In the Court of the Sessions Judge, District Panchmahals at Godhra

Converted into Word by Sanjeev Sabhlok on 27 September 2013. No table has been recreated, leading to great difficulty in understanding the case. For that please download the original PDF.

Final order by P.R. Pateldated 1 March 2011

In the Court of the Sessions Judge, District Panchmahals at Godhra.

[Camp at Central Jail, Sabarmati, Ahmedabad]

Sessions Case No.69/2009

To

Sessions Case No.86/2009

And

Sessions Case No.204/2009

Exh.No. 1875

[1] PREFATORIAL PROFILE:

[2] PROSECUTORIAL PATHOLOGICAL PROGNOSIS:

[3] MEETINGS AT AMAN GUEST:

[4] RAILWAY ADMINISTRATION BULLETIN:

[5] REPORT TO MAGISTRATE: (Sec.157 CrPC)

[6] COMMENCEMNT OF INVESTIGATION: (Sec.156 CrPC)

[7] INVESTIGATING OFFICERS:

[8] ARREST AND BAIL: (Sec.41 of CrPC)

[9] ADDITION AND REMOVAL OF POTA OFFENCES:

[10] CHARGE SHEETS AND SUPPLEMENTARY CHARGE SHEETS:

[10-A] REPORTS UNDER SECTION-169 OF CRIMINAL PRO. CODE

[11] SUPPLIENCE OF COPIES OF POLICE PAPERS TO ACCUSED:

[12] COMMITTAL OF CASE TO COURT OF SESSION:

[13] LEGAL- AID TO THE ACCUSED (Sec.304 CrPC)

[14] APPOINTMENT OF SPECIAL/ASST. PUBLIC PROSECUTORS:

[15] ABATEMENT OF TRIAL:

[16] JUVENILE OFFENDERS/ACCUSED PERSONS:

[17] CHARGE AND PLEA: (Sec. 228 CrPC)

[18] CONSOLIDATION OF CASES:

[19] TESTIMONIAL COLLECTION:

(A) Railway Staff

(B) Medical Officers:

(C) F.S.L. Experts etc:

(D) Executive Magistrates

(E) Judicial Magistrates

(G) Karsevaks

(I) Fire Brigade Employees:

(J) Police Officers:

(I) G.R.P.

(II) R.P.F.

(III) City Police:

(IV) Others:

Panch witnesses: II – Discovery–Recovery:

(L) Witnesses Relating to Gold Articles:

(M) Other Witnesses:

(N) Hostile Witnesses:

(O) Investigating Officers:

[20] DOCUMENTARY EVIDENCE:

Closure:

[21] DEFENCE EVIDENCE:

[22] EXHIBITING OF DECOMENTS:

[23] FURTHER STATEMENT OF ACCUSED PERSONS:

[24] PROSECUTORIAL PROPOSITIONS AND PERCEPTIONS & DEFENCE OF THE ACCUSED: (Sec. 234 & 314 CrPC)

[25] POINTS FOR DETERMINATION:

[26] FINDINGS: as under: Page

[27] SETTLED PRINCIPLES FOR APPRECIATION OF EVIDENCE:

[28] JURISDICTIONAL ZONE: (Sec. 177, 178 etc of Cr.PC)

[29] LOCAL INSPECTION: (Sec. 310 Cr.PC)

[30] AYODHYA YAGNA - AHUTI - KARSEVA - KARSEVAKS

[31] TRAIN-STOPPAGE - PLATFORM - TIMES:

[32] ENGINES - COACHES -GUARD COACH AND DRIVERS - GUARD - TICKETS EXAMINER:

[33] RAILWAY STATION- PLATFORMS-TRACKS-BRIDGE:

[34] SIGNAL FALIA-AMAN GUEST HOUSE- PETROL PUMP-GARAGE:

[35] ‘A’ CABIN:

[36] ALI-MASJID-ALI-NI-CHAWL-FAKIRO-NI-CHAWL:

