NAREN GOGOI AND ANOTHER Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. H. Baruah, learned counsel for the appellants. Also heard Mr. D. Das, learned Additional Public Prosecutor, Assam.

(2.) This appeal is directed against the judgment and order dated 09.12.2003 passed by the learned 1st Additional Sessions Judge (Ad hoc), Sibsagar, in Sessions Case No.33(S-S)/2002, whereby the appellants were convicted under Section 5 of the Explosive Substances Act, 1908 and sentenced to suffer rigorous imprisonment for 5(five) years each and to pay fine of Rs.1,000/- (Rupees One Thousand) each, in default, rigorous imprisonment for another 3(three) months.

(3.) One Prafulla Deka, Sub-Inspector of Police of Nazira Police Station lodged an Ejahar before the Officer-in-Charge of the said Police Station on 16.05.1994 in reference to G.D. Entry No.399 dated 15.05.1994 of the Police Station to the effect that while he, along with Chandra Kamal Lekharu, were conducting patrolling duty and miscellaneous inquiry in and around Mejenga Tinali (Tri-junction), he signaled one scooter (Vespa) coming from Namti Chariali to stop. The scooter came to a halt but at the same time, the driver fled away and the pillion rider was apprehended. Two other persons, who were coming in a motor cycle after them, had also fled away abandoning the motor cycle (Hero Honda). The name of the apprehended person was Naren Gogoi and the persons who fled away were Phunu Gogoi, Bhuban Gogoi and Amrit Gogoi, as disclosed by Naren Gogoi. It is also stated that the scooter (Vespa) bearing registration No.AS-04/7702 and the motor cycle (Hero Honda) bearing registration No.AS-04/1958, which was stated to be taken away forcibly from Manik Gogoi, one military coloured cap, belt, Rs.5,000/- (Rupees Five Thousand) and one live hand grenade No.36 MMKI OFI 1983 253K/KF83 were seized. It is further stated that Naren and Bhuban @ Bonai Gogoi were involved for a long time in dacoity, extortion and cases relating to arms and ammunitions. The accused was also taken to the Police Station. Accordingly, Nazira Police Station Case No.40/1994 under Sections 170/384/34 IPC read with Sections 4 and 5 of the Explosives Substances Act, 1908 was registered.