(1.) This appeal witnesses a challenge to the judgment and order dated 30.5.91 and 5.6.91 passed by the learned Sessions Judge, Kamrup, Guwahati in Sessions Case No 71 (K) (G) / 84 convicting the appellant under section 307, IPC and section 25 (l-B)(a) of the Indian Arms (Amendment) Act, 1983 and sentencing him to undergo imprisonment for five years and to pay a fine of Rs. 500.00 in default to undergo further imprisonment for a period of 10 days for his conviction under section 307, IPC, and also to undergo imprisonment for 2 years and pay a fine of Rs. 500.00 in default: imprisonment for 10 days under section 25(1-B)(a) of the Indian Arms (Amendment) Act, 1983. By the judgment and order dated 30.5.91 the conviction of the appellant under the aforementioned provisions of law was recorded and the sentences as above were awarded by the order dated 5.6.91. Both the sentences have been ordered to am concurrently with a direction that the period undergone by the appellant in jail custody as an under trial prisoner would be set off under section 428, CrPC.
(2.) Mr AK.Bhattacharjee, learned Senior Advocate assisted by Mr AK Das and Mr AK.Agarwal, Advocate advanced arguments on behalf of the appellant. The learned Public Prosecutors, Mr D Goswami and Mr FA Laskar, represented the State respondents.
(3.) The case of the prosecution as unfolded by the GD Entry No 1190 dated 19.11.83 of the Panbazar Police Station, Guwahati,, is that on the date of occurrence, ie, 19.11.83 at about 5.35 PM the appellant made an attempt on the life of Mr Hiteswar Saikia, the then Chief Minister of Assam by attempting to shoot him with a revolver but was over powered by the security personnel at the site and was thereafter produced at the said police station with the loaded revolver. On his production, the appellant was arrested under section 41, CrPC, and after conducting a search on him, a .22 bore revolver loaded with six rounds of .22 bore live ammunition and one chocolate colour woollen hand glove were seized.
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