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Rediff.Com: 29/07/2010 2 NATIONAL INVESTIGATION AGENCY MINISTRY OF HOME AFFAIRS GOVERNMENT OF INDIA NEW DELHI FINAL REPORT (U/s 173 Cr P C) BEFORE THE HONOURABLE SPECIAL JUDGE NIA PANCHKULA HARYANA, STATE V/s NABA KUMAR SARKAR @ SWAMI ASIMANAND AND OTHERS 1. Name of the Police Station : National Investigation Agency, New Delhi. FIR No. : 09/2010 Year : 2010 Date rediff.com: 29/07/2010 2. Final Report/ Charge Sheet No. : 03/2011 3. Date : 20/06/2011 4. Sections of Law : Section, 120-B r/w 302, 307,324,326 124 A, 438 & 440 of IPC, Section 150, 151,152 of Railways Act, Section 3, 4,6 of Explosive Substances Act 1908 & Section 3, 4 of Prevention of damage of Public property Act 1984 and Section 13,15,16,17, 18, 19 & 23 of UA (P) Act. 5. Type of Final Report : Final Report/Charge Sheet Page 1 of 24 6. If Final Report un-occurred-False/ Mistake of fact/ Mistake of law/ Non Cognizable/ Civil Nature : No 7. If charge sheeted : Original/ Supplementary : Original 8. Name of Investigating Officer : Shri. Vishal Garg, Addl. Supt. of Police, NIA, New Delhi. 9. Name of the Complainants/ : Shri Ranjit Singh, ASI 624, Informants Police Post GRP Panipat, Haryana 10. Details of properties/ Articles/ Documents recovered/ seized during Investigation and relied upon : As per the list enclosed in Annexure B & C 11. Particulars of accused persons charge sheeted A-1 a. Name Naba Kumar Sarkar @ Swami Asimanand b. Father’s Name rediff.comLate Bhibuti Bhusan Sarkar c. Age 60 yrs (in the year 2011) d. Sex Male e. Nationality Indian f. Passport Details - g. Religion Hindu h. Occupation Spiritual leader i. Address (present) Shabridham Ashram P.O. Subair, Ahwa, Dang District, Gujarat j. Address (permanent) As above k. Whether Arrested/On Arrested on 23.12.10 Bail/Absconding Presently under Judicial Custody in Ambala Jail. Page 2 of 24 A-2 a. Name Sunil Joshi @ Sunilji @ Manoj Joshi @ Manoj @ Guruji (since dead) b. Father’s Name Late Shyamlal Joshi c. Age (since dead) d. Sex Male e. Nationality Indian f. Passport Details Not Known g. Religion Hindu h. Occupation Small business i. Address (present) H.No F-7, Vikas Nagar, Dewas, Madhya Pradesh j. Address (permanent) -do- k. Whether Arrested/On Dead (Murdered) Bail/Absconding A-3 a. Name Ramchandra Kalsangra @ Ramji @ Vishnu Patel b. Father’s Name Shri Gopal Singh Kalsangra c. Age rediff.com41 Yrs (in the year 2011) d. Sex Male e. Nationality Indian f. Passport Details Not Known g. Religion Hindu h. Occupation Electrician i. Address (present) 1.) House No. 26, Shri Ram Nagar Main Indore (MP). 2.) House No.22 Shanti Vihar, Bengali Chouraha, Kanadia Road, Indore (MP). j. Address (permanent) Village Gopipur, P.S Kotwali, Disstt. Shajapur M.P k. Whether Arrested/On Absconding Bail/Absconding Page 3 of 24 A-4 a. Name Sandeep Dange @ Parmanand @ Teacher b. Father’s Name Vishwas Kashav Dange c. Age 41 Yrs (in the year 2011) d. Sex Male e. Nationality Indian f. Passport Details Passport No. F 1003400 , DOI 16.12.04 Expiry Date 15.12.14 , issued by Passport office Bhopal g. Religion Hindu h. Occupation Engineer i. Address (present) House No. 360, Lokmanya Nagar, Labhchanda Chajlani Marg, Indore j. Address (permanent) -Do- k. Whether Arrested/On Absconding Bail/Absconding A-5 a. Name Lokesh Sharma @ Ajay Tiwari @ Ajay @ Kalu b. Father’s Name Gopal Krishan Sharma c. Age rediff.com34 Yrs (in the year 2011) d. Sex Male e. Nationality Indian f. Passport Details Not Known g. Religion Hindu h. Occupation Property dealer i. Address (present) H.No. 180, Sanghi Street, Mhow, Distt. Indore, j. Address (permanent) -Do- k. Whether Arrested/On In Judicial Custody Bail/Absconding Page 4 of 24 12. (i) Particulars of Witnesses examined : Separate list attached as Annexure-A (ii) List of documents : Separate list attached as Annexure-B (iii) List of articles : Separate list attached as Annexure-C 13. If FIR is false, action taken : N.A 14. Result of laboratory analysis : Attached separately 15. Brief of the case 15.1 The instant case pertains to the terror blast carried out by a group of people in pursuance of a criminal conspiracy with an intent to threaten the Unity, Integrity, Security and Sovereignty of India and to strike terror in the people of India and in a foreign country. The terror act was done by using improvised explosive devices (IED) along with the inflammable substances, which caused blasts in the Attari Express (Samjhauta) train at Panipat, Haryana on 18th Feb 2007. This blast and the consequent fire in the trainrediff.com resulted in the death of 68 persons and injuries to 12 train passengers including women and children travelling in the same train. The explosion and consequent fire in the train resulted in the incineration and destruction of several train coaches, thus causing huge loss to the public property of the Indian Railways. 