MCOC SPECIAL CASE NO.19/2011 Decided on · Satish Kalya @ Sir, ... vendor and the property broker,...

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MCOC SPECIAL CASE NO.19/2011

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Received on : 03/12/2011

Registered on : 14/12/2011

Decided on : 02/05/2018

Duration : 6 5 0

Years Months Days


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Decided on : 02/05/2018

Duration : 6 2 11

Years Months Days


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Decided on : 02/05/2018

Duration : 1 8 27

Years Months Days

IN THE COURT OF MCOC SPECIAL JUDGE AT GREATER BOMBAY(Exclusive Special Court constituted for the cases under MCOCA/TADA/POTA AND OTHER SESSIONS CASES

against the accusedRajendra Sadashiv Nikalje @ Chhota Rajan)

MCOC SPECIAL CASE NO.19 OF 2011ALONG WITH


MCOC SPECIAL CASE NO.15 OF 2016(CNR NO. MHCC020108492011)

The Central Bureau of Investigation, New Delhi (RC1 (S)2016/SCU.V /SCII /CBI /New Delhi), [Earlier, the State ofMaharashtra, at the instance of Inspector ofPolice, DCB CID, Mumbai, C.R.No.57/2011,Powai Police Station C.R. No.256/2011] .... Prosecution

Versus

Rohee Tangappan Joseph @ Rohi @ SatishKalya @ Sir and 10 ors. .... Accused

2

I N D E X

SR.NO. TOPIC PAGE

1 Prosecution case. 10

2 Points for determination. 21

3 Details of the witnesses examined on behalf ofthe prosecution.

23

4 Details of the important documents relied uponby the prosecution.

41

5 Details of the documents relied upon by theDefence.

53

6 Discussion regarding point no.1 (Homicidaldeath).

53

6A Objections regarding the recovery of the lead(Article247) from the body of J.Dey.

67

7 Discussion regarding point nos.2 & 3 (Conspiracy& murder).

72

7A Events which took place after the receipt ofinformation of the incident and objections raisedby the defence about the registration of the FIR,spot of the incident and the finding of the leadnear the spot of the incident, etc.

73

7B Objections regarding the arrest of the accusedno.1Rohee Tangappan Joseph @ Satish Kalya,accused no.2Anil Waghmode & accused no.3Abhijit Shinde.

116

7C Objections regarding the arrest of the accusedno.4Nilesh Shedge.

129

7D Objections regarding the arrest of the accusedno.5Arun Dake, accused no.6Mangesh Aagvane& accused no.7Sachin Gaikwad.

131

7E Objections regarding the arrest of the accusedno.9Deepak Sisodiya.

137

7F Objections regarding the arrest of the accusedno.10Paulson Palitara.

138

3

7G Objections regarding the arrest/taking intocustody of the accused no.11Ms.Jigna Vora &accused no.12Chhota Rajan.

141

8 Consideration and analysis of the evidence.

9 Law relating to criminal conspiracy. 142

10 Concept of reasonable doubt and benefit ofdoubt.

153

11 Roles attributed to each of the accused person. 158

12 Antecedents of the accused persons. 162

13 Confession made by the accused no.5ArunDake.

13A Gist of the confession made by the accused no.5Arun Dake.

168

13B Assessment of the statements made by theaccused no.5Arun Dake.

173

13C Evidence regarding voluntary nature &truthfulness of the confession made by theaccused no.5Arun Dake.

176

13D Analysis of the above evidence. 196

13E Retraction of the confession made by the accusedno.5Arun Dake.

237

14 Confession made by the accused no.9DeepakSisodiya.

14A Gist of confession made by the accused no.9Deepak Sisodiya.

241

14B Assessment of the statements made by theaccused no.9Deepak Sisodiya.

246

14C Evidence regarding the voluntary nature andtruthfulness of the confession made by theaccused no.9Deepak Sisodiya.

247

14D Analysis of the above evidence. 272

14E Retraction of the confession made by the accusedno.9Deepak Sisodiya.

289

15 Confession made by the accused no.10Paulson Palitara.

4

15A Gist of confession made by the accused no.10Paulson Palitara.

292

15B Assessment of the statements made by theaccused no.10Paulson Palitara.

295

16 Extrajudicial confessions made by theaccused no.12Chhota Rajan.

16A Evidence regarding the various extrajudicialconfessions made by the accused no.12ChhotaRajan.

298

16B Analysis of the above evidence. 327

17 Evidence regarding recovery of various mobilephones, SIM cards and other articles during thepersonal search of the accused persons andrecovery of the revolver, cartridges, empties,motorcycles and the Qualis vehicle on the basisof the disclosure statements made by some of theaccused persons.

360

17A Evidence in the form of CA/Ballistic reports. 369

17B Evidence in the form of Call Detail Records anduse of mobile numbers by the accused persons.

370

17C Evidence in the form of CCTV footage. 382

17D Evidence regarding interception of the phone callmade by the accused no.12Chhota Rajan toPW.90Manoj Shivdasani.

384

17E Evidence regarding report of the voice analysis ofthe voice sample of the accused no.12ChhotaRajan.

399

17F Evidence regarding visit of J.Dey to London andPhilippines.

401

17G Evidence regarding visit of J.Dey to the UmaPalace Bar and Restaurant on 07/06/2011.

406

17H Evidence of witness who heard the sound offiring.

411

18 Objections regarding seizure of articles fromthe person of the accused at the time of theirarrest.

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18A Objections regarding seizure from the accusedno.1Rohee Tangappan Joseph @ Satish Kalya.

412

18B Objections regarding seizure from the accusedno.2Anil Waghmode.

419

18C Objections regarding seizure from the accusedno.4Nilesh Shedge.

420

18D Objections regarding seizure from the accusednos.5,6 & 7.

421

18E Objections regarding recovery of the IPhonesand IPad from the accused no.12Chhota Rajanand the data retrieved from the IPhone (Article291).

429

19 Objections regarding recoveries made fromthe accused persons in view of theirdisclosure statement.

19A Objections regarding recovery of the revolver,cartridges and empties from the accused no.1Rohee Tangappan Joseph @ Satish Kalya.

437

19B Objections regarding recovery of the Qualisvehicle (Article236) at the instance of theaccused no.2Anil Waghmode.

472

19C Objections regarding recovery of the motorcycle(Article261) and raincoat (Article254) at theinstance of the accused no.4Nilesh Shedge.

479

19D Objections regarding recovery of the motorcycle(Article240) at the instance of the accused no.6Mangesh Aagvane.

489

19E Objections regarding recovery of the motorcycle(Article233) at the instance of the accused no.7Sachin Gaikwad.

498

19F Objections regarding recovery of the mobilephone (article228) and Global roaming SIMcard (Article229) at the instance of the accusedno.10Paulson Palitara.

507

20 Objections regarding interception of the phonecall made by the accused no.12Chhota Rajan toPW.90Manoj Shivdasani.

507

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21 Objections regarding the CDRs and use of someof the mobile numbers by the accused persons.

508

22 Analysis of the corroborative evidence.

22A Analysis of the corroborative evidence withrespect to the confession made by the accusedno.5Arun Dake.

525

22B Analysis of the corroborative evidence withrespect to the various extrajudicial confessionsmade by the accused no.12Chhota Rajan.

536

22C Analysis of the other corroborative evidence. 540

23 Other submissions made by the Defence. 542

24 Discussion regarding point nos.4 & 5 (Offencesunder the Arms Act,1959).

554

25 Discussion regarding point no.6 (Offence underthe Bombay Police Act,1951).

558

26 Discussion regarding point nos.7 to 9 (Offencesunder the MCOC Act,1999).

561

27 Discussion regarding point no.10 (Offenceu/s.201 of the IPC).

588

28 Hearing on the point of sentence. 589

29 Operative part of the judgment. 592

(S.S. ADKAR) Exclusive Special Court constituted for the cases

under MCOCA/TADA/POTA AND OTHER SESSIONS CASESagainst the accusedRajendra Sadashiv Nikalje @ Chhota Rajan

Date : 02/05/2018

Place : Mumbai

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Exh1714

IN THE COURT OF MCOC SPECIAL JUDGE AT GREATER BOMBAY(Exclusive Special Court constituted for the cases under MCOCA/TADA/POTA AND OTHER SESSIONS CASES

against the accusedRajendra Sadashiv Nikalje @ Chhota Rajan)



MCOC SPECIAL CASE NO.15 OF 2016(CNR NO. MHCC020108492011)

The Central Bureau of Investigation, New Delhi (RC1 (S)2016/SCU.V /SCII /CBI /New Delhi), [Earlier, the State ofMaharashtra, at the instance of Inspector ofPolice, DCB CID, Mumbai, C.R.No.57/2011,Powai Police Station C.R. No.256/2011] .... Prosecution

Versus

1) Rohee Tangappan Joseph @ Rohi @Satish Kalya @ Sir, age: 42 years, occupation: Painter, r/o.Nityanand Chawl, Jawahar Nagar, GolibarRoad, Khar (E), Mumbai (presently lodgedat Mumbai Central Prison).

2) Anil Bhanudas Waghmode, age: 44 years, occupation: TransportBusiness, r/o. Amboli Naka, BhendivaliChawl, Chawl no.313, Andheri (West),Mumbai400 058 (presently lodged atMumbai Central Prison).