[37] RAILWAY STAFF:

[38] RAILWAY POLICE:

[40] D.S.P.- COLLECTORS- PRESIDENT NAGAR PALIKA

[42] ARRIVAL TIME ETC. OF SABARMATI EXPRESS TRAIN:

[43] DATE -TIME - PLACE OF INCIDENT:

[44] FIRST INFORMATION REPORT: (Sec.154 CrPC)

[45] DELAY IN DESPATCH OF FIR: (Sec.157 CrPC)

[46] INQUEST PANCHNAMA: (Sec.174 CrPC)

[47] INJURIES AND CAUSE OF DEATH:

[48] DNA PROFILING REPORTS:

[49] FSL REPORTS:

[50] DAMAGES TO THE COACHES:

[51] ALARM CHAIN PULLING SYSTEM:

[52] CELEBRATED PRINCIPLES FOR APPRECIATION:

[I] The human mind is an imperfect instrument which in attempting to grasp facts, unconsciously twists and turns them often.

Para-11 Experience reminds us that civilized people are generally insensitive when a crime is committed even in their presence.

[III] Mr. A.D.Shah, Ld. Advocate has placed reliance on the following decisions in this regard:

[IV] Mr.A.A. Hasan, Ld. Advocate for the defence, while drawing attention of the Court to the discrepancies in the prosecution evidence, made a reference of the following decisions:

[V] Mr. Y.A.Charkha has placed reliance on the following decisions:

[53] PAST COMMUNAL HISTORY OF GODHRA:

[54] POLICE PATROLLING ON PREVIOUS NIGHT:

[55] CANTEENS-HAWKERS ON PLATFORMS:

[56] SLOGANS-TEA/BREAKFAST BY KARSEVAKS:

[57] QUARREL WITH HAWKERS ON PLATFORM:

[58] MUSLIM LADIES-MISBEHAVIOR BY KARSEVAKS:-

[59] FIRST CHAIN PULLING:

[60] STONE -PELTING:

[61] MOB-MEMBERS-CASTE-WEAPONS-ETC:

[62] SECOND CHAIN PULLING-STOPPAGE NEAR ‘A’ CABIN:

[63] STONE PELTING NEAR ‘A’ CABIN:

[64] PRESENCE OF MEMBERS OF MOB NEAR TRAIN-TRACK:

[65] PANCHNAMA OF PLACE OF INCIDENT:

[66] PANCHNAMA OF COACH S-6:

[67] STRUCTURE MATERIALS OF COACH:

[68] SMOKE- FIRE- FIRE BRIGADE:

[69] CAUSE OF FIRE:

[70] VESTIBULE OF COACHES S-5, S-6 & S-7:

[71] EASTERN SIDE SLIDING DOOR OF COACH S-6:

[72] SOUTHERN SIDE-EAST END DOOR:

[73] INJURY SUSTAINED BY THE ACCUSED JABIR B.BEHRA:

[74] LOOT OF ORNAMENTS:

[75] KALABHAI PETROL PUMP EMPLOYEES:

[76] THREE WHEELERS TEMPO GJQ-8074:

[77] TESTIMONIAL APPRASIAL OF AJAY KANUBHAI BARIYA:

[78] ANALYSIS OF EVIDENCE OF KEY WITNESS (HAWKER) SIKANDER MOHMMAD SIDDIQ SHAIKH:

[79] EVALUATION OF EVIDENCE OF PROSECUTION WITNESS HAWKER- BHIKHABHAI HARMANBHAI BARIYA:

[80] OCCUPANT OF “GAIMAL TEA & SONS”:

[81] CONFESSION BY JABIR BINYAMIN BEHRA: (Sec.164 Cr.P.C.)

[82] CONFESSIONAL STATEMENTS UNDER SEC. 32 Of The POTA:

[83] LIE DETECTION TEST:

[84] CONSPIRACY: (Sec. 120-B IPC)

[85] T.I. PARADE: (Sec.9 CrPC)

[86] RECOVERY/DISCOVERY OF MUDDAMAL ARTICLES ETC.

