TRIDIBSARMA Vs. STATE OF ASSAM
LAWS(GAU)-2004-4-34
HIGH COURT OF GAUHATI
Decided on
April 01,2004
TRIDIBSARMA
Appellant
VERSUS
STATE OF ASSAM
Respondents
Referred Judgements :-
(PATNA) AWASHESH MAHLA AND ORS.STATE OF BIHAR. [REFERRED TO]BHANDA GARM VS. STATE OF ASSAM [REFERRED TO]
ARVIND MOHAN SINGH VS. A. K. BISWAS. [REFERRED TO]
SAHDEO GOSSAIN VS. THE KING EMPEROR. [REFERRED TO]
SUKHRAM VS. STATE OF MADHYA PRADESH. [REFERRED TO]
STATE OF U.P. VS.. NAHAR SINGH AND ORS. [REFERRED TO]
MOHINDER SINGH S O INDER SINGH VS. STATE [REFERRED TO]
BHAGAT RAM VS. STATE OF PUNJAB [REFERRED TO]
H N RISHBUD VS. STATE OF DELHI [REFERRED TO]
KESHAV NILKANTH JOGLEKAR KESHAV LAXMAN DESAI KRISHNA GANGARAM DESAI NANA RAMJEE PATIL GANGARAM LAXMAN REDDY GULAB RAO BHANRAO GANGACHARYA PRAHLAD KRISHNA KURANE VS. COMMISSIONER OF POLICE GREATER BOMBAY:COMMISSIONER OF POLICE GREATER BOMBAY:COMMISSIONER OF POLICE GREATER BOMBAY:COMMISSIONER OF POLICE GREATER BOMBAY:COMMISSIONER OF POLICE GREATER [REFERRED TO]
SARWAN SINGH RATTAN SINGH HARBANS SINGH BHAN SINGH VS. STATE OF PUNJAB [REFERRED TO]
STATE OF MADHYA PRADESH VS. MUBARAK ALI [REFERRED TO]
TAHSILDAR SINGH VS. STATE OF UTTAR PRADESH [REFERRED TO]
OM PARKASH VS. STATE OF PUNJAB [REFERRED TO]
KASTURI LAL RALIA KAM JAIN VS. STATE OF UTTAR PRADESH [REFERRED TO]
LAXMIPAT CHORARIA VS. STATE OF MAHARASHTRA [REFERRED TO]
KARNESH KUMAR SINGH VS. STATE OF UTTAR PRADESH [REFERRED TO]
HARNATH SINGH VS. STATE OF MADHYA PRADESH [REFERRED TO]
BUDHSEN VS. STATE OF UTTAR PRADESH [REFERRED TO]
BALAKRUSHNA SWAIN VS. STATE OF ORISSA [REFERRED TO]
DEVI LAL VS. STATE OF RAJASTHAN [REFERRED TO]
RAMESHWAR SINGH VS. STATE OF JAMMU AND KASHMIR [REFERRED TO]
DARSHAN KUMAR VS. SECRETARY MUNICINAL CORPORATION JABALOUR [REFERRED TO]
DAULAT RAM VS. STATE OF HARYANA [REFERRED TO]
JUGAL KISHORE PRASAD VS. STATE OF BIHAR [REFERRED TO]
ATMADUDDIN VS. STATE OF UTTAR PRADESH [REFERRED TO]
KALI RAM VS. STATE OF HIMACHAL PRADESH [REFERRED TO]
RAMNARESH PANDEY VS. STATE OF MADHYA PRADESH [REFERRED TO]
NABA KUMAR DAS VS. STATE OF WEST BENGAL [REFERRED TO]
JAMUNA CHAUDHARY VS. STATE OF BIHAR [REFERRED TO]
DATAR SINGH VS. STATE OF PUNJAB [REFERRED TO]
HALLU VS. STATE OF MADHYA PRADESH [REFERRED TO]
STATE OF UTTAR PRADESH VS. RAM SWARUP [REFERRED TO]
GORA VS. STATE OF WEST BENGAL [REFERRED TO]
RAM KUMAR PANDEY VS. STATE OF MADHYA PRADESH [REFERRED TO]
GOPAL MONDAL VS. STATE OF WEST BENGAL [REFERRED TO]
RAM NARAIN SINGH JAGGAR SINGH VS. STATE OF PUNJAB [REFERRED TO]
MAHMOOD VS. STATE OF UTTAR PRADESH [REFERRED TO]
CHANDMAL VS. STATE OF RAJASTHAN [REFERRED TO]
NACHHATTAR SINGH VS. STATE OF PUNJAB [REFERRED TO]
MAHA SINGH VS. STATE DELHI ADMINISTRATION [REFERRED TO]
S HARNAM SINGH VS. STATE DELHI ADMN [REFERRED TO]
SUBHASH VS. STATE OF UTTAR PRADESH [REFERRED TO]
ISHWAR SINGH ILAM SINGH VS. STATE OF UTTAR PRADESH [REFERRED TO]
RABINDRA KUMAR DEY VS. STATE OF ORISSA [REFERRED TO]
MUSA KHAN VS. STATE OF MAHARASHTRA [REFERRED TO]
BHAJAN SINGH VS. STATE OF PUNJAB [REFERRED TO]
RAMDAS VS. STATE OF MAHARASHTRA [REFERRED TO]
BASAVVA KOM DYAMANGOUDA PATIL VS. STATE OF MYSORE [REFERRED TO]
MODAN SINGH VS. STATE OF RAJASTHAN [REFERRED TO]
GANESH BHAVAN PATEL VS. STATE OF MAHARASHTRA [REFERRED TO]
STATE OF RAJASTHAN VS. DAULAT RAM [REFERRED TO]
SURATLAL VS. STATE OF MADHYA PRADESH [REFERRED TO]
V C SHUKLA VS. STATE DELHI ADMINISTRATION [REFERRED TO]
MILKIYAT SINGH VS. STATE OF RAJASTHAN [REFERRED TO]
PURSHOTTAM VS. STATE OF MADHYA PRADESH [REFERRED TO]
MOHANLAL GANGARAM GEHANI VS. STATE OF MAHARASHTRA [REFERRED TO]
MASARULLAH VS. STATE OF TAMIL NADU [REFERRED TO]
AMAR SINGH VS. STATE OF PUNJAB [REFERRED TO]
PATTAD AMARAPPA VS. STATE OF KARNATAKA [REFERRED TO]
STATE OF MAHARASHTRA VS. SUKHDEVSINGH:SUKHDEV SINGH ALIAS SUKHA [REFERRED TO]
KULWANT SINGH ALIAS KANTA S O PIARA SINGH VS. STATE OF PUNJAB [REFERRED TO]