3) Abhijit Kashinath Shinde, age: 32 years, occupation: Nil, r/o. SionLaxmibaug Kadarbhai Chawl, RoomNo.105, Mumbai (presently lodged atMumbai Central Prison).

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4) Nilesh Narayan Shedge @ Bablu, age: 40 years, occupation: Vegetablevendor and the property broker, r/o. SionLaxmibaug, behind branch of Shivsena,Kadarbhai chawl, Room No.116, Mumbai400 022 (presently lodged at MumbaiCentral Prison).

5) Arun Janardan Dake, age: 35 years, occupation: Service, r/o.Subhashchandra Bose Nagar, Chembur, LalDongar, Mumbai400 071 (presentlylodged at Mumbai Central Prison).

6) Mangesh Damodar Aagvane @ Mangya,age: 31 years, occupation: Manager,Delight Galaxy Caterers. r/o. Gyan Ashram,Mahakali Gufa, Opp. Canosa High School,Andheri (East), Mumbai (presently lodgedat Mumbai Central Prison).

7) Sachin Suresh Gaikwad, age: 33 years, occupation: Mathadi worker,r/o. Sindhi Society, Chembur, NavjavanMitra Mandal, Chembur, Mumbai71(presently lodged at Mumbai CentralPrison).

8) Vinod Gowardhandas Asrani @ VinodSindhi @ Vinod Chembur. (Now deceased) – abated.

9) Deepak Dalvirsingh Sisodiya, age: 45 years, occupation: Business, r/o.Jitpurnegi, Rampur Road, Haldvani, VillageJitpur, Dist.Nainital, State : Uttarakhand(presently on bail).

10) Paulson Joseph Palitara, age: 52 years, occupation: Business, r/o.Emma Towers, 101, 15th Road, BehindHDFC Bank, Chembur, Mumbai400 071(presently on bail).

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11) Ms. Jigna Jitendra Vora, age: 42 years, occupation: Healingmeditation, r/o. Block No.11, SavitaBuilding, Shrimad Rajchandra Marg, OffTilak Road, Ghatkopar (E), Mumbai(presently on bail).

12) Rajendra Sadashiv Nikalje @ ChhotaRajan @ Nana @ Seth @ Sir, age: 61 years, occupation: Business atAustralia, r/o. 6/192 & 6/120, Tilak NagarColony, Chembur, Mumbai400 089.(Presently lodged at Tihar Jail, Jail No.2,New Delhi). …. Accused

And

13) Nayansingh Pratapsingh Bista ....Wanted accused no.1

14) Ravi Ram Rattesar ....Wanted accused no.2

CORAM : HIS HONOUR THE SPECIAL JUDGE MCOCA/SUSCA/POTA/NIA/TADA SHRI S.S. ADKAR. (COURT ROOM NO.57)

DATED : 02/05/2018.

SPP Shri P.D. Gharat for CBI/prosecutionAdvocate Shri S.M. Deshpande for accused nos.1,6 and 7.Advocate Shri Avinash Rasal for accused no.2.Advocate Shri Prakash Shetty for accused nos.5 & 11.Advocate Shri Anshuman Sinha & Advocate Shri Hasnain Kazi for accusednos.3,4 & 12.Advocate Shri Rajendra Rathod for accused nos.9 & 10.

JUDGMENT

1. Before stating anything about the case, this Court deems it fit to first

acknowledge the efforts made by the prosecution and the defence to

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ensure that the trial of this case is completed smoothly and at the earliest.

At times, there were situations in this case which had the potential of

derailing the trial. But the learned Advocates from both the sides by using

their experience and acumen ensured that the trial once started was never

derailed and that all the roadblocks were successfully overcome. This

Court received full cooperation from the prosecution and the defence.

The work ethics and conduct of the learned SPP Shri P.D. Gharat,

Advocate Shri Avinash Rasal, Advocate Shri Prakash Shetty, Advocate Shri

Anshuman Sinha a/w. Advocate Shri Hasnain Kazi, Advocate Shri Santosh

M. Deshpande and Advocate Shri Rajendra Rathod were exemplary.

PROSECUTION CASE2. All the accused herein are charged of committing the offences

punishable u/s.120B, 302 of the Indian Penal Code (Hereinafter referred

to as “IPC”) r/w. sections 3(1)(i), 3(2) & 3(4) of the Maharashtra Control

Of Organized Crime Act,1999 (Hereinafter referred to as the “MCOC

Act,1999”). Additionally, the accused no.1 is also charged for the offences

u/s. 3, 25 & 27 of the Arms Act,1959 and u/s. 37(1A) & 135 of the

Bombay Police Act,1951 (Now known as the Maharashtra Police Act).

Similarly, the accused nos.1 to 5, 9 & 10 are also charged for the offence

u/s.201 of the IPC.

3. The case of the prosecution is that the accused no.12Rajendra

Sadashiv Nikalje @ Chhota Rajan @ Nana @ Seth @ Sir (Hereinafter

referred to as “Chhota Rajan”) is the head of the Organized Crime

Syndicate of which the other accused persons are members. Jyoti

Nipendra Kumar Dey @ J.Dey (Hereinafter referred to as “J.Dey”) was a

senior Journalist in the daily 'MidDay'. He used to report matters relating

to the underworld. J.Dey had written several articles against the accused

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no.12Chhota Rajan. He had also written two books namely “Zero Dial”

and “Khallas” making some negative references to the accused no.12

Chhota Rajan. J.Dey was in process of getting two more books published,

one of which was titled as “ChindiRags to Riches” and another book was

relating to his arch rival Dawood Ibrahim. As per the prosecution, the

book “ChindiRags to Riches” was the story of the rise of accused no.12

Chhota Rajan in the underworld.

4. It is the case of the prosecution that the accused no.12Chhota

Rajan did not like the comments made by J.Dey in some of the articles

written and posted by him relating to him. Also, the accused no.12Chhota

Rajan did not like the fact that in the articles written by J.Dey, he was not

only shown in bad light but he was also shown to be in a weaker position

than his arch rival Dawood Ibrahim. As per the prosecution, the word

“chindi” means “to abuse and insult” and such term is used to refer to a

person who is below par or of low standard. It is also the further case of

the prosecution that in the book “ChindiRags to Riches” J.Dey was going

to expose the fake patriotism of the accused no.12Chhota Rajan and his

desire to secure himself and amass wealth for his family. The book also

proposed to disclose that the accused no.12Chhota Rajan had no concern

for those who gave their lives for his cause. The contents of the said book

were somehow leaked and came to the knowledge of the accused no.12

Chhota Rajan. He then tried to persuade J.Dey to desist from writing

anything against him. But J.Dey did not succumb to the pressure exerted

by the accused no.12Chhota Rajan.

5. On 30/05/2011 and 02/06/2011, J.Dey wrote two news articles

(Exh.752 colly) against the accused no.12Chhota Rajan in the daily 'Mid

Day'. These stories were titled as “DID RAJAN PLAN HIT ON KASKAR?”

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and "FEARING DGANG BACKLASH... RAJAN GANGSTERS OFF TO

'PILGRIMAGES'”. These articles infuriated the accused no.12Chhota

Rajan. As the accused no.12Chhota Rajan feared that if he was portrayed

in such a manner he would loose his hold and influence in the underworld

and that the Society will stop fearing him thereby adversely affecting his

illegal activities which would ultimately cause financial loss to him, a

conspiracy was hatched at his instance to eliminate J.Dey.

6. In pursuance of the conspiracy, the accused no.12Chhota Rajan

contacted the accused no.1Rohee Tangappan Joseph @ Satish Kalya.

Thereafter, the accused no.1Rohee Tangappan Joseph @ Satish Kalya

roped in the accused nos.2 to 7 for completing the task. After that, on the

instructions of the accused no.12Chhota Rajan he went to Chembur and

collected Rupees Two lacs and one global roaming SIM card from an

unknown person. The accused no.1Rohee Tangappan Joseph @ Satish

Kalya took the accused no.2Anil Waghmode, the accused no.3Abhijit

Shinde and the accused no.4Nilesh Shedge along with him to Nainital.

From there, he obtained two revolvers and cartridges from the accused

no.9Deepak Sisodiya and the wanted accused no.1Nayansingh Bista.

7. On the instructions of the accused no.12Chhota Rajan, on

07/06/2011, the deceased accused no.8Vinod Asrani called J.Dey and

PW.73Sanjay Prabhakar to the Uma Palace Bar and Restaurant, Mulund

for the identification of J.Dey by the accused no.2Anil Waghmode and the

accused no.5Arun Dake and accordingly, the identity of J.Dey was fixed.

Thereafter, on 09/06/2011, the accused no.1Rohee Tangappan Joseph @

Satish Kalya and the accused no.2Anil Waghmode kept a watch on J.Dey

near his Office for confirmation of the target. On 10/06/2011, the accused

nos.1 to 7 kept a watch on the house of the mother of J.Dey at Ghatkopar

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(W) but they did not find J.Dey there. Therefore, they tried to find J.Dey

near his Office. But J.Dey was not found there also.

