- (1.) The case relates to brutal killing of a former minister of Assam, Late Nagen Neog and as many as 9 (nine) persons, including body guards and staff. The incident took place on 06.05.1996, at about 07:30 pm on a public road at Village Singijan, in the district of Golaghat. At the relevant time, the minister was returning home after participating in the election. Thereafter, his convoy was ambushed by the terrorists with sophisticated fire arms. The ambush was so dedicated, severe and pre-planned that not a single person of the convoy could survive. The police officer in-charge of Farkating Outpost heard the sound of fire. Immediately, he rushed to the place of occurrence only to find that the former minister and his companions were gunned down by the militants. Accordingly, he lodged a written FIR at the Police Station, whereupon, a case of murder with conspiracy was registered. Initially, the case was investigated by the Assam police officers. Subsequently, it was handed over to the CBL After long investigation, the charge sheet was submitted on 24.10.2002 against 3 (three) accused persons, including the appellant Out of the remaining two accused persons, one accused, namely, Pranjal Saikia, had already died and the third accused, Ananta Saikia, was shown absconder in the charge sheet. In this way, only the appellant was tried for the offence of murder and other offences.
(2.) After full length trial, the accused has been convicted under Sections 302 /120(B) and 392 of the Indian Penal Code, 1860, (hereinafter, in short, IPC) read with Section 27(3) of the Arms Act as well as under Section 13(1) of the Unlawful Activities (Prevention) Act and different sentences have been awarded to the appellant The maximum sentence is that of Life Imprisonment for the offence of murder and under the Arms Act. Only 3 (three) years' RI has been imposed for the offence under the UA(P) Act Being aggrieved with the conviction and sentence, the sole accused has preferred this appeal.
(3.) We have heard Sri N.J. Das, learned counsel appearing on behalf of the appellant as well as Sri P.N. Choudhury, learned Standing Counsel, appearing on behalf of the Central Bureau of Investigation (CBI). We have also gone through the impugned Judgment, charge sheet and the oral evidence of the witnesses proffered in the trial Court by the CBI.;