LAWS(GAU)-2016-1-53

UPEN SARMA Vs. STATE OF ASSAM

Decided On January 28, 2016
Upen Sarma Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) The judgment of conviction dated 15.11.2011 of the accused appellant under Sec. 302 Penal Code by the learned Judge, Designated Court, Assam, Guwahati in TADA Sessions Case No. 52/2000 and sentencing him to Rigorous Imprisonment for life and to pay fine of Rs. 1,000.00, in default, to Rigorous Imprisonment for another 6 (six) months is the subject matter of challenge in this appeal.

(2.) The sum and substance of the prosecution case is that on 03.12.1992, at about 9.30 am, the informant, Minaram Deka along with his friend Phuleswar Deka (since deceased) were proceeding towards Mangaldoi College in their bicycles. When they arrived at Jonaram Chowk, they were kidnapped by the accused appellant, Upen Sarma and his associates and were taken to Adhikari village, where they were kept under confinement and assaulted, as a result of which, they sustained grievious injuries. After assaulting them, they were blind folded and left on the road and asked to run away and while running away, they fell into a ditch and sustained injuries. They were again assaulted by Upen Sarma and his associates and thereafter, they were carried in two bicycles and left in the side of the road at village Adhikari. The local people having come to know about the incident informed police, police arrived at the spot and took them to hospital. The injured Phuleswar Deka succumbed to the injuries at night and Minaram Deka was admitted in the hospital and he had to remain in hospital for about twenty days.

(3.) The written FIR was filed by Minaram Deka, on the next day, on the basis of which, a case was registered vide Mangaldoi P.S. Case No. 172/1992 and on completion of investigation Charge-Sheet was submitted against Upen Sarma, Deben Medhi and Mathura Mohan Saharia under Sec. 302 Penal Code and Sec. 3(2)(I) of TADA (P) Act. Charges under the aforesaid Sections having been framed, the accused appellant and the co-accused pleaded not guilty and claimed to be tried.