8. On 11/06/2011, when the accused nos.1 to 7 were again keeping a

watch on the house of the mother of J.Dey at Ghatkopar (W), they saw

J.Dey there in the afternoon. When J.Dey went out on his motorcycle, they

followed him on three motorcycles and one Qualis vehicle. At about 03:00

pm, when J.Dey was driving his motorcycle and when he was near the

gate of Crisil House Building, Hiranandani Garden, Powai, Mumbai and

when J.Dey reached near the D'Mart Shopping Mall at Powai, the accused

no.1Rohee Tangappan Joseph @ Satish Kalya who was the pillion rider

on the motorcycle which was being driven by the accused no.5Arun Dake

fired one round at J.Dey. When J.Dey stopped his motorcycle, the accused

no.1Rohee Tangappan Joseph @ Satish Kalya fired four more rounds at

J.Dey from his revolver. Thereafter, all of them fled from that spot on their

respective vehicles. J.Dey was rushed to the Hiranandani Hospital, Powai

where he was declared brought dead.

9. At about 03:00 pm to 03:30 pm, PW.1Sandip Shikhre who was

working an Assistant to PI (Law and Order), Police Station, Powai

received a telephonic information about the incident and he intimated this

fact to PW.2PI Tivatane who was attached to the Police Station, Powai.

PW.2PI Tivatane made the station diary entry (Exh.294) about the receipt

of the information and then proceeded towards the spot along with

PW.137PSI Rane. In the meantime, PW.3Prakash Vaval and PW.85HC

Kashinath Jadhav, who were assigned the duty as Beat Marshals in that

area, on receiving telephonic information about the incident from one Shri

Kishor Bhosle who was working as an orderly of the Senior PI, Police

Station, Powai went to the spot and ensured that the spot of the incident

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was secured by keeping the general public away from the spot. When

PW.2PI Tivatane and PW.137PSI Rane reached the spot, they came to

know that J.Dey was taken to the Hiranandani Hospital, Powai with the

help of security guards PW.23Sanjay Singh and PW.24Zakirullah Qureshi

of the Hiranandani area. After instructing PW.3Prakash Vaval not to

permit the general public to come near the spot, both of them went to the

Hiranandani Hospital, Powai where they were informed by the Doctor that

J.Dey had expired (brought dead) before he could be admitted in the

Hospital. On seeing the bullet marks on the body of J.Dey, PW.2PI

Tivatane, directed PW.137PSI Rane to record the FIR. Accordingly, the

FIR (Exh.290) bearing crime no.256/2011 was registered with the Police

Station, Powai against unknown persons. On the directions of PW.2PI

Tivatane, the inquest panchanama (Exh.305) was drawn by PW.137PSI

Rane in presence of panch PW.5Girish Mishra and Shri Prakash Wadkar

who were called for. PW.8Bhushan Kumar was called to the Hospital for

taking the photographs (Exh.489 colly) of the dead body of J.Dey.

PW.137PSI Rane seized the clothes which J.Dey was wearing at the time

of the incident and other articles found on his person vide seizure

panchanama (Exh.306). Thereafter, PW.2PI Tivatane and PW.137PSI

Rane returned to the spot along with one person by name Javed Ahmed

Mohd. Ibrahim Ansari who showed the spot to them. The spotcumseizure

panchanama (Exh.1377) was prepared, PW.137PSI Rane seized the

Pulsar motorcycle of J.Dey (Article39), the lead (Article215) which was

found near the spot, the helmet of J.Dey (Article36) etc.. After the

proceedings on the spot were complete, PW.2PI Tivatane and PW.137PSI

Rane returned to the Police Station, Powai and a station diary entry

(Exh.295) was made regarding the above mentioned proceedings.

10. On the next day, i.e. on 12/06/2011, the investigation was

15

transferred to Crime Branch in view of the gravity of the offence and the

case was renumbered as crime no.57/2011 of Crime Branch, Mumbai.

PW.141PI Gosavi and PW.142API Datir were the Investigating Officers

and PW.133API Gopale, PW.134PI Pasalwar and PW.136PI Shripad Kale

assisted in the investigation.

11. During the course of the investigation, on 26/06/2011, the accused

no.1Rohee Tangappan Joseph @ Satish Kalya, the accused no.2Anil

Waghmode and the accused no.3Abhijit Shinde were arrested by PW.136

PI Kale. On the day same day, the accused no.4Nilesh Shedge was

arrested by PW.133API Gopale and the accused no.5Arun Dake, the

accused no.6Mangesh Aagvane & the accused no.7Sachin Gaikwad were

arrested by PW.134PI Pasalwar. Various mobile phones and SIM cards

were seized from the person of the accused nos.1,2,4 to 7. In view of the

disclosure statement made by the accused no.1Rohee Tangappan Joseph

@ Satish Kalya the revolver, 20 cartridges and 5 empties which were used

in the crime were recovered. Similarly, in view of the disclosure

statements made by the accused nos.2,4,6 and 7, the motorcycles and the

Qualis vehicle used by the accused nos.1 to 7 at the time of the incident

were also recovered. Also, the interrogation of the accused nos.1 to 7

revealed that the crime in question was an organized crime which was

committed at the instance of the accused no.12Chhota Rajan who was

absconding at that time. During the course of the investigation, the

deceased accused no.8Vinod Asrani was arrested on 02/07/2011 by

PW.133API Gopale.

12. During the investigation, it was also revealed that the deceased

accused no.8Vinod Asrani had called J.Dey for dinner at Uma Palace Bar,

Mulund on 07/06/2011 at about 08:30 pm to facilitate his identification

16

by the accused persons for the purpose of eliminating him. Similarly, the

accused no.9Deepak Sisodiya and the wanted accused no.1Nayansigh

Bista had provided the revolver and bullets to the accused no.1Rohee

Tangappan Joseph @ Satish Kalya thereby facilitating the organized crime

of committing murder of J.Dey. It was revealed that the accused no.10

Paulson Palitara had provided global SIM cards and Rs.2 Lacs to the

members of the Organized Crime Syndicate for facilitating their

communication with each other and particularly with the accused no.12

Chhota Rajan and for financing and facilitating the activities of the

Organized Crime Syndicate. It was also revealed that the accused no.11

Ms.Jigna Vora had provided important information about J.Dey such as

his photograph, motorcycle number, addresses and timing etc., to the

accused no.12Chhota Rajan for facilitating his identification for the

commission of his murder.

13. During the course of the investigation, the statement of witnesses

including the witnesses to whom the accused no.12Chhota Rajan had

made extrajudicial confession were recorded, confessional statements of

the accused nos.5,9 & 10 u/s.18 of the MCOC Act,1999 were recorded, the

CDRs of the mobile numbers and the mobile phones used in committing

the offence were collected and the Test Identification Parade was held.

The revolver, cartridges and the empties recovered at the instance of the

accused no.1Rohee Tangappan Joseph @ Satish Kalya and other seized

articles were sent for chemical/ballistic analysis.

14. As prima facie, it was a case of an organized crime committed by the

Organized Crime Syndicate of the accused no.12Chhota Rajan, the

proposal for approval was forwarded to the Competent Authority (Joint

Commissioner of Police, Brihan Mumbai) by PW.142API Datir for

17

invoking the provisions of the MCOC Act,1999. Accordingly, on

07/07/2011, the approval u/s.23(1) of MCOC Act,1999 (Article285) was

granted by the Competent Authority (Joint Commissioner of Police, Brihan

Mumbai) for the prosecution of the accused persons for the offences under

the MCOC Act,1999 and on the same day, the investigation of the case

was transferred to PW.143ACP Duraphe. After PW.143ACP Duraphe took

over the investigation, the accused no.9Deepak Sisodiya was brought to

Mumbai from Nainital and after interrogation he was arrested on

22/07/2011. The accused no.10Paulson Palitara was arrested on

05/09/2011 by PW.133API Gopale and the accused no.11Ms.Jigna Vora

was arrested on 25/11/2011 by PW.143ACP Duraphe. In view of the

disclosure statement made by the accused no.10Paulson Palitara, one

mobile and one Global roaming SIM card was recovered. The sanction

u/s.23(2) of the MCOC Act,1999 (Exh.250) was issued by PW.149CP

Patnaik on 13/10/2011. The necessary sanction (Exh.252) under the Arms

Act,1959 was also granted by PW.154DCP Smt.Sheela Sail. After the

arrest of the accused no.11Ms.Jigna Vora, fresh sanction u/s.23(2) of the

MCOC Act,1999 (Exh.251) was issued by PW.149CP Patnaik.

15. After the investigation was completed, the chargesheet u/s.173(2)

of the Cr.P.C.,1973 came to be filed against the accused nos.1 to 12. That

case was registered as MCOC Special Case no.19/2011. Thereafter, the

further investigation was carried out in so far as the accused no.11

Ms.Jigna Vora was concerned and the supplementary chargesheet was

filed against her. That case was registered as MCOC Special Case

no.07/2012.

16. It may be noted that the accused no.12Chhota Rajan was arrested

in October 2015 at Bali, Indonesia and then he was brought to India and

18

lodged at Tihar Jail, New Delhi in connection with Case

No.RC.7(A)/2015/SCU.V/SCII/CBI/New Delhi. On 06/01/2016, the

Hon'ble Lt.Governor, New Delhi passed order u/s.268 Cr.P.C.,1973 by

which the accused no.12Chhota Rajan was directed not to be moved out

of the Tihar Jail, New Delhi on the ground there was a threat to his life.

