DIPANJALI BORGOHAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A.K. Das, learned counsel for the appellant in Criminal Appeal No.311/2019; D.K. Bhattacharyya, learned counsel for the appellant in Criminal Appeal No.305/2019 and Mr. A. Khanikar, learned counsel for the appellant in Criminal Appeal No.365/2019. Also heard Ms. S. Jahan, learned Additional Public Prosecutor for the respondents.

(2.) The appellants have filed the above three appeals under Sec. 374(2) Cr.P.C. against the judgment dtd. 4/7/2019 passed by the learned Sessions Judge, Dhemaji in Sessions Case No.127(DH)/2011 arising out of Dhemaji P.S. Case No.202/2004. The appellants Smt. Dipanjali Borgohain, Shri Lila Gogoi and Shri Jatin Dowari in Criminal Appeal No.311/2019 and appellant Muhi Handique in Criminal Appeal No.305/2019 have been convicted and sentenced under :- (i) Sec. 302 IPC read with Sec. 120B IPC; (ii) Sec. 323 IPC read with Sec. 120B IPC; (iii) Ss. 3(a) and 4(b)(i) of the Explosive Substances Act read with Sec. 120B IPC and (iv)Sec. 10(b)(i) and 13(1)(a) of the Unlawful Activities (Prevention ) Act, 1967 (hereinafter referred to as "the 1967 Act"). The appellant Hemen Gogoi in Criminal Appeal No.365/2019 has been convicted and sentenced under Sec. 10(a)(iv) and 13(2) of the 1967 Act.

(3.) The appellants have been convicted on the above charges in relation to a bomb blast which occurred at 8:55 a.m. on 15/8/2004 in the Dhemaji College Play Ground, where Independence Day celebrations were going on. The effect of the bomb blast killed 13 persons including 10 children on the spot, while grievously injuring 19 to 20 persons. It is the case of the State respondents that the United Liberation Front of Assam (ULFA in short), a militant outfit banned by the Government of India, had exploded a bomb in order to create an atmosphere of terror, with an aim to create an independent nation by declaring war against the State.