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AMIR KASAB - Supreme Court Of India Judgement

AMIR KASAB - Supreme Court Of India Judgement

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Published by: Thejesh GN on Aug 29, 2012
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01/16/2013

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REPORTABLE
IN THE SUPREME COURT OF INDIACRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NOS.1899-1900 OF 2011
MOHAMMED AJMAL MOHAMMADAMIR KASAB @ ABU MUJAHIDAPPELLANTVERSUSSTATE OF MAHARASHTRARESPONDENT
WITHCRIMINAL APPEAL NO.1961 OF 2011
STATE OF MAHARASHTRAAPPELLANTVERSUSFAHIM HARSHAD MOHAMMAD YUSUFANSARI & ANOTHERRESPONDENTS
ANDTRANSFER PETITION (CRIMINAL) NO.30 OF 2012
RADHAKANT YADAVPETITIONEVERSUSUNION OF INDIA & OTHERSRESPONDENTS
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J U D G M E N TAftab Alam,J
.1.The appellant, Mohammed Ajmal Mohammad Amir Kasab @ Abu Mujahid(hereinafter referred to as ‘the appellant’ or as ‘
 Kasab
’), who is a Pakistaninational, has earned for himself five death penalties and an equal number of lifeterms in prison for committing multiple crimes of a horrendous kind in thiscountry. Some of the major charges against him were: conspiracy to wage war against the Government of India; collecting arms with the intention of waging war against the Government of India; waging and abetting the waging of war againstthe Government of India; commission of terrorist acts; criminal conspiracy tocommit murder; criminal conspiracy, common intention and abetment to commitmurder; committing murder of a number of persons; attempt to murder withcommon intention; criminal conspiracy and abetment; abduction for murder;robbery/dacoity with an attempt to cause death or grievous hurt; and causingexplosions punishable under the Explosive Substance Act, 1908. He was foundguilty of all these charges besides many others and was awarded the death sentenceon five counts, life-sentence on five other counts, as well as a number of relativelylighter sentences of imprisonment for the other offences.
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2.Apart from the appellant, two other accused, namely
 Fahim Ansari
and
Sabauddin Ahamed 
, both Indian nationals, were also arraigned before the trialcourt and indicted on the same charges as the appellant.3.At the end of the trial, however, the appellant was convicted and sentencedto death as noted above (
vide
judgment and order dated May 3/6, 2010 passed bythe Addl. Sessions Judge, Greater Mumbai in Sessions Case No. 175 of 2009). Theother two accused were acquitted of all charges. The trial court gave them the benefit of the doubt as regards the charges of conspiracy and abetment of other offences by conspiracy, and further held that the prosecution completely failed toestablish those other charges that were made directly against them.4.The judgment by the trial court gave rise to a reference to the Bombay HighCourt under Section 366 of the Code of Criminal Procedure (CrPC), registered asConfirmation Case No. 2 of 2010. In addition to the reference, two appeals alsocame to the High Court from the judgment and order passed by the trial court, one by the appellant against his conviction and sentences (Criminal Appeal No. 738 of 2010) and the other by the State of Maharashtra against the acquittal of the other two accused (Criminal Appeal No. 606 of 2010). The High Court, by its judgmentand order dated February 21, 2011, confirmed the death sentences given to theappellant by the trial court and dismissed both the appeals. The High Court upheld
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