IN THE HIGH COURT OF KARNATAKA AT BENGALURU Dated this the 17 th day of December, 2014 PRESENT THE HON’BLE MR. JUSTICE N KUMAR AND THE HON’BLE MRS. JUSTICE RATHNAKALA CRIMINAL RC NO.6 OF 2008 c/w CRL.A NO.1205 OF 2008 & CRL.A. NO.26 OF 2009 CRIMINAL RC NO.6 OF 2008 BETWEEN : HIGH COURT OF KARNATAKA REPRESENTED BY THE REGISTRAR GENERAL BANGALORE ...PETITIONER (By Sri H N NILOGAL, SPECIAL PUBLIC PROSECUTOR) AND 1. IZHER BAIG S/O MIRZA RASOOL BAIG 2. SYED ABBAS ALI S/O MOULVI AZEEMUDDIN 2 3. MOHAMMED SHARFUDDIN S/O SHEIK MEHABOOB 4. MOHAMMED KHALID CHOWDRY S/O LATE MOHD. ISMAIL CHOWDRY 5. SHEIK HASHIM ALI @ HASHAM S/O SHEIK KHASIM ALI ...RESPONDENTS THIS CRIMIINAL REFERRED CASE IS REGISTERED AS REQUIRED UNDER SECTION 366 CR.P.C. FOR CONFIRMATION OF DEATH SENTENCE AWARDED TO ACCUSED NO.3 IZHER BAIG S/O MIRZA RASOOL BAIG, ACCUSED NO.4 SYED ABBAS ALI S/O MOULVI AZEEMUDDIN, ACCUSED NO.5 MOHAMMED SHARFUDDIN S/O SHEIK MEHABOOB, ACCUSED NO.6 MOHAMMED KHALID CHOWDRY S/O LATE MOHD. ISMAIL CHOWDRY, ACCUSED NO.7 SHEIK HASHIM ALI @ HASHAM S/O SHEIK KHASIM ALI BY THE XXXIV ADDL. CITY CIVIL & SESSIONS JUDGE, & PRESIDING OFFCER, SPL. COURT, CENTRAL PRISON PREMISES, BANGALORE BY JUDGMENT OF CONVICTION DATED 21/29-11-2008 IN SC NO. 570/2003. CRL.A NO.1205 OF 2008 BETWEEN: 1. IZHAR BAIG S/O MIRZA RASOOL BAIG AGED ABOUT 34 YEARS AGARBHATHI AND POOJA MATERIAL BUSINESS R/O NO.9-4-50/5, TOLI CHOWK HAKIM PETH & ALSO AT NO. 10-2-473/1 3 DEENDAR ANJUMAN ASIF NAGAR, HYDERABAD A.P. STATE 2. SYED ABBAS ALI S/O MOULVI AZEEMUDDIN AGED ABOUT 28 YEARS CARPENTER R/O TOLI CHOWK HAKEEMPETH HYDERABAD, A.P. STATE 3. MOHAMMED SHARFUDDIN @ SHARFUDDIN @ SHARFU S/O SHEIK MAHABOOB AGED ABOUT 39 YEARS BOOK VENDOR R/O NATIONAL BOOK CENTRE R/O NO. 12-2-939/10 ASIF NAGAR HYDERABAD 4. MOHAMMED KHALID CHOWDRY S/O LATE MOHD ISMAIL CHOWDRY AGED ABOUT 30 YEARS AIR CONDITIONER MECHANIC R/O NO. 10-2-463 DEENDAR ANJUMAN ASIF NAGAR HYDERABAD 5. SHEIK HASHIM ALI @ HASHIM S/O SHEIK KHASIM ALI AGED ABOUT 30 YEARS VIDEOGRAPHER R/O 10-2-469 DEENDAR ANJUMAN ASHRAM 4 ASIF NAGAR, HYDERABAD A.P ...APPELLANTS (By Sri HASHMATH PASHA, ADVOCATE) AND STATE OF KARNATAKA BY WADI POLICE STATION GULBARGA DISTRICT INVESTIGATED BY DEPUTY SUPERINTENDENT OF POLICE (F.S) C.O.D BANGALORE REP. BY STATE PUBLIC PROSECUTOR ...RESPONDENT (By Sri H N NILOGAL, SPECIAL PUBLIC PROSECUTOR) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 374(2) CR.P.C BY THE ADVOCATE FOR THE APPELLANTS PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTIONS DATED 21.11.2008 AND SENTENCES DATED 29.11.2008 PASSED IN S.C.NO.570/2003, ON THE FILE OF 34TH ADDL. CITY CIVIL AND SESSIONS JUDGE AND P.O SPL.COURT FOR THE TRIAL OF CHURCH BOMB BLAST CASES, CENTRAL PRISON PREMISES, BANGALORE. CRL.A. NO.26 OF 2009 BETWEEN: 1. MOHD. FAROOQ ALI S/O MOHAMMED IFTHEKAAR ALI AGED ABOUT 34 YEARS KIRANA SHOP OWNER R/O FAROOQ 5 DEENDAR ANJUMAN ASHRAM ASIF NAGAR HYDERABAD A.P. STATE 2. MEERA SAB S/O CHAMAN SAAB KAUJALGI AGED ABOUT 54 YEARS AGRICULTURIST R/O BATAKURKI RAMDURG TALUK BELGAUM DISTRICT 3. RISHI HIREMATH @ ABDUL RASHEED