17. At this stage, it is necessary to state that prior to the arrest of the

accused no.12Chhota Rajan, this matter was being dealt with by the

regular MCOC Court. The then learned Presiding Officer had framed

charge against the accused nos.1 to 7 and 9 to 11 vide Exh.208. They had

pleaded not guilty and claimed to be tried. As the accused no.8 had

expired, the proceedings as against him stood abated. After framing the

charge, six witnesses were examined by the prosecution. But thereafter, as

the accused no.12Chhota Rajan came to be arrested in October 2015, the

trial could not proceed for some time. After the accused no.12Chhota

Rajan was brought to India from Bali, Indonesia the State of Maharashtra

thought it proper to constitute a Special Court for dealing with all the

cases in which the accused no.12Chhota Rajan was allegedly involved as

there were many cases registered against him. Also, the State of

Maharashtra was of the view that all the matters involving the accused

no.12Chhota Rajan should be transferred to the CBI for further

investigation. Accordingly, vide notification dated 29/01/2016 this Special

Court was constituted for dealing with all the cases under

MCOC/TADA/POTA/SESSIONS involving the accused no.12Chhota

Rajan. This Special Court started functioning from 01/02/2016. Similarly,

all the cases under MCOC/TADA/POTA/SESSIONS registered against the

accused no.12Chhota Rajan were transferred to the CBI for further

investigation.

19

18. The accused no.12Chhota Rajan was taken in judicial custody in

connection with this case on 07/01/2016 and thereafter, the further

investigation was carried out u/s.173(8) of Cr.P.C.,1973. During the

further investigation, one Ravi Ram Rattesar who was earlier identified as

a prosecution witness by the DCB, CID was arrayed as the wanted accused

no.2. After the further investigation was completed, the supplementary

chargesheet was filed against the accused no.12Chhota Rajan. That case

was registered as MCOC Special Case no.15/2016.

19. It may be noted that by the order dated 07/07/2017 a nonbailable

warrant was issued against the wanted accused no.2Ravi Ram Rattesar

for securing his presence. But his presence could not be secured.

Therefore, by the order dated 31/07/2017, a standing nonbailable

warrant was issued against him. Thereafter, proclamation was issued

against him on 10/10/2017. But the wanted accused no.2Ravi Ram

Rattesar failed to appear before this Court. As such, a red corner notice

was issued against him. Thereafter, the location of the wanted accused

no.2Ravi Ram Rattesar was traced at UAE and the extradition

proceedings were initiated against him. But till the time of this judgment

he was not brought to India.

20. After the prosecution filed the supplementary chargesheet against

the accused no.12Chhota Rajan on 05/08/2016, this Court framed the

charge against him for the offences u/s. 120B, 302 & 109 of the IPC r/w.

3(1)(i), 3(2) & 3(4) of the MCOC Act,1999 vide Exh.438. On explaining

the charge in vernacular, the accused no.12Chhota Rajan pleaded not

guilty and claimed to be tried.

21. It may also be noted that after the charge was framed against the

20

accused no.12Chhota Rajan an opportunity was granted to him and to all

the other accused to crossexamine the witnesses who were examined

earlier. Accordingly, some of the witnesses were recalled and cross

examined.

22. The prosecution has examined 155 witnesses and relied upon

various documents. The prosecution closed its evidence by filing pursis

(Exh.1548). Thereafter, the statement of the accused nos.1 to 7, 9 to 12

u/s.313(b) of Cr.P.C.,1973 was recorded vide Exhs.1567 to 1571,

Exh.1577, Exh.1578, Exh.1572, Exh.1573, Exh.1576 and Exh.1591

respectively. In addition, the accused persons were directed/permitted to

file written statement u/s.313(5) of Cr.P.C.,1973 in order to ensure that

complete opportunity is given to them to explain any circumstance

appearing in evidence against them. But only the accused nos.1,2 and 3

filed their written statements (Exh.1567A, Exh.1568A and Exh.1573A

respectively). The remaining accused persons made a statement that they

did not want to file any written statement. This fact has been recorded in

the roznama dated 29/01/2018 & 31/01/2018.

23. Heard both sides. The learned SPP and the learned Advocates for

the defence have orally advanced their arguments in detail. By filing

written notes of arguments they have also raised certain other points. This

Court has perused the written notes of arguments filed on behalf of the

prosecution (Exh.1691) and on behalf of the accused nos.1,6 and 7

(Exh.1702), the accused nos.3 and 4 (Exh.1707 and 1708), the accused

nos.5 and 11 (Exh.1677 and 1711) and the accused no.12 (Exh.1705). In

view of the provisions of section 172(2) of Cr.P.C.,1973, this Court has

also gone through the available Police diaries of this case. Both the sides

have relied upon various case laws in support of their arguments. They are

21

being considered at appropriate places in the judgment.

24. In the light of the facts of the case and the submissions made on

behalf of the parties, the following points arise for consideration and the

findings thereon are recorded as under, for the reasons to follow:

SR.NO. POINTS FINDINGS

1 Whether it is proved that the death of J.Dey washomicidal?

Yes.

2 Whether it is proved that the accused nos.1 to 7and 9 to 12, the deceased accused no.8 along withthe wanted accused nos.1 & 2, agreed to commitan illegal act i.e. to commit or caused to be committhe murder of J.Dey on 11/06/2011 at about03:00 pm at Crisil House Building out gate,Hiranandani Garden, Powai and thereby theaccused nos.1 to 7 and 9 to 12 have committed anoffence u/s.120B of the IPC?

Yes. Except as

against theaccused

nos.10 & 11.

3 Whether it is proved that the accused nos.1 to 7and 9 to 12, the deceased accused no.8 along withthe wanted accused nos.1 & 2, in pursuance to theabove mentioned criminal conspiracy, committedor caused to be committed the murder of J.Dey on11/06/2011 at about 03:00 pm at Crisil HouseBuilding out gate, Hiranandani Garden, Powai andthereby the accused nos.1 to 7 and 9 to 12 havecommitted an offence u/s.302 r/w 120B of theIPC?

Yes. Except as

against theaccused nos.9,

10 & 11.

4 Whether it is proved that in furtherance of thecriminal conspiracy and during the course of sametransaction the accused no.1 on 11/06/2011 didpossess a firearm viz.. revolver without any validlicense and thereby the accused no.1 hascommitted an offence u/s.3 punishable u/s.25(1B)(a) of the Arms Act,1959?

Yes.

22

5 Whether it is proved that in furtherance of thecriminal conspiracy and during the course of sametransaction the accused no.1 on 11/06/2011 diduse a firearm viz.. revolver without any validlicense for committing the murder of J.Dey andthereby the accused no.1 has committed an offenceu/s.5 punishable u/s. 27 of the Arms Act,1959?

Yes.

6 Whether it is proved that in furtherance of thecriminal conspiracy and during the course of sametransaction the accused no.1 on 11/06/2011 didpossess firearm viz.. revolver in contravention ofthe prohibitory order issued on 21/05/2011 by theOffice of the Commissioner of Police, Mumbai andthe accused no.1 has thereby committed an offencepunishable u/s.37(1)(a) r/w. 135 of the Bombay(Maharashtra) Police Act,1951?

No.

7 Whether it is proved that the accused no.12 alongwith the accused nos.1 to 7, the accused nos.9 to11, the deceased accused no.8 along with wantedaccused nos.1 & 2 being the members of theOrganized Crime Syndicate as defined u/s.2(f) ofthe MCOC Act, 1999 headed by the accused no.12did conspire to continue unlawful activity and tocommit organized crime as defined u/s.2(e) of theMCOC Act, 1999 i.e. on 11/06/2011 at about03:00 pm at Crisil House Building out gate,Hiranandani Garden, Powai, committed murder ofJ.Dey by using firearm with the objective ofgaining pecuniary benefits or gaining undueeconomic or other advantage and thereby theaccused nos.1 to 7 and the accused nos.9 to 12have committed an offence punishable u/s.3(1)(i)of the MCOC Act,1999?

Yes. Except as

against theaccused nos.9,

10 & 11.

8 Whether it is proved that the accused nos.1 to 7and 9 to 12, the deceased accused no.8 along withthe wanted accused nos.1 & 2 conspired, abettedand/or facilitated the commission of the aforesaidorganized crime and/or acts preparatory toorganized crime and thereby the accused nos.1 to

Yes. Except as

against theaccused nos.

10 & 11.

23

7 and 9 to 12 have committed an offencepunishable u/s.3(2) of the MCOC Act, 1999?

9 Whether it is proved that the accused nos.1 to 7,the accused nos.9 to 12, the deceased accused no.8and the wanted accused nos.1 & 2, during theperiod of 10 years preceding to 11/06/2011formed an Organized Crime Syndicate as definedu/s.2(f) of MCOC Act, 1999 under leadership ofthe accused no.12 and the accused nos.1 to 7,accused nos.9 to 12 were members of saidOrganized Crime Syndicate and thereby theaccused nos.1 to 7 and 9 to 12 have committed anoffence punishable u/s.3(4) of the MCOC Act,1999?

Yes. Except as

against theaccused nos.

10 & 11.

