ASIT KUMAR SEN GUPTA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) IN this criminal appeal, the appellant has called in question his conviction and sentence under Section 124-A of the IPC; under Sections 8 (1), 8 (3) & 8(5) of the Chhattisgarh Vishesh Jansuraksha Adhiniyam, 2005 (for short 'the Act of 2005') and under Section 18 & 39(2) of the Unlawful Activities (Prevention) Act, 1967 (for short 'the Act of 1967') as amended by the Act of 2004. For offence under Section 124-A of the IPC, he has been sentenced to undergo R.I. for 3 years & to pay a fine of Rs.500.00, in default of payment of fine to further undergo additional R.I. for 3 months; for offence under Sections 8(1), 8(3) & 8(5) of the Act of , 2005, he has been sentenced to undergo R.I. for 3 years & to pay a fine of Rs.500.00, in default of payment of fine to further undergo R.I. for 3 months for each of the offence; for offence under Sections 18 & 39 (2) of the Act of 1967, as amended by the Act of 2004, he has been sentenced to undergo R.I. for 8 years & to pay a fine of Rs.500.00, in default of payment of fine to further undergo R.I. for 3 months for each of the offence.

(2.) CASE of the prosecution, in short, is that the appellant was residing in a rented premises belonging to one Ashwini Kumar Sharma at Gabrapara, Raipur. While residing therein, the appellant, in conspiracy with the members of Communist Party of India (Maoist) used to spread hatred and contempt and excited/ attempted to excite disaffection towards the Government established by law in India either by speaking or writing against the Government. He was possessed of Maoist literature in conspiracy with persons belonging to Community Party of India (Maoist), a banned organization and used to incite the people to become member of the said banned organization by involving in terrorist act as defined under the Act of 1967. He was also alleged of supporting terrorist organization to further his activity by encouraging support for the said banned organization. He was also alleged of being a member of an unlawful organization or taken part in meetings or activities of such organization or contributed or received or solicited contribution for the purpose of such organization as also managed or assisted in the management of an unlawful organization or promoted or assisted in promoting a meeting of such organization or any member thereof, or in any way indulged in unlawful activity of such organization in any manner or through whatever medium or device and also committed or abetted or attempted to commit or planned to commit any unlawful activity in any specified area, which is punishable under the Act of 2005.

(3.) ON receiving secret information, the appellant's premises was raided on 22-1-2008 and in the search, huge volumes of naxal literatures were recovered. Apart from printed literatures, one computer, CPU was also seized, which was sent for forensic examination to the Central Forensic Science Laboratory, Hyderabad and the report received from FSL Hyderabad whose print out is part of the record, contained huge volumes of naxal literatures.