IN THE COURT OF JUDGE : DESIGNATED COURT :

Present : Sri M.Ali, AJS, Judge, Designated Court Assam, Guwahati

TADA Sessions case No. 20/2004 STATE OF ASSAM -Vs – 1. Bhakta Sonowal 2. Ajit Sonowal 3. Uttam Gogoi, 4. Pulak Baruah, 5. Narayan Borah, 6. Tullshi Deka, 7. Tularam Gogoi, 8. Devid Gogoi, 9. Lalit Hazarika, 10. Pabitra Senapati, 11. Ranjit Borgohain, 12. Sunit Sonowal, 13. Deben Chutia, 14. Hem Chandra Bharali, 15. Robin , 16. Khirod Chutia, 17. Minto Milan Chutia, 18. Puneswar Sonowal, 19. Gopal Kisko, 20. Haren Gogoi, 21. Dilip Das, 22. Arabinda Bora, 23. Basuram Das, 24. Promod Hazarika 25. Debajit Gogoi 26. Khagen Dutta 2

27. Kaliprasad Chutia ………….. Accused persons

Date of hearing : 24.8.09, 14.12.09, 22.1.2010,10.6.2010, 4.12.2010

Date of argument : 4.3.2013

Date of Judgment : 4.3.2013.

Advocate for prosecution : Sri D. Kotoki, Ld.. Special P.P. for the State of Assam.

Advocates for defence : Shri K.P. Gogoi Shri D. Talukdar, Shri P.K. Das Ld. Advocates.

JUDGMENT

The prosecution case in short is that on 10.2.93 one Sri Puspendra Nath Sut, Sub Inspector of Police of Bordoloni O.P. under Dhakuakhana police station of Lakhimpur district lodged an ejahar with the Officer-in-Charge of Dhakuakhana police station stating that accused persons namely, Gangadhar Deori, Aniruddha Konwar, Aditya Gohain, Bhakta Sonowal, Kishore Mahanta, Lohit Gogoi, Pulak Borah, Susen Gogoi, Tilok Baruah, Tularam Gogoi, Durgeswar Doley, Puneswar Sonowal, Durga Bora, Arabinda Bora, Prasanta Saikia and Sunil Sonowal being members of ULFA organization were in possession of sophisticated weapons, ammunitions, explosives and conspired to overawe the Government by means of criminal force and 3

waging war against the Government of India. On 28.12.92 those accused persons were collecting fund from individuals by means of extortion and involved in criminal activities like killing of people with intention to terrorise them. They were also circulating anti- government leaf-lets amongst the people directing them to join the ULFA organization. The said accused persons were also threatening the surrendered extremists (SULFA). On the basis of this ejahar Dhakuakhana police station case No. 25/93 U/S 120 (B)/121/121 (A)/ 122/123 IPC R/W section 3/4/5 TAFDA (P) Act R/W section 10/13 UA (P) Act was registered. The investigation of the case was taken by the Officer-in-Charge of the police station. During investigation accused persons namely, Debojit Gogoi, Bhakta Sonowal, Bibek Baruah, Tularam Das, Durgeswar Doley, Arabinda Bora, Jadav Sarma, Deben Chutia, Puneswar Sonowal, Basuam Das, Sunil Sonowal, Dilip Das, Dharmeswar Bora, Uttam Gogoi, Prabin Senapati, Khirod Chutia, Devid Gogoi, Khirod Bhuyan, Kaliprasad Chutia, Guneswar , Tileswar Kalita, Promod Hazarika, Khagen Dutta, Rajendra Prasad Gupta, Om Prakash Choudhury, Lalit Hazarika, Hem Ch. Bharali, Ranjit Borgohain, Gopal Kisko, Narayan Bora, Tulshi Deka, Mintu Milon Chutia, Kabin Saikia, Nabajyoti Bora and Pulak Baruah were arrested and forwarded to judicial custody. During investigation incriminating materials were seized and statement of the witnesses were recorded. On completion of investigation all those 35 accused persons were sent up for trial U/S 3 (3)/5/4 TADA (P) Act. On appearance of accused persons namely, Puneswar Sonowal, Devid Gogoi, Gopal Kisko, Sunil Sonowal, Rabin Saikia, Uttam Gogoi, Mintu Milon Chutia, Kirod Chutia, Narayan Bora, Pabitra Senapati, Tulshi Deka, Tularam Das, Debojit Gogoi, Guneswar Kalita, Basuram Das, Promod Hazarika, Arabinda Bora, Kali Prasad Chutia, Khagen Dutta, Bhakta Sonowal, Deben Chutia, Hem Ch. Bharali, Lalit Hazarika, Pulak Baruah, Ranujit Borgohain and Dilip Das charge under section 3 / 4 / 5 TADA (P) Act was 4

framed against them to which they pleaded not guilty and claimed to be tried. In order to prove the case the prosecution has examined altogether 10 (ten) witnesses. In support of the defence plea the accused persons have not examined any defence witness.