10 Whether it is proved that in furtherance of thecriminal conspiracy and during the course of sametransaction the accused nos.1 to 5, 9 and 10destroyed the mobile phones and SIM card used inthe crime with the intention of screening theoffender from legal punishment and thereby theaccused nos.1 to 5, 9 and 10 have committed anoffence punishable u/s.201 of the IPC?

No.

11 What order? As per finalorder.

REASONS

25. In order to prove its case, the prosecution has examined the

following witnesses:

SR.NO.

PWNO.

NAME EXH. NO.

ROLE

1 1 Sandip Rangnath Shikhre 288 Assistant to Police Inspector whoreceived the information about

24

SR.NO.

PWNO.

NAME EXH. NO.

ROLE

the incident on phone andforwarded the said informationto the PI, Police Station, Powai.(PW.2)

2 2 Mahavir NeminayhTivatane

289 Police Inspector on whoseinformation the FIR wasregistered. (Informant)

3 3 Prakash RamchandraVaval

297 Day Beat Marshal in whosepresence the lead found near thespot, motorcycle & helmet ofJ.Dey were seized.

4 4 Bapusaheb DnyaneshwarPawar

299 Police Officer who deposited theXray plates, 5 bottles & lettersand the death certificate ofJ.Dey given by the Doctor in thePolice Station, Powai.

5 5 Girish Ramdhari Mishra 304 Panch witness.

6 6 Suhas Purushottam Joshi 340 He prepared the sketch map ofthe spot of the incident.

7 7 Ms.Shubha Sharma 479 Wife of J.Dey.

8 8 Bhushan Kumar Singh 488 He took photographs of the deadbody of J.Dey.

9 9 Malang Ismail Sheikh 492 Panch witness.

10 10 Habib Jamal Mansuri 503 Panch witness.

11 11 Vikram Gulabchand Jain 511 Panch witness.

12 12 Mohd. Ayub Mohd. UmarMogal

518 Panch witness.

25

SR.NO.

PWNO.

NAME EXH. NO.

ROLE

13 13 Manik Kapurchand Raja 525 Panch witness.

14 14 Arshad Ahmed Memon 537 His documents were used forobtaining the SIM card of mobileno.9987917765 by the accusedno.2.

15 15 Banka Amarnath Gaud 538 His documents were used forobtaining the SIM card of mobileno.9892020185 by the accusedno.1.

16 16 Sanjay Shivaji Kamble 544 His documents were used forobtaining the SIM card of mobileno.8652449019 by the accusedno.5.

17 17 Siddarth Rajendra Kale 547 He had given the SIM of mobileno.9987017977 to his friendPW.19Pramod who lost the SIMcard and it was used by andseized from the accused no.5.

18 18 Mohd. Abbas Jilani 553 Panch witness.

19 19 Pramod Tukaram Tambe 555 He had taken the SIM of mobileno.9987017977 from his friendPW.17Siddarth Kale which hethen lost and it was used by andseized from the accused no.5.

20 20 Suresh Shivnath Avad 562 Police Officer who filed chargesheet in Crime no.3/2005.(previous chargesheet)

21 21 Ramesh ManoharPargunde

570 Police Officer who filed chargesheet in Crime nos.86/2005 and87/2005.(previous chargesheet)

22 22 Narsihn Shrinivas 572 Fatherinlaw of J.Dey.

26

SR.NO.

PWNO.

NAME EXH. NO.

ROLE

Sharma

23 23 Sanjay HarinarayanSingh

578 One of the security guards ofHiranandani who lifted andplaced J.Dey in a car for takinghim to the Hospital.

24 24 Zakirullah KarimullahQureshi

579 One of the security guards ofHiranandani who saw J.Deybeing placed in the car.

25 25 Shiva ShukhranjanDevnath

583 Journalist who was associatedwith J.Dey in his Office.

26 26 Dinesh Pundlik Arekar 593 Officer of the RTO who hadgiven the details of themotorcycle no.MH02AN4648which was used in the crime.

27 27 Yogesh Ganpat Shitap 594 Engineer from whom the Policehad seized the CCTV footage inCDs and the hard disk in whichthe CCTV footage was recorded.

28 28 Dattatray Tanaji Chavan 599 Owner of the motorcycle no.MH02AN4648 which was used inthe crime.

29 29 Dnyandev PandharinathSangle

602 Officer of the RTO who hadgiven the details of the ToyotaQualis vehicle no.MH12CD7701 which was used in thecrime.

30 30 Dattatray RaghunathMore

604 Owner of the motorcycle no.MH01AF8843 which was used inthe crime.

31 31 Suresh Sadhu Waghmare 608 Owner of the motorcycle no.MH

27

SR.NO.

PWNO.

NAME EXH. NO.

ROLE

06AH4891 which was used inthe crime.

32 32 Pramod RatnakarChavanke

612 He deposited the seizedmuddemal with the FSL,Kalinafor chemical analysis.

33 33 Murtuza TayyabEranpurwala

615 Accused no.11 had given herSamsung Galaxy Tab 16 GBmodel to him for use.

34 34 Chandrashekar KrushnaAwle

624 Friend of accused no.10.

35 35 Jacob George 625 Friend of J.Dey.

36 36 Amritpal Gurmeet SinghSanotra

626 Friend of J.Dey.

37 37 Shaikh Sajid Ibrahim 627 He purchased a Blackberrymobile phone from PW.39SalihHaji who had purchased it froma lady.

38 38 Vikram Devender Ahuja 628 Friend of accused no.11. He hadgiven the SIM card of mobile no.9870011000 to her for use.

39 39 Salih Yusuf Haji 632 He purchased a Blackberrymobile phone from a lady whichaccording to the prosecution wasthe accused no.11.

40 40 Sunil Kumar Mehrotra 637 Reporter to whom accused no.1had made extrajudicialconfession.

41 41 Akash Ashwin Shah 639 His company was approached byJ.Dey for publishing a book on

28

SR.NO.

PWNO.

NAME EXH. NO.

ROLE

Dawood Ibrahim.

42 42 Rajan Chandrakant Seth 641 Friend of J.Dey.

43 43 Vilas RamchanderSamant

645 He was informed by the son ofthe deceased accused no.8 thatJ.Dey was planning to killaccused no.12 through DawoodIbrahim & Chhota Shakil.

44 44 Atul Vidyasagar Sharma 646 Friend of J.Dey.

45 45 V.R.Divakaran 647 Friend of J.Dey.

46 46 Ms.Poornima ShriramSwaminathan

650 Colleague of J.Dey who wasworking along with him onbooks relating to the accusedno.12 and Dawood Ibrahim.

47 47 Ganesh Narayan Rai 655 He was examined to show thataccused no.12 used to givethreats to people to get his workdone and that wanted accusedno.2Ravi Rattesar was his gangmember.

48 48 Ravikumar RoopchandArora

656 He was examined to show thataccused no.12 used to givethreats to people to get his workdone and that wanted accusedno.2Ravi Rattesar was his gangmember.

49 49 Prasad Gopal Kotian 657 He was examined to show thataccused no.12 used to givethreats to people to get his workdone and that wanted accusedno.2Ravi Rattesar was his gang

29

SR.NO.

PWNO.

NAME EXH. NO.

ROLE

member.

50 50 Indukumar Shashi Amin 658 Accused no.12 had phoned andabused him.

51 51 Nilesh Dinkar Paradkar 663 Exmember of the gang of theaccused no.12.

52 52 Prashant LaxmanDeshmukh

664 Exmember of the gang of theaccused no.12.

53 53 Abbas Ismail Sheikh 670 Panch witness.

54 54 Ashok Rammrut Singh 676 He was working as the Managerof the Uma Palace Bar &Restaurant, Mulund and hadseen J.Dey with the deceasedaccused no.8 in that Bar on07/06/2011.

55 55 Rajiv Bhaskar Mane 681 He was the original owner of themotorcycle bearing registrationno.MH01AF8843 which wasused in the crime.

56 56 Dr. Shivaji VishnuKachare

684 He had seen J.Dey along withthe deceased accused no.8 on07/06/2011 in the Uma PalaceBar and Restaurant, Mulund.

57 57 Paresh Nanji Rathod 696 Panch witness.

58 58 Pradeep BabubhaiRathod

709 Panch witness.

59 59 Mukesh MadanmohanGupta

713 He was working with the JetAirways at the relevant time. Hegave the details of the travel ofthe deceased accused no.8 of

30

SR.NO.

PWNO.

NAME EXH. NO.

ROLE

June 2011.

60 60 Mahesh Tahsildar Singh 717 Watchman of Uma Palace Bar &Restaurant, Mulund who hadseen the deceased accused no.8along with J.Dey in the UmaPalace Bar & Restaurant,Mulund on 07/06/2011.

61 61 Kiran PandurangKhandagale

719 He was the driver of thedeceased accused no.8.

62 62 Ms.Geetanjali MangeshShirsat

721 She was working with theKingfisher Airlines at therelevant time. She gave thedetails of the travel of thedeceased accused no.8 of June2011.

63 63 Nasiruddin Mohd. AliKhan

725 Panch witness.

64 64 Deepak Govind Patel 737 He was working with thedeceased accused no.8 at therelevant time.

