MD. ABUL KASEM Vs. STATE OF ASSAM

JUDGEMENT

(1.) These three appeals being against the common judgment and order dated 30.09.2011 passed by the learned Sessions Judge, Morigaon, in Sessions Case No.107/2006, are taken up together for hearing and disposal, as agreed to by the learned counsel appearing for the parties. By the aforesaid judgment and order the learned Sessions Judge, Morigaon, has convicted all the appellants, namely, Md. Abul Kasem, Nuruddin (appellants in Crl.A. No.180/2011), Hussain Ali (appellant in Crl.A. No.217/2011) and Abdul Jabbar (appellant in Crl.A.(J) No.115/2011) under Section 364A IPC and sentenced them to undergo rigorous imprisonment for life and to pay a fine of Rs.5,000/-; under Section 120B IPC and to undergo rigorous imprisonment for 5(five) years; under Section 121A IPC and to pay a fine of Rs.2,000/-, in default, to suffer simple imprisonment for 1(one) year; under Section 25(i)(a) of the Arms Act and to undergo rigorous imprisonment for 3(three) years and to pay a fine of Rs.2,000/-, in default, to suffer simple imprisonment for a further period of 6(six) months and also under Section 4 and 5 of the Explosives Substances Act and to undergo rigorous imprisonment for a period of 5(five) years and to pay a fine of Rs.5,000/-, in default, to suffer simple imprisonment for a further period of 2(two) years.

(2.) A criminal investigation was set in motion on lodging of the first information report on 27.08.2000 by Sri Ram Dulal Rajbhar (PW-1) alleging that one Paresh Bordoloi, Md. Hussain Ali (appellant in Crl.A. No.217/2011) and few other miscreants had confined his brother Naresh Rajbhar (PW-2), who was taken from his house on 23.08.2000 and has subsequently been recovered by the police personnel of Batadraba Police Station, based on which Jagiroad P.S. Case No.114/2000 under Section 364A/34 IPC was registered. The police on the basis of the same started investigation, during which the statements of the witnesses, who are acquainted with the facts, were recorded, seizure was made and on completion of investigation submitted the charge-sheet against all the accused appellants under Section 364A/120B/121A/34 IPC read with Section 25(i)(a) of the Arms Act and Section 4 and 5 of the Explosives Substances Act. Two accused persons, namely, Paresh Bordoloi and Someswar alias Bikram alias Janjoni, however, were declared as absconder. The learned Magistrate committed all the accused appellants for trial to the Court of Sessions on 08.11.2006, whereafter Sessions Case No.107/2006 has been registered. Charges under Section 364A/120B/121A/34 IPC read with Section 25(i)(a) of the Arms Act and Sections 4 and 5 of the Explosives Substances Act were thereafter framed by the learned Sessions Judge on 22.01.2007, which when read over and explained to the accused appellants, who faced the trial, pleaded not guilty and claimed to be tried. Hence the trial commenced against the present appellants. The learned Sessions Judge upon appreciation of the evidence adduced by the prosecution has passed the judgment of conviction as noticed above. Hence the present appeals.

(3.) We have heard Mr. H.R.A. Choudhury, learned Sr. counsel assisted by Ms. S.K. Nargis appearing for the appellants in Crl.A. Nos.180/2011 and 217/2011; Ms. S. Sarma, learned amicus curiae appearing for the appellant in Crl.A.(J) No.115/2011 and Mr. Dhanesh Das, learned Addl. Public Prosecutor appearing for the State.