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(K) of 2011, Kamrup (Metro), Guwahati

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(K) of 2011, Kamrup (Metro), Guwahati DISTRICT : KAMRUP (METRO) IN THE COURT OF THE JUDGE, SPECIAL COURT FOR TRIAL OF SESSIONS CASE NO. 59 (K) OF 2011, KAMRUP (METRO), GUWAHATI PRESENT: - Shri A. Chakravarty, M.A., LL.M., AJS SESSIONS CASE NO. 59 (K) OF 2011, KAMRUP (METRO), GUWAHATI (Under Sections 120-B, 121, 121-A, 122, 123, 302, 324, 326, 307, 427 IPC, r/w Sections 3 and 4 of the Explosive Substances Act, 1908 and Sections 10, 13, 16, 18 and 20 of the Unlawful Activities (Prevention) Act, 1967) State of Assam -Versus- 1. Ranjan Daimari @ D.R. Nabla @ Lasdum @ Loudum, 2. George Boro @ John @ B. Jwankhang, 3. Ajay Basumatary @ B. Aogi, 4. Onsai Boro @ Ajit Boro, 5. Raju Sarkar, 6. Prabhat Boro @ Tepa, 7. Khargeswar Basumatary @ Rahul Brahma @ Kharamswar, 8. Rajendra Gayari @ Rajen @ Rifikhang, SESSIONS CASE NO. 59 (K) OF 2011, KAMRUP (METRO), GUWAHATI 9. Indra Brahma, 10. Lokhra Basumatary @ Lobo, 11. Baishagi Basumatary @ B. Bithurai, 12. Jayanti Brahma @ Jugami, 13. Mathuram Brahma @ Mudai, 14. Nilim Daimari @ D. Nizwmsa and 15. Mridul Gayari ...Accused (Learned Special Judicial Magistrate, Assam, Guwahati, committed the case) Charges framed on: 14-08-2012 and 15.10.2010 Evidence recorded from: 22.09.2011 to 06.12.2018 Statements of the accused recorded on: 17.12.2018, 18.12.2018, 19.12.2018, 20.12.2018 and 21.12.2018 Arguments heard on: 27.12.2018, 17.01.2019, 18.01.2019, 19.01.2019, 21.01.2019 and 22.01.2019 Judgment delivered on: 28.01.2009 Advocates who appeared in this case are:- Shri Tutumoni Deva Goswami and Shri Dibyajyoti Das, Special Public Prosecutors, CBI. 2 SESSIONS CASE NO. 59 (K) OF 2011, KAMRUP (METRO), GUWAHATI Shri A. K. Bhattacharyya, Senior Advocate, with him Shri Manas Sarania and Shri Sarif Uddin Ahmed, Advocates and Shri Navin Dubey, Advocate, for the defence. J U D G M E N T 1. On the fateful day of 30-10-2008, in between 11.20 AM to 11.30 AM, a series of nine bomb explosions took place in four districts of Assam namely, Kamrup (Metro), Bongaigaon, Barpeta and Kokrajhar. In Kamrup (Metro) District, the bombs exploded in the Chief Judicial Magistrate, Kamrup (M), Guwahati court complex (in short “the CJM court complex”), near the Baptist Church Complex, Panbazar, Guwahati and under the Ganeshguri flyover, Dispur, Guwahati. In Bongaigaon District, the bomb exploded at the old Paglasthan bus stand. In Barpeta District, the bombs exploded at Barpeta Road wholesale vegetable market and at Choudhury Shopping Complex, Barpeta Road. In Kokrajhar District, the bombs exploded at Vegetable market, Railway crossing and Fish market of Kokrajhar town. The blasts killed eighty eight people and injured five hundred and forty people. The blasts also caused large-scale damage to movable and immovable properties. 2. After the blasts, nine first information reports (in short “FIR”) viz., FIR No. 1419/08 dated 30.10.2008 of Dispur Police Station, under sections 121/121-A/122/123/302/326/307/427 of the Indian Penal Code, 1860 (in short “IPC”), r/w sections 3/4 of the Explosive Substances Act, 1908 and sections 10/13 of the Unlawful Activities (Prevention) Act, 1967; FIR Nos. 398/08 and 399/08, dated 30.10.2008 of Panbazar Police Station, under sections 121/121-A/302/326/427 IPC, r/w section 3 of the Explosive Substances Act, 1908 and sections 10/13 of the Unlawful Activities (Prevention) Act, 1967, FIR Nos. 371/08, 372/08 and 373/08 of Kokrajhar Police Station, under sections 120-B/121/121-A/302/323/324/326/307/427 IPC, r/w section 3 of the Explosive Substances Act, 1908, FIR Nos. 261/08 and 262/08 of the Barpeta Road Police Station, under sections 120-B,121- 3 SESSIONS CASE NO. 59 (K) OF 2011, KAMRUP (METRO), GUWAHATI A/126/153(A)(2)/153-B/ 302/ 326 IPC, r/w section 3 of the Explosive Substances Act, 1908 and FIR No. 451/08 of Bongaigaon Police Station, under sections 120-B, 121,121-A, 324, 326, 307 IPC, r/w section 3 of the Explosive Substances Act, 1908 and sections 10/13 of the Unlawful Activities (Prevention) Act, 1967 were registered and the police started investigation. But, pursuant to the consent given by the Government of Assam vide Notification No. PLA 633/2008/17, dated 16.12.2008, the Government of India, Department of Personnel & Training, New Delhi, vide Notification No.228/100/2008-AVD.II, dated 18.12.08, transferred the investigation of all the nine cases to the Central Bureau of Investigation (in short, “the CBI”). Based on the aforesaid nine FIRs, the Central Bureau of Investigation, Delhi Special Police Establishment, Special Task Force, New Delhi, registered nine cases, viz., RC/DST/2008/S/S0003, RC/DST/2008/S/S0004, RC/DST/2008/S/S0005, RC/DST/2008/S/S0006, RC/DST/2008/S/S0007, RC/DST/2008/S/S0008, RC/DST/2008/S/S0009, RC/DST/2008/S/S0010 and RC/DST/2008/S0011, on 19.12.08 and 20.12.08 and investigated the cases. 