65 65 Abdul Sajid Mustaq 740 He purchased and then sold aBlackberry mobile phone whichwas allegedly used by theaccused no.11.

66 66 Sahil Ramesh Joshi 741 Reporter to whom his colleague(PW.100) had told that theaccused no.12 had made extrajudicial confession to him onphone.

67 67 Pradip Parshuram Kadam 746 He was examined to show thatwhile the deceased accused no.8

31

SR.NO.

PWNO.

NAME EXH. NO.

ROLE

was on bail in another criminalcase, he had jumped theconditions of bail and that thiswitness had filed the applicationbefore the concerned Court forthe cancellation of his bail.

68 68 Sachin Ramesh Kalbag 751 He was working in the daily'MidDay' at the relevant time.He was interviewed by the'NDTV India' news channelregarding involvement of theaccused no.12 in the presentcase.

69 69 Santosh Sakharam Desai 755 Police Naik in whose presencethe DVD containing theinterview of the accused no.12given to the 'NDTV India' newschannel was seized.

70 70 Sunny JagmohansinghSidana

757 Panch witness.

71 71 Arvind VidyasagarUpadhyaya

759 Accused no.10 had used hisdocuments to get the mobileno.9768630692 which was usedin the crime.

72 72 Ramjatan Lalta Patel 766 Security guard who was presenton the spot at the time of theincident. He had seen J.Deyfallen on the road and saw theassailants fleeing from the spoton their motorcycles.

73 73 Sanjay Prabhakar s/oJagdishprasad Mandal

767 Press Reporter and friend ofJ.Dey who had gone along withhim to the Uma Palace Bar andRestaurant, Mulund on

32

SR.NO.

PWNO.

NAME EXH. NO.

ROLE

07/06/2011.

74 74 Pramod Bhau Sawant 773 API who intercepted telephonicconversation between theaccused no.12 and PW.90ManojShivdasani.

75 75 Jayesh Pundlik Mhatre 782 Technician from whom thePolice had seized the CCTVfootage of 11/06/2011 (Date ofthe incident)

76 76 Jitendra Ram Dixit 787 Correspondent to whom theaccused no.12 had made extrajudicial confession on phone.

77 77 Sanjeev Devasia 790 Principal Correspondent of thedaily 'MidDay' who hadpublished the “first personaccount” of PW.73SanjayPrabhakar regarding his meetingwith J.Dey and the deceasedaccused no.8.

78 78 SunilkumarMangalprasad Singh

796 Correspondent to whom theaccused no.12 had made extrajudicial confession on phone.

79 79 Rajesh Sakharam Revale 798 Ward boy of the HiranandaniHospital who removed theclothes from the dead body ofJ.Dey and handed over them tothe Police.

80 80 Murtuza Yusuf Diwan 802 Friend of accused no.11 whohad surrendered the mobilephones and memory card whichwere used by her to the Police.

33

SR.NO.

PWNO.

NAME EXH. NO.

ROLE

81 81 Nilesh Ranjitbhai Desai 808 The accused no.11 had given aBlackberry mobile phone to hiswife.

82 82 Amir Khan 809 Friend of the accused no.10 whowas present in the meetingwhich took place the accusedno.10 and the accused no.11prior to the incident.

83 83 Nishit Harish Chauhatiya 810 Friend of the accused no.10 whoarranged for a meeting betweenhim and the accused no.11 priorto the incident.

84 84 Bhaskar Shankar Gode 812 Police Constable in whosepresence the CDs containing theCCTV footage of HiranandaniShopping center of 11/06/2011(The date of the incident) wereseized.

85 85 Kashinath Santu Jadhav 819 Head Constable in whosepresence the panchanamaregarding finding of an emptylead lying near the spot,motorcycle and the helmet ofJ.Dey was drawn.

86 86 Balkrushnan RamaswamiGovendar

821 He had purchased a secondhand Samsung C5212 mobilephone from a vendor whichoriginally belonged to theaccused no.11 and was used byher.

87 87 Nikhil Subash Dixit 826 Journalist to whom the accusedno.12 had made extrajudicialconfession on phone.

34

SR.NO.

PWNO.

NAME EXH. NO.

ROLE

88 88 Sunil BhanudasWaghmode

834 Brother of the accused no.2. Hewas using the mobile phone ofthe accused no.2 which wasused in the crime.

89 89 Girish Kisan Sargar 835 After the incident, he droppedsome of the accused persons at adabha at Mira road in his tempo.

90 90 Manoj Arjun Shivdasani 841 The accused no.12 had spokenwith him on phone about themurder of J.Dey.

91 91 Bhaskar Ratan Patole 851 He deposited articles withFSL,Kalina for forensic analysis.

92 92 Ms.Rubina Isral Ansari 852 She gave a SIM card of mobileno.8652580503 to the wife ofthe accused no.5 and the saidSIM card was used by him in thecrime.

93 93 Ms.Lata Arun Dake 856 Wife of the accused no.5. Sheconfirmed the fact that PW.92had given a SIM card to her.

94 94 Suresh Nivrutti Ramraje 858 He deposited articles withFSL,Kalina for forensic analysis.

95 95 Kailas BhalchandraKomlekar

859 He deposited Xray plates andPostmortem report of J.Deywith FSL,Kalina for forensicanalysis.

96 96 Prasad Sharad Shah 860 Brotherinlaw of the accusedno.10 to whom he had givensome money for giving it to thewanted accused no.2Ravi

35

SR.NO.

PWNO.

NAME EXH. NO.

ROLE

Rattesar.

97 97 Sudhakar PremanandKokate

862 He deposited articles withFSL,Kalina for forensic analysis.

98 98 Sambhaji Shivaji Jagdale 863 Police Havaldar who executedthe order promulgated under theArms Act,1959 prohibitingcarrying of weapons at therelevant time.

99 99 Vijay LakshmikantChauhan

864 Brotherinlaw of accused no.5.He gave the SIM card of mobilenumber 8652449019 to him foruse and the same was used bythe accused no.5 in the crime.

100 100 Aariz Chandra 866 Journalist to whom the accusedno.12 had made extrajudicialconfession on phone.

101 101 Deepak Budhaji Kamble 871 Police Havaldar who along withPW.98 executed the orderpromulgated under the ArmsAct,1959 prohibiting carrying ofweapons at the relevant time.

102 102 Sunil Rajaram Raut 877 Friend of accused no.10. Theaccused no.10 had phoned himfrom the international mobilenumber +3444.

103 103 Tukaram ParshuramDewoolkar

879 Police Officer who had producedthe accused nos.5,9 and 10before the concerned DCP asthey wanted to make confessionu/s.18 of the MCOC Act,1999.

104 104 Shaikh Shafiullah 880 J.Dey had toured Europe in

36

SR.NO.

PWNO.

NAME EXH. NO.

ROLE

Fakrullah April, 2011 and this witness wasthe Tour Manager.

105 105 Suhas Bhalchandra Naik 888 PSI who took the accused no.5to the Office of the DCP forrecording his confession andthereafter produced him beforethe Court of the CMM,Esplanade Court and then beforePW.143ACP Duraphe.

106 106 Vijay Parvatrao Shinde 895 API who took the accused no.9to the Office of the DCP forrecording his confession andthereafter produced the accusedbefore the Court of the CMM,Esplanade Court and then beforePW.143ACP Duraphe.

107 107 Roshan Mahadev Baikar 900 He had given the SIM card ofmobile nos. 8652475214 &9004328040 to the accused no.5for use and the mobile phone ofSamsung company (Art.159) tothe accused no.7 for use and allthe above articles were used inthe crime.

108 108 Shekhar Vinayak Palande 906 Nodal Officer, TATA Teleservices.

109 109 Rakeshchandra RambhujPrajapati

917 Nodal Officer, Loop mobile(India) Ltd.

110 110 Rajesh SampatraoGaikwad

935 Nodal Officer, RelianceCommunication Ltd.

111 111 Vijay Eknath Shinde 947 Nodal Officer, Idea Cellular Ltd.

37

SR.NO.

PWNO.

NAME EXH. NO.

ROLE

112 112 Amit Rajendra Chauhan 988 Manager of Hotel SV, Haldvani,Dist. Nainital in which some ofthe accused had stayed prior tothe incident.

113 113 Sunil SubashchandraTiwari

989 Nodal Officer, Aircel CellularLtd.

114 114 Anand Sadanand Pawar 1008 Constable who was deputed tofind out the details of thesubscribers of the mobilenos.9892504897, 9867464129 &8652490277.

115 115 Laxmikant NarayanraoSalunkhe

1013 PSI who was deputed to bringaccused no.10 to the L.T.MargPolice Station and keep him incustody there for giving himtime to reconsider his decisionto make confession and toproduce him before PW.119DCP Dalvi on the next day forrecording confession.

116 116 Rajesh Shridhar Kadam 1025 He was the superior Officer ofthe accused no.11 at therelevant time.

117 117 Vishal Kishor Parmar 1027 Panch witness.

118 118 Yogesh ShrikrishnaRajapurkar

1031 Nodal Officer, Airtel Ltd.

119 119 Manohar Uttamrao Dalvi 1061 DCP who recorded theconfession of the accused no.10.

120 120 Mukund Gopal Pawar 1084 Police Officer from the cyber celldivision who obtained thedetails of the email IDs of the

38

SR.NO.