[87] EVIDENTIARY VALUE OF POLICE WITNESSES:

[88] INVESTIGATION- LAPSES:

[89] RELIABILITY-CREDIBILITY OF VHP WORKERS-GODHRA:

[90] SOLITARY WITNESS-PRINCIPLES: (Sec. 134 of the Evi.Act)

[91] UNLAWFUL ASSEMBLY (Sec. 149 etc. IPC)

[92] SANCTION TO PROSECUTE: (Sec. 196 CrPC)

[93] NOTIFICATON- BOMBAY POLICE ACT-BREACH: (Sec. 37)

[94] INVOLVEMENT OF ACCUSED PERSONS:

Part – I Sessions Case No: 69/09

Accused No : 1

Part – II

(A) Oral Evidence

(B) Documentary Evidence:

Part-III

Part – I Sessions Case No: 69/09

Part – II Submissions:

Part-III

Part - I

Part – II

(A) Oral Evidence:

(B) Documentary Evidence:

Part-III

Part – II Submissions:

Part – II

(A) Oral Evidence:

(B) Documentary Evidence:

Part-III

Part – I

Part – II Submissions:

Part – II Submissions:

[95] SUMMARY OF MATERIAL MATRIX & CONCLUSION:

[96] BENEFIT OF PROBATION: (Sec. 360 CrPC)

[97] BENEFIT OF SET-OFF (Sec. 428 CrPC)

[98] FINAL ORDER:

ORDER

[99] DESIGN & DESIDERATUM OF HEARING AS MANDATED UNDER Sec. 235(2) CrPC.

Complainant:The State of Gujarat

V/s.

Accused:

Sr. No. Name of Accused Age Address UTP or On Bail

Sessions Case No. 69/09

1 Mohmmad Ansar Kutbuddin Ansari 33 Godhra On Bail

2 Baitullah Kadar Taili 67 Godhra UTP

3 Firozkhan Gulabkhan Pathan 32 Godhra UTP

4 Abdul Rehman Yusuf Dhantiya 50 Godhra UTP

5 Juniad Farooq Hayat 18 Godhra UTP

6 Issak Yusuf Luhar 50 Godhra UTP

7 Firozkhan Jafarkhan Pathan 27 Godhra UTP

8 Fakruddin Yusuf Musalman 45 Godhra Expired

9 Sabir Anwar Ansari 30 Godhra UTP

10 Inayat Abdul Sattar Jujara 57 Godhra UTP

11 Nasirkhan Sultankhan Pathan 19 Godhra UTP

12 Saddikkhan Sultankhan Pathan 20 Godhra UTP

13 Abdul Sattar Ismail Giteli 45 Godhra UTP

14 Yasin Habib Malek 20 Godhra UTP

15 Allauddin Alimuddin Ansari 22 Godhra UTP

16 Yusufkhan Alubhai Bakshubhai Kazi 43 Godhra UTP

17 Yusuf Sabbir Ismail Pathan 38 Godhra UTP

18 Yah Mohmmad Safi Mohmmad Chhakda 56 Godhra UTP

19 Guljar Ali Agnu Ansari 22 Godhra Expired

20 Abdul Ashu Mistry 40 Godhra UTP

21 Rafik Mohmmad Jamnu 30 Godhra UTP

22 Ahmed Abdul Rahim Hathi 35 Godhra On Bail

23 Samsherkhan Sultankhan Pathan 29 Godhra UTP

24 Idrish Abdullah Umarji Shaikh 32 Godhra On Bail

25 Hussain Mohmmad Dhobi-Musalman 55 Godhra Expired

26 Azgari Ali Kamruddin Ohraji 45 Godhra UTP

27 Kamal Badshah Mahmadsharif Musalman 52 Godhra UTP

28 Taiyab Abdul Haq Khoda 19 Godhra UTP

29 Suleman Ahmad Hussain @ Tiger Musalman 34 Godhra UTP

30 Mohmmad Mushrafkhan Ashrafkhan Pathan 24 Nagda, M.P UTP

31 Habidbhai Karimbhai Shaikh 26 Godhra On Bail

32 Mohmmad Ibrahim Shaikh 58 Godhra On Bail

33 Hussain Abdul Sattar Durvesh 45 Godhra On Bail

34 Saukat Mohammad Shaikh 40 Godhra On Bail

35 Ahmed Abdul Rahim Kala Shaikh 31 Godhra UTP

36 Asif @ Babu Siddiq Kadar Musalman 19 Godhra UTP

37 Abdul Rahim Kalu Musalman 68 Godhra On Bail

38 Anwar Hussain Ahmed Pittal Shaikh 27 Godhra UTP

39 Mohmmad Abdul Salam Giteli Shaikh 33 Godhra UTP

40 Abdul Rehman Abdul Majid Dhantiya @ Kankatto @ Jamburo 48 Godhra UTP

41 Salim Abdul Gafar Shaikh 39 Godhra Bail

42 Mohmmad Hussain Abdul Rahim Kalota 47 Godhra UTP

43 Abdul Gani Ahemad Shaikh 42 Godhra On Bail

44 Jabir Abdullah Kalam Musalman 46 Godhra On Bail

45 Abdul Rauf Ahmed Yaymin-Musalman 41 Godhra UTP

46 Sirajbhai Abdullah Jamsa- Musalman 52 Godhra Expired

47 Abdul Razak Abdul Rahim Dhantia 50 Godhra On Bail

48 Bilal Ismail Abdul Majid Sujela @ Bilal Haji 41 Godhra UTP

49 Kasim Abdul Sattar @ Kasim Biryani Gaji Ghanchi-Musalman 22 Godhra UTP

50 Irfan Siraj Pado Ghanchi- Musalman 19 Godhra UTP

51 Anwar Mohmmad Mehda @ Lala Shaikh 22 Godhra UTP

52 Abdul Razak Yakub Ismailwala @ Moto Bando Shaikh 45 Godhra UTP

53 Mohmmad Syed Abdul Salam Badam Shaikh 31 Godhra UTP

54 Issak Mohmmad Ghanchi Mamdu Musalman 30 Godhra UTP

Sessions Case No. 70/09

1 Sabbir @ Bhupatno Bhuriyo Abdul Rahim Badam 28 Godhra UTP

2 Abdul Razak Mohmmad Kurkur 44 Godhra UTP

3 Nannumiya @ Nikki Tamjadali Chaudhry 39 Gangapur UP UTP