15.2 In this terrorist act, not only Indian civilians and government officials got killed and injured but a large number of Pakistani nationals also got killed. Page 5 of 24 15.3 This case was initially registered at Police Station GRP Karnal (Haryana) vide FIR No. 28/2007 dated 19.02.2007 on the basis of a telephonic message received by the PS at 03:00 Hrs from ASI Ranjit Singh, PP/GRP, Panipat. As per the initial information, two coaches (No. GS 03431 & GS 14857) of train No. 4001 Up Attari Express, which had departed from railway station Diwana at 23.53 Hrs, caught fire. The incident happened between Diwana and Panipat (KM No.82/2-7). Initial investigation has brought out that, the coaches caught fire as a result of two bomb explosions. Due to the explosions and subsequent fire, total 68 persons (64 civil passengers and 4 Railways officials) were killed and 12 persons got injured. This seditious act of terrorism was committed with an aim to kill the civilian passengers/Railway and Police officers on duty in the moving train. 15.4 The initial investigation was done by GRP/ SIT Haryana Police and subsequently, in compliance of order no. 11034/16/2010-IS/VI dated 26-07-2010 of Ministry of Home Affairs, Govt. of India, New Delhi, the National Investigation Agency (NIA) took over the investigation by registeringrediff.com the instant case as Cr. No. 09/2010, dated 29th July 2010. 16. Facts disclosed during investigation 16.1. The investigation has brought out that, on 18-2-2007, the train No. 4001 UP Attari Express (Samjhauta Express) was parked at platform No.18 of railway station Delhi junction for departure to Attari. As per its schedule, at about 2250 hours, the above train departed from the platform for Attari. Sh. Kiran Diwan, Sh. Sanjay Kumar and Sh. R. D. Page 6 of 24 Singh were deputed as driver, co-driver and guard respectively of the said train. Additionally three railway officials namely Sh. Shaukat Ali Head TTE, Sh. Rajesh Sharma TTE and Sh. Lalit Kumar TTE were also on board. The train had 16 coaches bearing following Numbers-: i). NR SLR 00719 ii). NR GS 04420 iii). NR GS 98470 iv). NR GS C 219066 v). NR GS 98482 vi). NR GSCN 96297 vii). NR GSCN 96266 viii). NR GS CN 99251 ix). NR GSCN 96236 x). NR GS 10855 xi). NR GS 03432 rediff.com xii). NR GS 03431 xiii). NR GS 14857 xiv). NR GS C2 19054 xv). NR GS C2 19113 xvi). NR GSCR 04703 16.2. Out of the above mentioned 16 coaches, four were reserved 2nd class sleeper coaches and remaining were unreserved general coaches. The four sleeper coaches were Page 7 of 24 placed in the middle of the train, whereas unreserved coaches were placed in the front portion (engine side) and in the rear portion (guard side). 16.3. In pursuance of the criminal conspiracy, the accused persons with common intention and motive caused explosion in 4001 Delhi – Attari express (Samjhauta train) in the intervening night of 18th/19th Feb 2007 at about 23:53 Hrs while passing through Diwana Railway Station near Panipat, Haryana. Two unreserved coaches bearing No. NR GS 03431, NR GS 14857 caught fire after the explosion. As a result, 67 people were killed on the spot and 13 passengers got injured, who were shifted to Safderjung Hospital, New Delhi for treatment. Thereafter, one injured person namely Harril also succumbed to his injuries in the Safderjung Hospital, New Delhi. Thus, the number of killed persons rose from 67 to 68. 12 injured persons were later discharged from the hospital after their treatment. 16.4 Investigation further disclosed that, four (04) Improvised Explosive Devices (IEDs) were planted in unreserved compartments, out of which the IED placed in 12th compartment (No. NR GS-03431)rediff.com and 13th compartment (NR GS-14857) exploded. The explosion was followed by fire in the compartments. One unexploded IED in a suitcase was recovered from 15th (NR CZ- 19113) compartment which was exploded in the process of diffusion by the technical personnel. However, one unexploded IED in suitcase was recovered from the spot down the railways line (on the railway track near 15th compartment). 16.5 The defused/destroyed IED debris etc. found at the scene of crime was duly examined by experts. As per the expert opinion, following facts were disclosed: Page 8 of 24 i. Both the IEDs were having high explosive material like pentaerythritol tetra nitrate (PETN), radicals of nitrite Trinitrotoluene (TNT), cyclonite (RDX), sulphur, potassium chlorate, Petrol, diesel, mixture of petrol, Diesel and Kerosene. ii. No commonly used explosive material or their decomposition products could be detected on post explosive debris.
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