PRABIN SAIKIA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) THIS appeal is presented against the judgment dated 3.8.2001 in Sessions Case No.1/1989 rendered by the learned Sessions Judge, Shillong, whereby the appellant is convicted under Section 5 of the Explosive Substance Act, 1884 and sentenced to undergo R.I. of 3 years and a fine of Rs.2000/-, in default, to further R.I. for 1 year.

(2.) I have heard Mr. P. Kataki, learned counsel appearing for the appellant and Mr. A.C. Buragohain, learned counsel appearing for the CBI.

(3.) 5.1 The Chief Investigation Officer of the CBI Mr. Murari Lal (hereinafter referred to as the "Chief I.O.") interrogated the appellant on 17.7.1981 and the following statement of the accused was recorded by the Chief I.O. on 17.7.1981. "On interrogation by Sri Murari Lal, Dy. SP/CBI and in the presence of S/Sh P.V. Ravindran, J.E.(E) and Kailash Ram, JE (Civil), I state that one grenade along with its 22 cap fuse and detonator which was given to me by Sr. Niren Sharma s/o late Suryadhar Sharma r/o Dagaon, P.S. Dhekargora, Jorhat, has been concealed by me underground under the granary of my house at Seujipam, which I can point out and get the same recovered. The grenade and its parts are wrapped with a khaki paper duly covered by a polythene bag." 5.2 The statement marked as Ext. P-35 was witnessed by two independent witnesses PV Ravindran (PW-27) and Kailash Ram (PW-40).