Sessions Case No. 71/09

1 Siddik @Matunga Abdullah Badam Shaikh 46 Godhra UTP

2 Mehboob Yakub Mitha @ Popa 30 Godhra UTP

3 Ramjani Binyamin Behra 28 Godhra UTP

4 Hasan Ahmed Charkha @ Lalu 23 Godhra UTP

5 Mohmmad Hanif @ Motto Chamro Abdul Rahim Bhatuk 35 Godhra UTP

6 Muzfar Usman Hayat 32 Godhra UTP

7 Iliyas Sikandar Giteli @ Moto Sikal 31 Godhra Expired

Sessions Case No. 72/09

1 Idrish Ibrahim Charkha @ Shaka 26 GodhraOn Bail

2 Jabir Binyamin Behra 20 GodhraUTP

Sessions Case No. 73/09

1 Mehboob Khalid Chanda 31 GodhraUTP

2 Irdish Yusuf Ismail Mafat @ Idrish Ravan 32 GodhraUTP

Sessions Case No. 74/09

1 Maulvi Hussain Haji Ibrahim Umarji 55 GodhraUTP

Sessions Case No. 75/09

1 Soheb Yusuf Ahmed Kalandar 22 Godhra UTP

2 Habib @ Badshah Binyamin Behara 23 Godhra UTP

3 Rafik Ahmed Alam @ New Muslim Jaan Mahmmad @ Halif Patel @ Boom 32 Godhra On Bail (Pasa)

4 Roll @ Ruhul Amin Hussain Hathila 35 Godhra UTP

5 Saukat @ Bhano Farook Abdul Sattar Pataliya 23 Godhra UTP

6 Siddik Mohmmad Mora (Moraiya) 35 Godhra UTP

Sessions Case No. 76/09

1 Yakub Abdul Sattar Shakla 49 GodhraUTP

2 Abdul Karim Haji Hussain Badam 40 GodhraUTP

Sessions Case No. 77/09

1 Salim @ Salman Yusuf Sattar Zarda 27 GodhraUTP

2 Abdul Sattar Ibrahim Gaddi Asla 39 GodhraUTP

3 Anwar Abdullah Ahmed Kalaldar 20 GodhraJuvenile Court

Sessions Case No. 78/09

1 Abdul Rauf Abdul Majid Isa @ Dhesli @ Kamli 48 Godhra UTP

2 Yunus Abdulhaq Samol @ Ghadiyali 24 Godhra UTP

3 Mohmmad Sakir @ Babu Abdul Kadir Abdul Gani Pathadia 18 Godhra Juvenile Court

4 Usmangani Mahmmad Ibrahim Kofiwala 38 Godhra UTP

5 Ibrahim Abdul Razak Abdul Sattar Samol @ Bhano 20 Godhra UTP

Sessions Case No. 79/09

1 Siraj Mohmmad Abdul Raheman Meda @ Bala 27 Godhra UTP

2 Rafik Mahammad Abdul Majid Umar @ Rafiqk Bhopo Ghanchi-Kakandar 30 Godhra UTP

3 Bilal Abdullah Ismail Badam Ghanchi 34 Godhra UTP

4 Farook @ Haji Bhuriyo Abdul Sattar Ibrahim Musalman-Gaji 36 Godhra UTP

Sessions Case No. 80/09

1 Siddik Abdul Rahim Abdul Sattar Bakkar Muslim Shaikh 48 Godhra UTP

Sessions Case No. 81/09

1 Rayeesh Hussain Isamail Mitha @ Bhaina Ghanchi-Musalman 22 Godhra UTP

2 Irfan Abdul Majid Ghanchi Kalandar @ Irfan Bhobho 25 Godhra UTP

Sessions Case No. 82/09

1 Irfan Mohmmad HanifAbdul Gani Pataliya 22 Godhra UTP

2 Ayub Abdul Gani Ismail Pataliya 37 Godhra UTP

3 Saukat Abdulah Maulvi Isamail Badam 40 Godhra UTP

4 Mohmmad Hanif @ Hani Abdullah Maulvi Ismail Badam 42 Godhra UTP

Sessions Case No. 83/09

1 Idrish @ Thunsh Abdul Gani Abdul Majid Ranta 31 Godhra UTP

Sessions Case No. 84/09

1 Mehbub Ahmed Yusuf Hasan @ Latiko 27 Godhra UTP

Sessions Case No. 85/09

1 Saukat Yusuf Ismail Mohan @ Bibino 28 Godhra UTP

Sessions Case No. 86/09

1 Siddik Ibrahim Hathila 54 Godhra UTP

Sessions Case No. 204/09

1 Ibrahim Aadam Dhantiya-Kachuka 48 Godhra UTP

Appearance:

Mr.J.M. Panchal, Ld. Sp.P.P. Mr.A.Y. Kogje, Ld. Sp.A.P.P.

