MOHET HOJAI Vs. NATIONAL INVESTIGATION AGENCY

JUDGEMENT

(1.) These appeals under Sec. 374 of the Cr.PC are directed against the judgment dtd. 22/5/2017 passed by the learned Special Judge, NIA in Special NIA Case No.1/2009 [National Investigation Agency (NIA) Vs. Shri Phojendra Hojai and 12 Ors.], whereby the appellants herein have been convicted and sentenced as under:- <IMG>JUDGEMENT_107_LAWS(GAU)8_2023_1.jpg</IMG> <IMG>JUDGEMENT_107_LAWS(GAU)8_2023_2.jpg</IMG> <IMG>JUDGEMENT_107_LAWS(GAU)8_2023_3.jpg</IMG> <IMG>JUDGEMENT_107_LAWS(GAU)8_2023_4.jpg</IMG> <IMG>JUDGEMENT_107_LAWS(GAU)8_2023_1.jpg</IMG>

(2.) We have head Mr. D.K. Mishra, learned senior counsel, assisted by Mr. B. Prasad, learned counsel representing the appellants in Crl. Appeal No.238/2017 and Crl. Appeal No.237/2017; Mr. S. Borgohain, learned counsel representing the appellants in Crl. Appeal No.256/2017 and Crl. Appeal No.261/2017; Mr. Z. Kamar, learned senior counsel, assisted by Mr. Z. Alam, learned counsel representing the appellant in Crl. Appeal No.233/2017; Mr. Z. Kamar, learned senior counsel, assisted by Mr. D. Talukdar, learned counsel representing the appellant in Crl. Appeal No.290/2017; Mr. P. Kataki, learned counsel representing the appellant in Crl. Appeal No.286/2017; Mr. B.K. Mahajan and Mr. N.J. Das, learned counsel representing the appellant in Crl. Appeal No.259/2017; Mr. N.N.B. Choudhury, learned counsel representing the appellant in Crl. Appeal No.206/2017 and Mr. A. Chowdhury, learned senior counsel, assisted by Ms. B. Chowdhury, learned counsel representing the appellants in Crl. Appeal No.205/2017 and Crl. Appeal No.262/2017. Also heard Mr. R.K.D. Choudhury, learned Deputy Solicitor General of India, assisted by Ms. B. Devi, learned counsel; Mr. Sathyanarayana, learned Senior Public Prosecutor, NIA; Mr. D.K. Das, Special Public Prosecutor, NIA, assisted by Ms. G.D. Choudhury, learned counsel representing the respondents.

(3.) It may be stated here that another case being NIA Case No.2/2009 was also registered by the National Investigation Agency (NIA) in relation to a different incident dtd. 11/2/2009 but with generally similar allegations. On 19/10/2010, NIA filed a petition seeking joint trial of NIA Case No.1/2009 and NIA Case No.2/2009. The learned Special Judge rejected the said prayer on 4/12/2010 but later on,vide the order dtd. 1/8/2013, the said prayer was accepted. The set of witnesses in both the cases were common and thus, evidence of the witnesses was commonly recorded in NIA Case No.1/2009 and NIA Case No.2/2009. Nonetheless, despite the order of clubbing, the cases were decided by separate judgments on the same day, i.e. 22/5/2017.