GIREN RAY @ RINKU DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. P. Kataki, learned counsel appearing for and on behalf of the accused/appellant as well as Mr. D. Das, learned Addl. P.P., Assam, representing the State/respondent.

(2.) The prosecution case in brief is that on 16.07.2015, SI Dewan Wahidul Islam lodged an FIR in the Bijni P.S. stating that based on secret information on 15.0.7.2015 at about 10:30 p.m., a joint operation has been conducted by the Bijni Police along with one section of CRPF in village No.2 Dongagaon and apprehended one Giren Ray (present appellant) and recovered extorted money Rs.37,000/- from his possession. The accused person on further interrogation had disclosed regarding keeping of Rs.3,05,000/- with one Dipu Ray of Bijni Town and he guided the search party to the house of said Dipu Ray and Rs.3,05,000/- was recovered from his possession and seized the same. On further interrogation the accused disclosed about keeping of one sophisticated arms with ammunitions and he led the search party to the house of one Biren Narzary of village Chandmari under Sarbhog P.S. of Barpeta District and search was conducted and during search, on being shown by accused Giren Ray, one AK-56 rifle with 3 nos. of magazine, extortion note of ULFA(S) and other accessories which were kept concealed under the floor of a room in the house of Biren Narzary were recorded and seized.

(3.) On the basis of said FIR, the Bijni P.S. Case No.219/15 was registered, u/s.120(B)/121(A)/122/384 of the IPC, read with Section 25(1-A) of the Arms Act and u/s.10/13 of the UA(P) Act. The police started investigation and after completion of the investigation, the I.O. submitted charge sheet against three accused persons, namely Giren Ray @ Rinku Das, Dipu Ray @ Pradip Ray and Raju Das @ Raju Sarania, u/s.120(B)/121(A)/122/384 of the IPC, read with Section 25(1-A) of the Arms Act.