STATE OF PUNJAB VS. GURMITSINGH [REFERRED TO]
STATE OF RAJASTHAN VS. KISHORE [REFERRED TO]
DHANANJAYA REDDY VS. STATE OF KARNATAKA [REFERRED TO]
BAHADUR SINGH VS. STATE OF MADHYA PRADESH [REFERRED TO]
ASHISH BATHAM VS. STATE OF MADHYA PRADESH [REFERRED TO]
SARDUL SINGH VS. STATE OF HARYANA [REFERRED TO]
GANGADHAR BEHERA VS. STATE OF ORISSA [REFERRED TO]
SAHADEVAN ALIAS SAGADEVAN VS. STATE REP [REFERRED TO]
RAGHUNATH VS. STATE OF HARYANA [REFERRED TO]
STATE OF UTTAR PRADESH VS. JAGDEO [REFERRED TO]
SUPERINTENDENT OF POLICE C B I VS. TAPAN KR SINGH [REFERRED TO]
SUCHA SINGH VS. STATE OF PUNJAB [REFERRED TO]
STATE OF RAJASTHAN VS. KHERAJ RAM [REFERRED TO]
KADUNGOTH ALAVI VS. STATE OF KERALA [REFERRED TO]
R CHANDRASEKAR VS. INSPECTOR OF POLICE FAIR LAND POLICE STATION [REFERRED TO]
B RANGANATHAN VS. STATE [REFERRED TO]
JUDGEMENT
AMITAVA ROY, J. -
(1.)This appeal witnesses a challenge to the
judgment and order dated 30.5.91 and 5.6.91
passed by the learned Sessions Judge,
Kamrup, Guwahati in Sessions Case No 71
(K) (G) / 84 convicting the appellant under
section 307, IPC and section 25 (l-B)(a)
of the Indian Arms (Amendment) Act, 1983
and sentencing him to undergo imprisonment
for five years and to pay a fine of Rs. 500.00
in default to undergo further imprisonment for
a period of 10 days for his conviction under
section 307, IPC, and also to undergo
imprisonment for 2 years and pay a fine of
Rs. 500.00 in default: imprisonment for 10 days
under section 25(1-B)(a) of the Indian Arms
(Amendment) Act, 1983. By the judgment
and order dated 30.5.91 the conviction of the
appellant under the aforementioned provisions
of law was recorded and the sentences as
above were awarded by the order dated
5.6.91. Both the sentences have been
ordered to am concurrently with a direction
that the period undergone by the appellant in
jail custody as an under trial prisoner would
be set off under section 428, CrPC.
(2.)Mr AK.Bhattacharjee, learned Senior Advocate assisted by Mr AK Das and Mr AK.Agarwal, Advocate advanced arguments on behalf of the appellant. The learned Public Prosecutors, Mr D Goswami and Mr FA Laskar, represented the State respondents.
(3.)The case of the prosecution as unfolded by the GD Entry No 1190 dated 19.11.83 of the Panbazar Police Station, Guwahati,, is that on the date of occurrence, ie, 19.11.83 at about 5.35 PM the appellant made an attempt on the life of Mr Hiteswar Saikia, the then Chief Minister of Assam by attempting to shoot him with a revolver but was over powered by the security personnel at the site and was thereafter produced at the said police station with the loaded revolver. On his production, the appellant was arrested under section 41, CrPC, and after conducting a search on him, a .22 bore revolver loaded with six rounds of .22 bore live ammunition and one chocolate colour woollen hand glove were seized.
(2.)Mr AK.Bhattacharjee, learned Senior Advocate assisted by Mr AK Das and Mr AK.Agarwal, Advocate advanced arguments on behalf of the appellant. The learned Public Prosecutors, Mr D Goswami and Mr FA Laskar, represented the State respondents.
(3.)The case of the prosecution as unfolded by the GD Entry No 1190 dated 19.11.83 of the Panbazar Police Station, Guwahati,, is that on the date of occurrence, ie, 19.11.83 at about 5.35 PM the appellant made an attempt on the life of Mr Hiteswar Saikia, the then Chief Minister of Assam by attempting to shoot him with a revolver but was over powered by the security personnel at the site and was thereafter produced at the said police station with the loaded revolver. On his production, the appellant was arrested under section 41, CrPC, and after conducting a search on him, a .22 bore revolver loaded with six rounds of .22 bore live ammunition and one chocolate colour woollen hand glove were seized.
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