MUNNA S/O BASAVARAJA HIREMATH AGED ABOUT 37 YEARS COMPUTER COMMISSION AGENT IN SALES R/O ASAR HONDA OLD HUBLI, HUBLI 4. MUNEERUDDIN MULLA @ SYED MUNEERUDEEN PASHA HUSSAINI S/O MUGUDAM HUSSAIN MULLA AGED ABOUT 44 YEARS RAILWAY EMPLOYEE R/O KOLEKAR PLOT OLD HUBLI, HUBLI 5. ABDUL REHMAN SAIT @ SAJID S/O LATE ALI AHAMED SAIT AGED ABOUT 53 YEARS SENIOR ADMINISTRATIVE ASSISTANT BEML R/O 209, 9TH B MAIN ROAD VIJAYANAGAR BANGALORE 6 6. MOHAMMED SIDDIQUE S/O MOULANA MOHAMMED MAHABOOB AGED ABOUT 55 YEARS OWNER OF READY MADE GARMENT SHOP R/O PRASHANTANAGAR CHIKKABALLAPUR KOLAR DISTRICT 7. IBRAHIM @ SYED MD. IBRAHIM S/O SYED MOHAMMED ISMAIL AGED ABOUT 45 YEARS ACCOUNTS MANAGER IN MULTI NATIONAL COMPANY R/O CHINNAPPA REDDY LAYOUT NEAR SHARADA VIDYA MANDIR VARTHUR BANGALORE 8. SYED HASANUZAMA @ SYED HASAN UZ ZAME S/O LATE SYED ABDUL AZEEZ AGED ABOUT 57 YEARS JUNIOR WARRANT OFFICER R/O AIR FORCE HEAD QUARTERS R.K.PURAM, NEW DELHI R/O SMQ 60/3, SAFED NAGAR GURGAON,HARYANA R/O NUZVEEDU ...APPELLANTS (By Sri HASHMATH PASHA, ADVOCATE) AND STATE OF KARNATAKA BY WADI POLICE STATION GULBARGA DISTRICT INVESTIGATED BY DEPUTY SUPERINTENDENT OF POLICE (F.S), C.O.D 7 BANGALORE REP BY STATE PUBLIC PROSECUTOR ...RESPONDENT (By Sri H N NILOGAL, SPECIAL PUBLIC PROSECUTOR) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 374(2) CR.P.C BY THE ADVOCATE FOR THE APPELLANTS PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTIONS DATED 21.11.2008 AND SENTENCES DATED 29.11.2008 PASSED IN S.C.NO.570/2003, ON THE FILE OF 34TH ADDL. CITY CIVIL AND SESSIONS JUDGE AND P.O SPL.COURT FOR THE TRIAL OF CHURCH BOMB BLAST CASES, CENTRAL PRISON PREMISES, BANGALORE. THESE CRL. R.C. AND CRL.As HAVING BEEN HEARD AND RESERVED FOR JUDGMENT, COMING ON FOR PRONOUNCEMENT OF JUDGMENT THIS DAY, N. KUMAR J ., ON THIS DAY, DELIVERED THE FOLLOWING: J U D G M E N T A series of bomb blasts at Churches situate at various places rocked the State of Karnataka in the year 2000 attempting to disturb the normal tranquility of the civilized society and the peace loving people of Karnataka who believe in co-existence of all religious denominations. The Karnataka Government constituted a Special Court for trial of these cases numbering four in Bangalore. These Appeals 8 and Reference arise out of the bomb blast that took place at St. Ann’s Catholic Church situated at Wadi, on 08.06.2000 at 6.30 .am. and 9.30 a.m. 2. Crl. A. No.1205/2008 is preferred by A.3, A.4, A.5, A.6 and A.7 and Crl. A. No.26/2009 is preferred by A.8, A.10, A.11, A.12, A.13, A.14, A.15, and A.16. Both these appeals are preferred against the judgment and sentence passed in S.C.No.570/2003 in Crime No.77/2000, by the 34 th Addl.City Civil & Sessions Judge and Presiding Officer, Special Court for the trial of Church Bomb Blast Cases, convicting under Section 235(2) Cr.P.C for offences under Section 120-B read with Sections 121-A, 124-A and 153-A IPC, and for other offences, for bomb blast which took place at St. Ann’s Catholic Church situated at Wadi. 3. The State has preferred Crl. R.C. No.6/2008 seeking