PWNO.

NAME EXH. NO.

ROLE

accused no.11.

121 121 Vikas Narayan Phulkar 1091 Nodal Officer, Vodafone EssarLtd.

122 122 Dr. Mahesh Patil 1159 DCP who had recorded theconfession of the accused no.5.

123 123 Aslam Haji AdbulRahman Mansuri

1200 Panch witness.

124 124 Dr. Cherring Dorje 1211 DCP who recorded theconfession of the accused no.9.

125 125 Ganesh PandharinathKharat

1239 Friend of the accused no.3 andaccused no.5 and the driver ofthe Qualis vehicle in which theaccused nos.1 to 4 had gone toHaldvani, Nainital on10/05/2011 (prior to theincident).

126 126 Pradeep PandurangShirodkar

1246 Panch witness.

127 127 Bhagwansingh BagsinghThakur

1253 Panch witness.

128 128 Dr. Sadanand SangramBhise

1262 Medical Officer who conductedthe Postmortem of the body ofJ.Dey.

129 129 Balu Pandit Panchange 1271 Panch witness.

130 130 Dr. Fakruddin Ali Shah 1278 Medical Officer of HiranandaniHospital, Powai who was thefirst person to examine the bodyof J.Dey.

39

SR.NO.

PWNO.

NAME EXH. NO.

ROLE

131 131 Meer Usman Ali 1284 Panch witness.

132 132 Dhananjay Rawat 1293 Panch witness.

133 133 Nandkumar MarutiGopale

1312 API who was associated with theinvestigation.

134 134 Shailash DigambarPasalwar

1320 PI who was associated with theinvestigation.

135 135 Amitosh Kumar Singh 1343 Sr. Scientific Officer, CFSL,NewDelhi who collected the voicesample of the accused no.12Chhota Rajan.

136 136 Shripad Balkrishna Kale 1355 Sr. PI who was associated withthe investigation.

137 137 Suresh Vasudev Rane 1375 Investigating OfficerPSI, PowaiPolice Station.

138 138 Dinkar Ganpatrao Bhosle 1385 PI who was associated with theinvestigation.

139 139 Smt.Nidhi Anil Nandwani 1389 Her voter ID card was used byPW.140 for purchasing the SIMcard of mobile no.9690115644.

140 140 Sanjeev Kumar s/o.Kalyan Ram

1390 He purchased the SIM card ofthe mobile no.9690115644 byusing the voter ID card ofPW.139. The said mobilenumber was then used by theaccused no.9.

141 141 Pradeep Nivrutti Gosavi 1392 Investigating OfficerPI, CrimeBranch, Unit no.10.

142 142 Vilas Wamanrao Datir 1400 Investigating OfficerAPI Crime

40

SR.NO.

PWNO.

NAME EXH. NO.

ROLE

Branch, Unit no.1.

143 143 Ashok Tukaram Duraphe 1420 Investigating OfficerACP whoconducted the investigation afterthe provisions of the MCOCAct,1999 were invoked.

144 144 Ms.Leena Pawar 1456 Alternate Nodal Officer, Aircel.

145 145 Chandrashekar Tiwari 1463 Nodal Officer, Airtel, Delhicircle.

146 146 Pradip Singh 1465 Alternate Nodal Officer,Vodafone, Delhi circle.

147 147 Rajeev Kumar Sinha 1469 Inspector, CBI who took thecustody of the two IPhones andone IPad of the accused no.12Chhota Rajan from anotherOfficer.

148 148 Basil Kerketta 1475 Addnl SP, CBI who forwardedthe mobile phones & IPad of theaccused no.12Chhota Rajan toFSL,Kalina.

149 149 Arup Mohan Patnaik 1484 Commissioner of Police and thesanctioning authority under theMCOC Act,1999.

150 150 S.S. Kishore 1485 Supdt. Police CBI who registeredthe FIR (CBI) after the case wastransferred to CBI for furtherinvestigation. He also madecorrespondence with theCFSL,New Delhi.

151 151 Vishal Subash Koik 1512 CA, FSL,Kalina.

41

SR.NO.

PWNO.

NAME EXH. NO.

ROLE

152 152 Natram Meena s/o. LateMangalram

1528 Investigating Officer, CBI.

153 153 Dr. Edward Burns 1543 Forensic Expert, NASSCOM,USA.

154 154 Smt.Sheela Dinkar Sail 1553 DCP who was the SanctioningAuthority under the ArmsAct,1959.

155 155 Dr.Rajinder Singh 1565 Director, CFSL,New Delhi whoanalyzed the voice sample of theaccused no.12Chhota Rajan.

26. The prosecution has relied upon the following important documents:

SR.NO.

DOCUMENT EXH.NO.

ADMITTED/NOT

ADMITTEDBY DEFENCE

1 Printed FIR. 290 Not Admitted.

2 Inquest panchanama. (It also shows theseizure of various articles found on theperson of J.Dey)

305 Not Admitted.

3 Seizure panchanama of the clothes whichJ.Dey was wearing at the time of incident.

306 Not Admitted.

4 Spot map/sketch. 341 &342

Not Admitted.

5 Photographs of dead body J.Dey. 489 colly. Not Admitted.

6 Personal search & arrest panchanama ofaccused nos.1,2,3.

493 Not Admitted.

7 Personal search & arrest panchanama ofaccused nos.5,6,7.

504 Not Admitted.

8 Personal search & arrest panchanama of 512 Not Admitted.

42

SR.NO.

DOCUMENT EXH.NO.

ADMITTED/NOT

ADMITTEDBY DEFENCE

accused no.4.

9 Seizure panchanama of hard disk of theCCTV which was installed near the spot ofthe incident.

519 Not Admitted.

10 Seizure panchanama of DVD regarding thenews item reported on NDTV.

526 Not Admitted.

11 Seizure panchanama regarding seizure oflaptop (Notebook) of J.Dey from PW.7.

527 Admitted.

12 Seizure panchanama of the passport of J.Dey. 528 Admitted.

13 Seizure panchanama of laptop (Acercompany) of J.Dey and a harddisk fromPW.7.

529 Admitted.

14 Xerox copy of the driving license along withthe photograph of PW.16.

545 Not Admitted.

15 Personal search & arrest panchanama ofaccused no.10Paulson Palitara.

554 Not Admitted.

16 Chargesheet in Crime no.3/2005. 563 Not Admitted.

17 Chargesheet in Crime no.86/2005. 571 Not Admitted.

18 Seizure panchanama of the CD containing anews item which was aired on 'IBN LOKMAT'channel on 27/06/2011.

598 Admitted.

19 Form showing the details of the ToyotaQualis vehicle no. MH12CD7701 receivedfrom the RTO, Andheri.

603 Not Admitted.

20 Registration card, insurance cover note,Form28, Form29, Form30, tax invoice ofthe motorcycle no. MH01AF8843.

605A(colly.)

Not Admitted.

21 Registration certificate of motorcycle no. MH06AH4891 & original tax paid receipt.

609(colly.)

Not Admitted.

22 Forwarding letters to the FSL,Kalina. 270 to276

Not Admitted.

23 Letter issued by PW.38 to Sr. Inspector ofPolice, DCB CID, Crime Branch, CrawfordMarket.

629 Not Admitted.

24 Seizure panchanama of mobile phone ofPW.107 which was given to him by the

671 Not Admitted.

43

SR.NO.

DOCUMENT EXH.NO.

ADMITTED/NOT

ADMITTEDBY DEFENCE

accused no.5.

25 Report of Test Identification Parade ofaccused nos.1,2,5.

228 Exh. as perS.291A of

Cr.P.C.

26 CA/FSL reports. 230248,1305,1306

Exh. as per S.293 of Cr.P.C.

27 Sanction orders u/s.23(2) of the MCOCAct,1999 for prosecution.

250, 251 Exh. in view ofthe judgmentin AIR 2010

SC 1451.

28 Sanction order u/s.39 of the Arms Act,1959for prosecution.

252 Exh. in view ofthe judgmentin AIR 2010

SC 1451.

29 Personal search & seizure panchanama ofmobile phone seized from the accused no.11.

694 Admitted.

30 House search and seizure panchanama ofMac Book laptop from the accused no.11.

695 Admitted.

31 Seizure panchanama of the 3 mobile phonesand a memory card which the accused no.11had given to PW.80.

701 Not Admitted.

32 Seizure panchanama of the harddiskrecovered from the computer kept on thetable of the accused no.11 in her Office.

710 Not Admitted.

33 Documents showing the travel details of thedeceased accused no.8.

713, 723 Not Admitted.

34 Letter issued by PIShri Kadam to deceasedaccused no.8 stating that if he wished toleave the limits of Mumbai he should seekpermission of the Court.

720 Not Admitted.

35 Personal search and seizure panchanama ofthe deceased accused no.8 regarding seizureof 4 mobile phones and cash amount.

731 Not Admitted.

36 Application for cancellation of bail of thedeceased accused no.8 in MCOC caseno.8/06 & 7/07.

747 Not Admitted.

44

SR.NO.

DOCUMENT EXH.NO.

ADMITTED/NOT

ADMITTEDBY DEFENCE

37 Letter issued by the deceased accused no.8 tothe IO in MCOC case no.7/07 informing himabout his proposed visit for pilgrimage.