Points for determination : (i) Whether the accused persons on 10.2.93 being members of banned terrorist organization ULFA indulged in unlawful activities to strike terror in Barbila Sankarpur gaon under Dhakuakhana police station. (ii) Whether the accused persons on the same date and place being members of banned terrorist organization ULFA were involved in extortion, killing, circulating leaflets of banned ULFA organization and instigated the people to join ULFA organization. (iii) Whether the accused persons on the same date and place being members of banned ULFA organization were found in possession of sophisticated arms and ammunitions. I have heard the learned Public Prosecution and the learned defence advocates.

Reasons for decision : PW-1 Sri Ramesh Chutia is a school teacher, PW-2 Khagen Deuri, PW-4 Dhaniram Gogoi, PW-5 Paban Borgohain, PW- 6 Bhaskarjyoti Bora are residents of the place of occurrence, PW-7 Moni Sonowal is a school teacher, PW-8 Debeswar Hazarika is an employee of Irrigation department, PW-9 Sanat Hazarika is a school teacher and PW-10 Ganesh Bora is a businessman. 5

According to PW-1 Sri Ramesh Chutia he knows accused Bhakta Sonowal and Dilip Das. In the year 1993 Bhakta Sonowal came to his house and asked him to show the house of one Premsion Deka. He had shown him the house of said person and he heard that accused Bhakta Sonowal was a member of ULFA organization but he had no knowledge why Bhakta Sonowal searched the house of Premsion Deka. He had also no knowledge about recovery of arms and ammunitions. He also stated that when Bhakta Sonowal came to his house he saw about 30/35 numbers of other persons loitering in front of his house but he could not identify the said persons except one Bhim Singh. PW-2 Khagen Deori has stated that accused Dilip Das is known to him and the other accused persons are not known to him. He had no knowledge whether any meeting held by the members of the banned ULFA organization in the Gogamukh area and had also no knowledge about recovery of arms and ammunitions. He heard about holding of meeting by ULFA organization in Gogamukh area. Police did not record his statement and the witness was declared hostile by prosecution.PW-3 Dhaniram Gogoi has stated that he had no personal knowledge about the facts of the instant case. Accused Khirod Chutia is known to him as brother of his neighbouring village. Other accused persons are not known to him and police did not record his statement. This witness was also declared hostile by prosecution. PW-4 Pradip Gogoi has stated that the accused persons were not known to him and his statement was not recorded by police and then prosecution declared this witness as hostile. PW-5 Paban Borgohain has stated that Dharmendra Bora was known to him who was killed by unknown person. The accused persons present in the dock are not known to him. PW-6 Bhaskarjyoti Bora has stated that Dharmendra Bora was known to him. Dilip Das is not known to him and he had no knowledge about the incident of this case. PW-7 Moni Sonowal has stated that before several years back one day he went to Barbam Dihingia Chariali to a grocery shop of one 6

Kula Gogoi and in the said shop police came and took his signature in a paper. He had no knowledge why police took his signature in the paper. He knows accused Tularam Gogoi who is from his village. Though police obtained his signature he had no knowledge about recovery of any documents. PW-8 Debeswar Hazarika and PW-9 Sanat Hazarika have declined to support the prosecution case and they were declared hostile. PW- 10 Ganesh Bora has stated that he knows accused Dharmendra Bora (since deceased). His house is situated in front of the house of deceased Dharmendra Bora. Police used to come in search of Dharmendra Bora. He had a shop in front of the house of Dharmendra Bora and one day police obtained his signature in a sheet of paper. After going through the evidence of 10 prosecution witnesses it is found that none of them have stated any thing against accused Puneswar Sonowal, Devid Gogoi, Gopal Kisko, Sunil Sonowal, Rabin Saikia, Uttam Gogoi, Mintu Milon Chutia, Kirod Chutia, Narayan Bora, Pabitra Senapati, Tulshi Deka, Tularam Das, Debojit Gogoi, Guneswar Kalita, Basuram Das, Promod Hazarika, Arabinda Bora, Kali Prasad Chutia, Khagen Dutta, Bhakta Sonowal, Deben Chutia, Hem Ch. Bharali, Lalit Hazarika, Pulak Baruah, Ranujit Borgohain and Dilip Das. I have heard the learned Public Prosecutor and the defence advocate. Further pending of the case would not serve any purpose. It is therefore held that the prosecution has failed to prove the case against the accused persons beyond reasonable doubt. They are acquitted accordingly and their bail bonds stand discharged. The case will revive as soon as accused Dharmeswar Bora, Nabajyoti Bora, Tilak Baruah, Durga Bora, Khirod Bhuyan, Tuleswar Kalita, Rajendra Prasad Gupta, Om Prakash Choudhury, Gangadhar Deori, Aditya Gogoi, Lalit Gogoi, Pulak Bora and Bhaity Dutta are apprehended.

Judge 7

Designated Court Assam, Guwahati

Appendix

Exhibited by Spl. P.P. 1. Ext. 7 – Seizure list 2. Ext 8 - Seizure list

Judge Designated Court Assam, Guwahati

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