confirmation of death sentence of A.3, A.4, A.5, A.6 and A.7. Therefore, all these appeals are taken up for 9 consideration together and disposed of by this common order. BACK GROUND 4. Accused are the members of Deeendar Anjuman Association having its head office at Asifnagar, Hyderabad in the State of Andhra Pradesh and branches at various places in that State as well as Karnataka, Goa, Maharashtra and other States. Late Hazrath Moulana Syed Siddique Kibla @ Siddique Deendar Channabasaveshwara, the founder of Deendar Anjuman was born on 07 th June 1886 to a remarried widow at Balampet near Gurimitkal in Gulbarga District. He had primary education at Hirapura Village in Gulbarga District, studied Kannada, English, Urdu, Arabic and other languages and higher education from Mohammadan College, Madras. After graduation, he practiced as an Ophthalmologist for some days in Bijapur District. He studied Ramayana, Mahabharatha, Bible, Quran, Vachana 10 Sahitya and other literature pertaining to different religions in India and was closely associated with Lingayath Community and its literature. Being a good orator with knowledge of different religions, he was able to establish social contact with people of all religions in that area. 5. Siddique Deendar Channabasaveshwara professed that he was a believer of ‘Eka Devo Bhava and ‘Sarva Dharma’, respect for all religions and that everyone should believe in ‘Ekodharma, Ekojagadguru and Ekojagadeeshwara’. Believing this, the gullible people blindly accepted him as their Guru and participated in all the meetings. This was the façade he adopted to fool the public at large, but in reality, Eko Jagadeeshwara meant Allah, Eko Jagadguru - Mohammad Paigambar and Eko Dharma - Islam; and Siddique Deendar Channabasaveshwara’s hidden agenda was to Islamise the whole world including India. 11 6. To achieve this object, Siddique Deendar Channabasaveshwara came out with the theory that the ancestors of Lingayaths originally belonged to Arab Country and resided near Egypt. When Egypt was about to flourish, they migrated to South India and were called ‘Dravidians’. 2000 years ago, rivers used to flow with red blood of cattle killed by the Hindus for consuming the meat and if a Brahmin did not eat meat, he would be an outcast. However, the Lingayaths were made to give up eating beef and chant ‘Hari Hari Sita Rama’ instead of their mahamantra ‘Hara Hara Mahadeva’ by the Aryan race that ruled the land. Jagadguru Shankaracharya was responsible for breeding jealousy among different communities and therefore cannot be called a Jagadguru. Idol worshipping was started because of Jagadguru Shankaracharya whereas even the Bible says that the idol worshippers should be killed. Therefore Mohammad Paigambar alone can be the Jagadguru. 7. To propagate the above ideas and to achieve his object and hidden agenda, Siddique Deendar 12 Channabasaveshwara wrote books titled ‘Lingayata’ in Kannada, ‘Pancha Shanti Marga’, ‘Sandhyavandana Mahasankalpa’, Hindu Muslim Ikamathya’, Zmama-Ul- Jihad’ and ‘Jagadguru’.