SRI HEMEN GOGOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Khanikar, the learned counsel for the applicant and Ms. S. Jahan, the learned Addl. P.P. Assam.

(2.) The applicant has filed this application under Section 389 of the Cr.P.C. for suspending the sentence passed against the applicant vide judgment and order dated 04.07.2019 by the learned Sessions Judge, Dhemaji in Sessions Case No. 127(DH)/2011 convicting the applicant under Section 10(a)(iv) of the Unlawful Activities (Prevention) Act, 1967 sentenced to undergo rigorous imprisonment for a term of 2 years and to pay a fine of Rs. 5,000/- in default a further term of rigorous imprisonment of 2 months and also convicting him under Section 13(2) of Unlawful Activities (Prevention) Act, 1967 (hereinafter referred as UA(P) Act) and sentenced him to undergo rigorous imprisonment for 4 years and fine of Rs. 5,000/- in default R.I. for 2 months.

(3.) It is submitted by Mr. A. Khanikar that the learned court below held the involvement of the applicant along with one Chandra Nath Gogoi as both of them gave shelter to ULFA members in their house. On 15.08.2004 and prior to the said date, they were busy with construction work of their house at Dhemaji Jyoti Nagar away from their residence they were residing at that relevant point of time. Hemen Gogoi produced one bag containing some articles like toothpaste, gamocha, a knife and one pocket diary. The said bag was seized by PW-44, Indreswar Hazarika, the ASI of the police. Citing the aforesaid finding, Mr. Khanikar submitted that there was no definite proof and/or manner in which the applicant assisted the unlawful organization in carrying out the unlawful activities of ULFA.