3. During investigation, the investigating officer found the following casualties and explosives used in the bomb explosions:- KAMRUP (METRO) DISTRICT Place of occurrence- (i) Ganeshguri flyover, Dispur, Guwahati, (ii) CJM court complex, Panbazar, Guwahati, (iii) Baptist Church complex, Panbazar, Guwahati. Total number of persons killed - 53. Total number of persons injured - 253. Explosives used - RDX & Ammonium Nitrate 4 SESSIONS CASE NO. 59 (K) OF 2011, KAMRUP (METRO), GUWAHATI KOKRAJHAR DISTRICT Place of occurrence: (i) Vegetable market, Kokrajhar, (ii) Railway crossing, Kokrajhar, (iii) Fish market, Kokrajhar. Total number of persons killed - 20. Total number of persons injured - 163. Explosive used - TNT (Trinitrotoluene) BARPETA DISTRICT Place of occurrence: (i) Choudhury Shopping Complex, Barpeta Road, (ii) Vegetable market, Barpeta Road. Total Number of persons killed - 15. Total Number of persons injured - 113. Explosive used - RDX BONGAIGAON DISTRICT Place of occurrence: (i) Old Paglasthan bus stand, Bongaigaon. Total number of persons killed - Nil. Total number of persons injured - 11. Explosive used - TNT. 5 SESSIONS CASE NO. 59 (K) OF 2011, KAMRUP (METRO), GUWAHATI 4. The investigating officer found that the blasts caused damage to movable and immovable properties, like motor vehicles and business establishments amounting to Rs. 2,00,91,000/- (Rupees two crore ninety one thousand) only, approximately. The Government of Assam paid compensation of Rs. 2,61,00,000/- (Rupees two crore sixty one lakh) only, to the dependents of the deceased victims and Rs. 2,47,00,000/- (Rupees two crore forty seven lakh) only, to the injured victims. 5. The investigating officer also found that the nine serial bomb explosions were caused by the proscribed terrorist organization namely, the National Democratic Front of Bodoland (in short, “the NDFB”). The NDFB was formed on 03-12-1986, under the leadership of the accused Ranjan Daimari @ D.R. Nabla @ Lasdum @ Loudum. Initially, the NDFB was known as the Bodo Security Force but, on 25-11-1994, the name was changed to NDFB. The aim and objective of the NDFB was to create a sovereign Bodoland State for the Bodo people (an ethnic community of Assam) on the Northern side of the river Brahmaputra. On 10-03-1998, the NDFB adopted its constitution. The aims, objectives and ideologies of the NDFB are as follows: Liberate Bodoland from the Indian expansion and occupation. Free Bodo nation from the colonial exploitation, oppression and demonization. Establish a democratic socialist society to promote liberty, equality and fraternity. Uphold the integrity and sovereignty of Bodoland. 6. The investigating officer found that after its formation, the members of the NDFB resorted to terrorist activities to overawe and weaken the Government of India so that, it succumbs to their demands. The accused Ranjan Daimari, the self-styled president of the NDFB, who at the relevant time was staying in Bangladesh, was the mastermind behind the terrorist activities of the NDFB. But, after some years, the leadership and the representatives of the NDFB started negotiating with the Government of India for peaceful solution of their demand. Thereafter, in the month of June, 2005, 6 SESSIONS CASE NO. 59 (K) OF 2011, KAMRUP (METRO), GUWAHATI a tripartite suspension of operation agreement was signed in New Delhi by the Special Secretary, Ministry of Home Affairs, Government of India, New Delhi, Commissioner and Secretary, Home Department, Government of Assam and Shri B. Swimkhwr @ Gobinda Basumatary, General Secretary, NDFB. The agreement was for one year but, the Government of India periodically extended the agreement. It was envisaged in the agreement that the members of the NDFB will cease terrorist activities and will remain behind designated camps. However, the accused Ranjan Daimari was not contented with the cease-fire agreement as he felt that the Government of India was not interested in fulfilling their demands. Therefore, even after signing of the tripartite cease-fire agreement, the NDFB continued its terrorist activities with intent to overawe and weaken the Government of India, disturb the social harmony amongst the people of Assam and to break the sovereignty and integrity of India. Therefore, vide Notification No. F.N. 11011/48/2006/NE.III, dated 23rd November, 2006 and No. 11011/54/2008-NE.III, dated 23rd November 2008, the Government of India declared the NDFB as an unlawful organization. 7. The investigating officer found that in order to pressurize the Government of India to succumb to his demand, the accused Ranjan Daimari hatched a conspiracy with the NDFB cadres and pursuant to the said conspiracy, caused the aforesaid nine serial bomb explosions. Earlier, pursuant to the said conspiracy to cause the nine serial bomb explosions, in the month of July, 2008, the accused Ranjan Daimari sent the accused Nilim Daimari to Assam from Bangladesh to procure explosives and the accused Nilim Daimari came to Assam and met the accused John @ George, Rahul Brahma @ Kharmswar and Rifikhang in Guwahati.
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