GANESH GOGOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal has been filed under Section 19(1) of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (hereinafter referred to as the 'TADA(P) Act') impugning the judgment dated 11.7.2007 passed by the learned Designated Court, Assam, Guwahati in Sessions Case No. 68 of 2001 whereby the appellant has been convicted by the learned Judge of the Designated Court under Section 3(2)(i) TADA(P) Act and was sentenced to undergo imprisonment for life and to pay a fine of Rs.2000/- in default further imprisonment for six months.

(2.) On the benefit of doubt being extended, the other accused, namely, Premodhar Gogoi was acquitted.

(3.) The material facts of the case as alleged by the prosecution are that on 2.9.1991 at about 7.30 a.m., Sub-Inspector B. Kalita, who was in-charge of Naohalia Out Police Post informed the Office-in-Charge of Bordubi Police Station over telephone that on the previous day i.e. on 1.9.1991 at about 7.30 p.m. one Dinanath Agarwalla Naohalia was taken away in a Maruti car by some unknown persons and this information was entered vide General Diary Entry No. 19 dated 2.9.1991.