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2019 Supreme(Gau) 395

ACHINTYA MALLA BUJOR BARUA, MIR ALFAZ ALI
Mijink Basumatary @ Mainao – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
R. De, Adv.

JUDGMENT :

Achintya Malla Bujor Barua, J.

Heard Mr. SC Biswas, learned counsel for the appellant and Ms. S Jahan, learned Additional Public Prosecutor appearing for the State of Assam.

2. This is an appeal against the judgment and order dated 05.08.2016 of the learned Sessions Judge, Chirang, Kajalgaon, Assam passed in Sessions Case No.46(RKT)/2016, whereby the accused/appellant was convicted and sentenced to undergo rigorous imprisonment for life and also to pay a fine of Rs.10000/- and in default, simple imprisonment for another 06(six) months for committing the offence under Section 4(b) of the Explosive Substances Act, 1908.

3. The prosecution case in brief is that an ejahar dated 07.12.2015 was lodged by Sub Inspector of Police namely Paul Lalhlimsang of Shantipur Police Post of Runikhata Police Station stating that based upon a secret information regarding presence of one NDFB(S) lady cadre namely Smti Mijing Basumatary at Dwigudung village, the informant along with police personnel and personnel of the 7th Sikh Army Camp, Khungring conducted a search operation at Dwigudung village at about 13.30 hours and apprehended one Smti Mijing Basumatary @ Mainao from the house of Smti Nan

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