Mr. N.N.Prajapati, Ld. Sp.A.P.P.For the State

Mr.A.D.Shah, Ld.Advocate,

[For the accused Nos.4,6,10,13,38,42,51,52,54,58, 59, 61, 69, 75, 78 to 82,84, 85, 86 to 89, 91 to 99]

Mr.A.A.Hasan, Ld.Advocate,

[For the accused Nos. 1 to 3, 5, 18, 22, 24, 26 to 31,37,

41, 43, 47, 53, 63, 65, 67, 70,71, 74, 77, 90, 100, 101]

Mr.Y.A.Charkha, Ld.Advocate,

[For the accused Nos. 16, 32 to 35, 44, 45, 49, 50,

62, 72, 73, 76]

Mr.L.R.Pathan, Ld.Advocate, 55, 56, 60, 66]

[For the accused Nos. 7, 9, 14, 17, 36,

Mr.I.M.Munshi, Ld.Advocate,

[For the accused Nos. 11, 12, 15, 20, 21, 23, 40, 48, 68]

Mr.S.M.Dadi, Ld.Advocate,

[For the accused Nos 39 and 57]

CHARGE: For the Offences punishable under Sections - 143, 147, 148, 302, 307, 323, 324, 325, 326, 332, 395, 397, 435, 186 and 188 read with 120-B, 149, 153-A, 212 of the I.P. Code, Sections- 141, 150, 151 and 152 of the Indian Railways Act, Sections-3 and 4 of the Prevention of Damages to Public Property Act, and Section-135(1) of the Bombay Police Act.

:: J U D G M E N T::

[1] PREFATORIAL PROFILE:

The gist of the trial against these 101 accused persons is that:

“On 27/2/2002, an unfortunate incident took place, when 59 passengers lost their lives on account of fire caused in the S-6 Coach of Sabarmati Express Train, near the Godhra Railway Station and more than 48 passengers sustained injuries.

Criminal complaint came to be filed being C.R. No. 9 of 2002, at Godhra Railway Police Station on 27-2-2002 itself, for the offences punishable under Sections 302, 307, 147, 148, 149, 436, 153-A read with Section- 120-B of the Indian Penal Code and Section - 141, 150 and 153 of the Indian Railways Act, 1989. Later on, the provisions of the Prevention of Terrorists Act, 2002 were also invoked.”

[2] PROSECUTORIAL PATHOLOGICAL PROGNOSIS:

The facts of the complaint given by complainant Engine Driver Mr.Rajendra Rao Raghunath Rao Jadav, and the facts revealed during the subsequent investigation, may be stated briefly, as under:

[A] Karsevaks who had gone to Ayodhya for offering Ahuti in the Ram Yagna held at Ayodhya were returning by Sabarmati Express train No. 9166 DN on 27-2-2002.

On learning about return of Karsevaks from Ayodhya by train, at about 9.00 p.m. on 26-2-02, the conspirators co-accused of this case, namely Salim Jadra, Shaukat Ahmed Charkha alias Lalu andSalim Haji Ibrahim Badam alias Salim Panwala, had called Jabir Binyamin to the room No. 8 of Aman Guest House belonging to one of the conspirators, Abdul Rajak Kurkur. After discussion, they purchased petrol in 20 liters carboys from Kalabhai’s petrol pump and kept the tempo on the back side of Aman Guest House. At that time, Imran Ahmed Bhatuk alias Sheru, Hassan Ahmed Charkha and Mahebub Khalid Chanda came there and all kept those carboys in the house of Abdul Rajak Kurkur. During late night, these conspirators and co-accused persons namely, Bilal Ismail Abdul Majid Sujela alias Bilal Haji and Faruk Mohmmad Bhana had gone to the above co-accused persons and told that they had already met Maulavi Hussain Hazi Ibrahim Umerji who ordered that Coach No. 6 of Sabarmati Express Train coming from Ayodhya be set on fire. Thereafter, a meeting of conspirators was again held in the guest house. After ascertaining that Sabarmati Express Train was running late by 4 hours, they dispersed at about 1.30 a.m. to come back again to that guest house at 6 a.m. to 6.30 a.m.

