M.B.SHAH, B.P.SINGH, H.K.SEMA
Tarun Bora @ Alok Hazarika – Appellant
Versus
State Of Assam – Respondent
JUDGMENT
Sema, J.-Aggrieved by the order dated 19th January, 2002 passed by the Addl. Judge, Designated Court, Guwahati in TADA Sessions Case No. 113 of 1992 convicting the appellant Tarun Bora @ Alok Hazarika under Section 365 Indian Panel Code read with Section 3(1)/3(5) of Terrorist and Disruptive Activities (Prevention) Act (hereinafter referred to as the Act ) and sentenced him to undergo RI for 5 years for the offence under Section 365 I.P.C. and further R.I. for 5 years for the offences under Section 3(1) and 3(5) of the Act, the present appeal has been preferred. The substantive sentences were ordered to run concurrently.
2. An F.I.R. was lodged on 23.8.1991 by P.W. 6 with the Officer-in-charge of the Bihpuria Police Station preceded by G.D. entry No. 275 dated 19.8.1991 stating therein that on 18.8.1991 at about 3.45 P.M. Bhola Kakati (P.W.1), a resident of Fakrahi Village, was taken away from the house of Nandeswar Baro, a resident of the same village by ULFA extremist named Tarun Bora @ Alok Hazarika (appellant) with the help of 3-4 members of ULFA extremists by blind folding him in a white ambassador car. Bhola Kakati (P.W.-1) was released by the abductor on 20.8.1991.
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