SANKAR PATOR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B. Haldar, learned counsel for the appellant and also Ms. B. Bhuyan, learned Additional Public Prosecutor, Assam.

(2.) This appeal is directed against the judgment and order dtd. 17/7/2017 and 18/7/2017 passed by the learned Sessions Judge, Morigaon in Sessions Case No. 39/2017, whereby the appellant was convicted under Sec. 120(B)/307/511 IPC read with Sec. 4 of the Explosive Substance Act and sentenced to undergo rigorous imprisonment for a term of 10 years and to pay a fine of Rs.25,000.00, in default to pay the same to suffer rigorous imprisonment for 1 year for the offence under Sec. 120(B) IPC. (A) He was also sentenced to undergo imprisonment for 10 years and to pay fine for Rs.25,000.00 and in default of payment of fine, to suffer rigorous imprisonment for 1 year for the offence under Sec. 307 IPC. (B) He was also sentenced to undergo rigorous imprisonment for life and fine of Rs.50,000.00 and in default to undergo rigorous imprisonment for 2 years for the offence under Sec. 4 of the Explosive Substance Act, on pleading his guilty.

(3.) The factual matrix leading to the case of the prosecution is that on 24/7/2015 the informant lodged an FIR before the Officer In-charge, Jagiroad PS stating inter alia that on 23/7/2015 at about 7.20 PM, while he and his employee were sitting in his shop at Jagiroad Dry Fish market, suddenly some unknown culprits threw some article in a plastic bag. On opening of the said plastic bag by his employee, he could see the same as a grenade like article and they accordingly informed the police.