MIJINK BASUMATARY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. SC Biswas, learned counsel for the appellant and Ms. S Jahan, learned Additional Public Prosecutor appearing for the State of Assam.

(2.) This is an appeal against the judgment and order dated 05.08.2016 of the learned Sessions Judge, Chirang, Kajalgaon, Assam passed in Sessions Case No.46(RKT)/2016, whereby the accused/appellant was convicted and sentenced to undergo rigorous imprisonment for life and also to pay a fine of Rs.10000/- and in default, simple imprisonment for another 06(six) months for committing the offence under Section 4(b) of the Explosive Substances Act, 1908.

(3.) The prosecution case in brief is that an ejahar dated 07.12.2015 was lodged by Sub Inspector of Police namely Paul Lalhlimsang of Shantipur Police Post of Runikhata Police Station stating that based upon a secret information regarding presence of one NDFB(S) lady cadre namely Smti Mijing Basumatary at Dwigudung village, the informant along with police personnel and personnel of the 7th Sikh Army Camp, Khungring conducted a search operation at Dwigudung village at about 13.30 hours and apprehended one Smti Mijing Basumatary @ Mainao from the house of Smti Nani Muchahary at Dwigudung village. It was stated in the ejahar that on interrogation at the spot, the person arrested had confessed that she had kept one hand grenade and had lead the search party to the place where the grenade was concealed and accordingly the grenade was recovered and seized. It was further stated that on preliminary investigation, it was found that the person arrested is a trained NDFB(S) lady cadre and is actively involved in unlawful activities in the BTAD Area.