748 Admitted.

38 Original newspaper reports published in thedaily 'MidDay' dated 30/05/2011 &02/06/2011.

752(colly.)

Not Admitted.

39 Panchanama regarding seizure of DVDregarding the interview given by the accusedno.12 to 'NDTV India' news channel.

756 Not Admitted.

40 Spot panchanama of the place near the UmaPalace Bar & Restaurant, Mulund.

758 Not Admitted.

41 CD containing the record of conversationbetween PW.90 and the accused no.12 alongwith the certificate u/s.65B of the EvidenceAct,1872.


42 Transcript of conversation between accusedno.12 and PW.90.

776 Not Admitted.

43 Letter dated 11/01/2012 issued by Addl.CP(Crime) to PW.143 regarding forwarding ofthe CDs containing recording of theintercepted call between the accused no.12and PW.90.

774 Not Admitted.

44 Order dated 04/08/2011 issued by theAddnl. Chief Secretary (Home) u/s.5(2) ofthe Indian Telegraph Act, 1885 permittinginterception of telephonic communicationand SMS to and from the mobileno.9820048533.

775 Not Admitted.

45 Certificate u/s.65B of the Evidence Act,1872. 778 Not Admitted.

46 CD containing CCTV footage of Crisil Houseof 11/06/2011 between 02:30 pm to 03:00pm.

784 Not Admitted.

47 Printout of the blog created by PW.76 inwhich he had written about the extrajudicialconfession made by the accused no.12 to himon phone.

788 Not Admitted.

48 Article written by PW.77 and published in the 791 Not Admitted.

45

SR.NO.

DOCUMENT EXH.NO.

ADMITTED/NOT

ADMITTEDBY DEFENCE

daily 'MidDay' dated 07/07/2011 on thebasis of information given to him by PW.73regarding his meeting with deceased accusedno.8 and J.Dey.

49 CD containing the news aired on 'NDTVIndia' news channel about the extrajudicialconfession made by the accused no.12 toPW.78.

797 Not Admitted.

50 Panchanama of the CDs containing the CCTVfootage of Hiranandani Shopping center ofthe date of the incident i.e.11/06/2011.

813 Not Admitted.

51 Signature of PW.92 on the ConsumerApplication form for getting SIM card.

853 Not Admitted.

52 Signature of PW.92 on the xerox copy ofVoter ID card (another copy is produced bythe defence).

854 Not Admitted.

53 Station diary extracts. 872, 882,883, 891,

892

Not Admitted.

54 Covering letter with details of mobileno.8655292230 & 8097959843 given byPW.108 to the Police.


55 Certificate dated 08/07/2011 u/s.65B of theEvidence Act,1872 regarding CDR & Cell IDof mobile no.8655292230 & 8097959843.


56 CDR & Cell ID location of mobileno.8655292230 & 8097959843.


57 Covering letter with details of mobile no.9773916609 & IMEI no. 354865047936636& IMEI no. 358252041238002 given byPW.109 to the Police.

918, 921,924

Not Admitted.

58 Certificate dated 02/07/2011 & 11/07/2011,04/10/2011 u/s.65B of the EvidenceAct,1872 regarding CDR & Cell ID of mobileno. 9773916609, 447924557108, & IMEI no.358252041238002.

919, 922,925

Not Admitted.

59 CDR & Cell ID location of mobile no. 920, 923, Not Admitted.

46

SR.NO.

DOCUMENT EXH.NO.

ADMITTED/NOT

ADMITTEDBY DEFENCE

9773916609 & IMEI no. 354865047936636and mobile no. 447924557120.

926

60 Covering letter with details of mobile no.9870011000 & certificate dated 29/11/2011u/s.65B of the Evidence Act,1872 given byPW.109 to the Police.


61 CDR of mobile no. 9870011000 given byPW.109 to the Police.

931 Not Admitted.



63 CDR of the mobile no. 9870488388. 934 Not Admitted.

64 Covering letter with details of mobile nos.9323971133 & 9320816594 & certificatedated 30/07/2011 u/s.65B of the EvidenceAct,1872 given by PW.110 to the Police.


65 CDR of mobile no. 9323971133 &9320816594.




67 CDR of mobile no. 9324088888. 942 Not Admitted.

68 Covering letter with details (CDR) of mobilehandset bearing IMEI no. 354865047936636and mobile no. 447924557108 given byPW.110 to the Police.

943 Not Admitted.


948, ArtX111

Not Admitted.

70 CDR of mobile no. 9743193148. 949,Art.X122

Not Admitted.

71 Covering letter with details of mobile no.8108521329 & 8652475214 & certificatedated 20/07/2011 u/s.65B of the Evidence


47

SR.NO.

DOCUMENT EXH.NO.

ADMITTED/NOT

ADMITTEDBY DEFENCE

Act,1872 given by PW.111 to the Police.

72 CDR of mobile nos. 8108521329 &8652475214.


73 Covering letter with details of mobile nos.8652580503, 8652449019, 8652490277 &certificate dated 01/08/2011 u/s.65B of theEvidence Act,1872 given by PW.111 to thePolice.


74 CDR of mobile nos. 8652580503,8652449019, 8652490277.

958, 961,963

Not Admitted.





969, Art.X118

Not Admitted.

78 CDR of mobile no. 9690115644. Art.X119 Not Admitted.


Art.X120& Art.X

121

Not Admitted.

80 Covering letter with details of mobile no.+447924557108 and mobile handset bearingIMEI no. 354865047936630 & certificatedated 23/08/2011 u/s.65B of the EvidenceAct,1872 given by PW.111 to the Police.


81 CDR of mobile no. +447924557108. 972 Not Admitted.

82 Covering letter with details of mobile no.+447924557108 and mobile handset bearingIMEI no. 354865047936636 & their CDR.

1423,Art.X124

Not Admitted.

83 Covering letter with details of use of mobileno. +447924557108 in mobile handsetbearing IMEI no. 354865047936630 given byPW.111 to the Police.

973 Not Admitted.

48

SR.NO.

DOCUMENT EXH.NO.

ADMITTED/NOT

ADMITTEDBY DEFENCE




86 List of Cell IDs and their correspondingphysical addresses along with certificatedated 26/06/2011 u/s.65B of the EvidenceAct,1872 filed by PW.111 in the Court.


87 Covering letter with details of mobile no.9768114422, 9768408325, 8898590024,8898590018, 9768302009 given by PW.113to the Police along with certificate u/s.65B ofEvidence Act,1872.

990,1071

Not Admitted.

88 Customer Application forms produced byPW.113.

1070 Not Admitted.






94 Covering letter with details of mobile handsetbearing IMEI no. 35825041238002 &certificate dated 13/10/2011 u/s.65B of theEvidence Act,1872, CDR given by PW.113 tothe Police.

1424,1425

Not Admitted.

95 Covering letter with details of mobile no.9768630692 given by PW.113 to the Policealong with certificate u/s.65B of EvidenceAct,1872.

997,1073

Not Admitted.


97 List of Cell IDs and their correspondingphysical addresses.

1074 Not Admitted.

98 Covering letter with details of mobile nos.9892020185, 9987017977, 7738622113,9967210526, 9004850894, 9967844960,

1032,1033

Not Admitted.

49

SR.NO.

DOCUMENT EXH.NO.

ADMITTED/NOT

ADMITTEDBY DEFENCE

9004328040, 9892504897, 9892044665given by PW.118 to the Police and certificateu/s.65B of Evidence Act,1872.

99 CDR of mobile nos. 989020185,9987017977, 7738622113, 9967210526,9004850894, 9967844960, 9004328040,9892044665, 9892504897.

1034,1035,1036,1037,1038,1039,1040,1041,1042

Not Admitted.

100 Covering letter with details of mobile no.96118999645 given by PW.118 to the Policeand certificate u/s.65B of Evidence Act,1872.

1043,1044

Not Admitted.


102 Covering letter with details of mobile nos.9867464129, 9967016654, 9987917765given by PW.118 to the Police and certificateu/s.65B of Evidence Act,1872.

1046,1047

Not Admitted.

103 CDR of mobile nos. 9867464129,9967016654, 9987917765.

1048,1049,1050

Not Admitted.


1051,1052

Not Admitted.



1054,1055,

1057 to1059

Not Admitted.


108 Confession made by the accused no.10Paulson Palitara along with thememorandum.

1064,1066,1067

Not Admitted.

109 Certificates u/s.65B of Evidence Act,1872regarding the call details and sending of

1092,1092A

Not Admitted.

50

SR.NO.

DOCUMENT EXH.NO.

ADMITTED/NOT

ADMITTEDBY DEFENCE

scanned copies of customer application formsof the mobile nos. 9769276691,8879140112, 9920227609, 9833625491.

110 Customer Application form of the subscriberof mobile nos. 9769276691, 9920227609,98333625491.

1094,1097,1099

Not Admitted.

111 CDR of mobile nos. 9769276691,8879140112, 9920227609, 98333625491.

1093,1095,1098,1100

Not Admitted.

112 Certificates u/s.65B of Evidence Act,1872regarding

MCOC SPECIAL CASE NO.19/2011 Decided on · Satish Kalya @ Sir, ... vendor and the property broker,...

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