[B] This Sabarmati Express Train, on the next day i.e. on 27-2-2002 had come from Dahod side and stopped at Godhra Railway Station at 7.43 a.m. Some karsevaks and passengers alighted on the platform for having tea and breakfast. At that time, Karsevaks were shouting “Jai shri Ram” and other slogans. In the meantime, some Karsevaks had some altercations with regard to tea with Muslim community hawkers. The train started for Vadodara from Godhra Railway Station at 7.47 a.m. In the meanwhile, somebody from the train pulled the chain, hence the train stopped. At that time, some persons of Muslim community residing in Signal Faliya and otherareas near Godhra Railway Station, formed an unlawful assembly, gathered in the open space situated near parcel booking office on the Godhra Railway Station, and pelted stones on the coaches of Sabarmati Express train and its passengers.

[C] In the meantime, the train again started. The train reached near “A” Cabin of Godhra railway station at 8.05 a.m. At that time, the accused persons, with malafide intention and with a view to fulfill their criminal conspiracy turned down the disk by pulling chain from S-5 and S-6 coaches of the train and stopped the train. At that time, the accused named in column No. 1 & 2 of the charge-sheet along with a mob of about 900 persons formed an unlawful assembly, spread terror by setting on fire Coach No. S-6 in which maximum Karsevaks were traveling, and with a view to spread communal disharmony, hatched a pre-planned criminal conspiracy equipped with deadly weapons and carboys of inflammable liquids and with a view to fulfill their common intention shouted slogans like “ Pakistan Jindabad”, “Hindustan Murdabad” and “ Hindu Kafiro ko Jala dalo” and without caring whatsoever that it would result into communal riots, malafidely incited and excited with communal frenzy, assaulted Sabarmati Express Train, pelted stones on these coaches of the train and passengers, poured inflammable liquid like petrol on coach S-6 of the train and set it on fire, as a result of which, out of the passengers travelling in the said train, 59 females, males and children were set on fire and they were killed and murdered and physical injuries to about 48 males, females and children were intentionally caused by fire and stone pelting and thus, an attempt was made to murder them.

[D] They also caused damages to S-5 and S-7 coaches by fire and thereby, caused damages to the tune of Rs. 7,31,250/- to the properties of Railways and also caused damages to the goods of the passengers by fire. The accused persons committed this act without thinking and caring whatsoever that it will cause breach of public peace and that it will result into communal riots in Gujarat because of anger amongst the people of Hindu community and thereby have committed breach of Notification No. U/MKP/PLS/MJS/Vashi/433 dated 14/2/2002 issued by Addl. Dist. Magistrate, Panchmahals, Godhra and thereby committed the offences etc.

[3] MEETINGS AT AMAN GUEST:

As alleged two meetings had taken place in the Aman Guest House, Signal Faliya, Godhra in the night of 26th February, 2002. Abdul Rajak Kurkur, the owner of the Guest House and his close associates decided to collect petrol in the night of 26th February, 2002 itself and 140 litres of petrol had been collected from a nearby petrol pump and kept in the Aman Guest in the night of 26th February, 2002. Haji Bilal and Faruk Bhana had communicated a specific instruction of Maulvi Husain Umarji for setting bogey No. S-6 of the Sabarmati Express Train coming from Ayodhya on fire. The movement of train was verified from Godhra Railway Station in the early hours of 27th February, 2002, as it was running four hours behind the schedule. The chain pulling was done simultaneously from various compartments, soon after the train started after the first chain pulling which was done at the platform. The petrol Cans which were stored at Aman Guest House were taken in a loading rickshaw, near the “A” Cabin and the bogey was set on fire by putting burning rags inside the compartment and through broken windows by the miscreants. Few culprits had forcibly entered into the compartment by cutting open the vestibule and petrol was emptied in that compartment. The passengers were terrorized by beating them and pelting of stones and were prevented from coming out from the burning compartment, provocative slogans were shouted from the loudspeaker from a nearby mosque to arouse passions in the violent mob. Fire tankers were prevented from going near the place of the incident.

[4] RAILWAY ADMINISTRATION BULLETIN:

The Accident Bulletin issued by the Railway Administration on 28-2-2002, particularly item Nos. 9 to 13 are as under: