was a gang rivalry between the Latifs gang and
•
-
Hansraj Trivedi. Both the gang leaders with the group members
c were engaged in selling liquor in Ahmedabad city when the
same is prohibited. Both the groups were also engaged or
involved in forcing people to vacate the plots and kidnapping
etc. Prosecution has also proved that the appellants and the
other accused persons actively participated in conspirin~ and
D chalking out the plan to eliminate Hansraj Trivedi and ether
members of his gang by resorting to firing. By such
arrangement, they committed brutal murder of nine persons
and created a terror in the minds of public in and around the
area. All those actions were highlighted before the Designated"
E Court and by analyzing each and every material and ,
considering the totality of all the events, the Court found the
appellants herein guilty in respect of the charges and awarded
appropriate punishment. -
F (50) Finally, one more argument was advanced about the
award of sentence to Liyakathussein @ Master Khudabax
Shaikh (A-1). The object of awarding appropriate sentence
should be to protect the society and to deter the criminal from
achieving the avowed object to law by imposing appropriate
sentence. It is expected that the courts would operate the
G
sentencing system so as to impose such sentence which ~ ... ,

reflects the conscience of the society and the sentencing
process has to be stern where it should be. Any liberal attitude
by imposing meager sentences or taking too sympathetic view
merely on account of lapse of time in respect of such offences
H
AHMED HUSSEIN VALi MOHAMMED SAIYED & 761
ANR. v. STATE 'oF
GUJARAT [P. SATHAS!YAM, J.]
will be r€)sult-:Wise cpunfer productive in the long run and against A
the interest of sociE:!iY "Vhi£h neegs to be cared for and
strengthened by string of detf:!rrence inbuilt in the sentencing
system. Justice derna.nds th?t co4rts shc;iuld impose p1,mishmE:!nt
befitting the crime so that the courts reflect public abhorrence
9f th~ crime. Th~ gpljrt rnust not only keep in view the rights of B
the victim of the crime ancJ the ~Qciety at largig while considering
the imposition of appropriate punishment. The court will be
fi!iiling in its cjuty if apprqpri$)te puni~hment is not a.warded for
a crime which ha.s been committed not only against the
individual victim. put also against the society to which both c
the crimina.I and the victim belong. With these principles, it is
relevant to note that while awarding sentence, the learned
Designated Judge observed that A-1 was the main accused
in brutally murdering the nine persons who were playing cards
in the Radhika Gymkhana and that was the reason to sentence D
him with extreme penalty which would meet the ends of justice.
While awarding life imprisonment, the Designated Judge
imposed a condition that it shall not be less than 20 years.
Since it was he who entered the room where Hansraj and
others were playing cards and fired at them along with the E
absconding accused Sharifkhan killing total nine persons, we
fee! it is appropriate and find no ground to modify the same .
... The :;entence in respect of others is also proportionate to the
proved charges and cannot be claimed as excessive.

(51) In the light of the above discussion, we confirm the F
conviction and sentence imposed by the Designated Court. If
any of the appellants/accused are on bail, steps shall be taken -
by the Court concerned to serve the remaining period of
sentence. All the appeals are, accordingly, dismissed.
G
G.N. Appeals dismissed.