Point of Law : When two views are possible, the view favourable to the accused has to be adopted

JUDGMENT :

M. Zothankhuma, J.

Heard Mr. A.K. Das, learned counsel for the appellant in Criminal Appeal No.311/2019; D.K. Bhattacharyya, learned counsel for the appellant in Criminal Appeal No.305/2019 and Mr. A. Khanikar, learned counsel for the appellant in Criminal Appeal No.365/2019. Also heard Ms. S. Jahan, learned Additional Public Prosecutor for the respondents.

2. The appellants have filed the above three appeals under Section 374(2) Cr.P.C. against the judgment dated 04.07.2019 passed by the learned Sessions Judge, Dhemaji in Sessions Case No.127(DH)/2011 arising out of Dhemaji P.S. Case No.202/2004. The appellants Smt. Dipanjali Borgohain, Shri Lila Gogoi and Shri Jatin Dowari in Criminal Appeal No.311/2019 and appellant Muhi Handique in Criminal Appeal No.305/2019 have been convicted and sentenced under :-

(i) Section 302 IPC read with Section 120B IPC;

(ii) Section 323 IPC read with Section 120B IPC;

(iii) Sections 3(a) and 4(b)(i) of the Explosive Substances Act read with Section 120B IPC and

(iv) Section 10(b)(i) and 13(1)(a) of the Unlawful Activities (Prevention ) Act, 1967 (hereinafter referred to as “the 1967 Act”). The appellant Hemen Gogoi in Criminal Appeal No.365/2019 has been convicted and sentenced under Section 10(a)(iv) and 13(2) of the 1967 Act.

3. The appellants have been convicted on the above charges in relation to a bomb blast which occurred at 8:55 a.m. on 15.08.2004 in the Dhemaji College Play Ground, where Independence Day celebrations were going on. The effect of the bomb blast killed 13 persons including 10 children on the spot, while grievously injuring 19 to 20 persons. It is the case of the State respondents that the United Liberation Front of Assam (ULFA in short), a militant outfit banned by the Government of India, had exploded a bomb in order to create an atmosphere of terror, with an aim to create an independent nation by declaring war against the State.

4. The prosecution case in brief is that an FIR dated 15.08.2004 was submitted by S.I. Ahmed Ali, Dhemaji Police Station to the Officer-in-Charge, Dhemaji Sadar Police Station, praying that an investigation should be conducted due to the bomb blast that occurred on 15.08.2004 in the Dhemaji College Play Ground, killing 13 persons and grievously injuring 19 to 20 person. In pursuant to the FIR dated 15.08.2004, Dhemaji PS Case No.202/2004 under Section 120(B)/121/121(A)/122/302/326 IPC read with Section 3/4 of the Explosive Substance Act, 1884 and Section 10/13 of the 1967 Act was registered.

5. During investigation, the Investigating Officer (I.O.) found sufficient grounds to prosecute 15 persons, including the appellants, under the charges stated in the foregoing paragraphs and accordingly requested the District Magistrate, Dhemaji to grant prosecution sanction to prosecute the 15 accused persons. After prosecution sanction was granted, charge-sheet was filed on 28.02.2011.

6. After charge-sheet was submitted, charge under Section 12(B)/302/326/323 IPC, Section 3/4 Explosive Substance Act, 1884 and Section 10 & 13 of the 1967 Act were framed against the appellants (1) Jatin Dowari @ Rangman @ Mritunjoy Gohain, (2) Lila Gogoi @ Lila Khan, (3) Smti. Dipanjali Borgohain @ Lipi (appellants in Criminal Appeal No.311/2019), (4) Muhi Handique (appellant in Criminal Appeal No.305/2019) and (5) Hemen Gogoi (appellant in Criminal Appeal No.365/2019).

7. During the trial, 58 prosecution witnesses and 2 defence witnesses were examined by the learned Trial Court. After the deposition of the witnesses and statements of the appellants were recorded under Section 313 Cr.P.C., the learned Trial Court passed the impugned judgment dated 04.07.2019 in Sessions Case No. No.127(DH)/2011. By the said impugned judgment, the learned Trial Court convicted the four appellants in Criminal Appeal No.311/2019 and Criminal Appeal No.305/2019 under:-

(i) Section 302 IPC read with Section 120B IPC;

(ii) Section 323 IPC read with Section 120B IPC;

(iii) Sections 3(a) and 4(b) (i)