AMIRUL ISLAM S/O LATE NESAB UDDIN Vs. THE STATE OF ASSAM AND ANOTHER
HIGH COURT OF GAUHATI
Amirul Islam S/O Late Nesab Uddin
The State Of Assam And Another
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MIR ALFAZ ALI, J. -
(1.) Both these appeals being against the common judgment and order dated 04.05.2017 passed by learned Sessions Judge, Silchar in Sessions Case No. 31/2016, are taken together for hearing and disposal. By the said judgment, learned Sessions Judge convicted both the appellants under Section 5 of the Explosives Substance Act and Section 120(B) IPC and sentenced them to RI for 10 years and fine of Rs. 5,000/- with default stipulation under both the sections. Both the sentences were to run concurrently.
(2.) An FIR was lodged by one Kumar, a Subedar of 11th Field Regiment stating that on 10.08.2009 at about 17.30 hours, one R.C. IED weighing 30 kg, 12 V92 AH Battery and a power convertor were recovered from the accused Moni Khan of village Lalpani. It was also stated in the FIR, that the arms/ammunitions/explosives recovered were already destroyed. On the basis of the said FIR, police registered a case being Lakhiur PS Case No. 235/2009 under Section 120(B) IPC read with section 4/5 of the Explosives Substances Act and after the usual investigation, laid charge-sheet against both the appellants, who eventually stood trial before the Court of Sessions.
(3.) Learned Sessions Judge framed charges under Section 5 of the Explosives Substance Act as well as under Section 120(B) IPC, to which both the appellants pleaded not guilty. In order to establish the charge, the prosecution examined 6 (six) witnesses and on appreciation of evidence, learned Sessions Judge convicted both the appellants under Section 5 of the Explosives Substance Act and under Section 120(B) IPC and awarded sentence as indicated above.;
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