RAZAK Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) This appeal is directed against the judgment and order, dated 17.03.2008, passed by the learned Additional Sessions Judge (FTC) No. 4, Kamrup, Guwahati, in Sessions Case No. 199(K)/2001, convicting the accused-appellants under Sections 302, 307 and 326 IPC, read with Section 34 IPC, and sentencing each of them to suffer, for their conviction under Section 302 IPC, read with Section 34 IPC, imprisonment for life with fine of Rs. 5,000/- and, in default of payment of fine, undergo rigorous imprisonment for another period of 6 (six) months, and to suffer, for their conviction under Section 307 IPC, read with Section 34 IPC, rigorous imprisonment for 10 (ten) years with fine of Rs. 1,000/- and, in default thereof, undergo rigorous imprisonment for 3 (three) months and further suffer, for their conviction under Section 326 IPC, read with Section 34 IPC, rigorous imprisonment for 7 (seven) years and pay fine of Rs. 1,000/- and, in default of payment of fine, undergo rigorous imprisonment for a period of 3 (three) months, all the sentences having been directed to run concurrently.

(2.) The prosecution's case, as unfolded at the trial, may, in brief, be described as under:

(3.) The case of the prosecution commences with the lodging of the First Information Report (in short, 'FIR'), on 07.01.1995, by Inspector L. Ebopishek Singh, Officer-in-Charge, Lumphel Police Station, alleging to the effect, inter alia, that from reliable information, he had come to learn that on the very day, i.e., on 07.01.1995, at about 6-15 a.m., some suspected extremists had fired upon some CRPF personnel posted at the Regional Medical College Hospital (in short, 'RMC Hospital') to guard some injured CRPF personnel, who had been lying under treatment at the said hospital, and that the firing by the extremists resulted into an encounter between the unknown extremists, on the one hand, and the CRPF personnel, on the other hand, the encounter having resulted into the death of 7 (seven) civilians and many other sustained injuries.