- (1.)The present appeal is preferred under Section 19 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 ("TADA" for short) assailing the judgment passed by the Designated Court, Guwahati in TADA Sessions Case No. 47 of 2001, whereby the Designated Court has acquitted the Appellant under TADA on the foundation that there is no material to implicate him under the provisions of TADA and found that there is adequate material to convict him under Section 302 of the Indian Penal Code, 1860 ("IPC" for short) and accordingly recorded the conviction and sentenced him to undergo rigorous imprisonment for life with fine of Rs.50,000/-, in default, to suffer further rigorous imprisonment for five years.
(2.)The prosecution case, as unfolded, is that on 2.3.1991 about 6.30 p.m., the deceased, Dr. Swapan Sathi Barman, a medical practitioner, while attending to the patients in his clinic, was shot by two unidentified youths from the point blank range as a consequence of which he breathed his last. An FIR was lodged by one Kumud Bora on the following day i.e. 3.3.1991 at Jamuguri police station under Sonitpur district and on the basis of the said FIR Station Case No. 20/91 u/s 302/34 IPC read with Sections 3/4 of TADA was registered which set the criminal law in motion.
(3.)During investigation, certain incriminating documents belonging to Assam United Reservation Movement were recovered from the residence of one Martan Dey of Tupia Gaon. The Investigating Officers examined number of witnesses who had heard about the occurrence from the wife and daughter of the deceased and on 04.11.1993, they recorded the statement of Suren Hazarika, PW-14, under Section 161 CrPC. His statement under Section 164 CrPC was also recorded. Thereafter, on the basis of the statement of Hazarika, steps were taken to apprehend the accused-appellant, and eventually on 20.02.1999 he was arrested and ultimately charge sheet was filed before the Trial Court on 29.07.2001.