{"id":274710,"date":"2022-09-29T18:00:12","date_gmt":"2022-09-29T12:30:12","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=274710"},"modified":"2022-09-29T18:00:12","modified_gmt":"2022-09-29T12:30:12","slug":"gauhati-hc-terrorism-no-interference-in-special-court-order-life-sentence-ranjan-daimari-national-democratic-front-of-bodolond-assam-bomb-blasts-legal-news-research-and-updates","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2022\/09\/29\/gauhati-hc-terrorism-no-interference-in-special-court-order-life-sentence-ranjan-daimari-national-democratic-front-of-bodolond-assam-bomb-blasts-legal-news-research-and-updates\/","title":{"rendered":"2008 Assam Serial Blasts Case | Gauhati HC refuses to interfere with the conviction and sentencing of NDFB Founder Ranjan Daimari and 9 others"},"content":{"rendered":"
\n

   <\/p>\n

Gauhati High Court<\/b>: While deciding the instant appeal preferred by Ranjan Daimari and 9 others regarding their conviction and sentence of life imprisonment by the Special Court in relation to the horrific 2008 bomb blasts which rocked Assam; the Division Bench of Suman Shyam and Malasri Nandi, JJ., observed that the manner in which the bomb blasts took place, undoubtedly reveal the intention to challenge India’s sovereignty, unity, integrity and cause widespread terror. Observing that the prosecution had successfully established that the blasts were a result of a conspiracy hatched by the 10 appellants, therefore, the Bench, applying the principles laid down in Yakub Abdul Razak Memon<\/i> v. State of Maharashtra<\/i>, (2013) 13 SCC 1<\/a>, held that the order of the Special Judge convicting the appellants does not require any interference from the High Court.<\/i><\/p>\n

Facts and Legal Trajectory of the Case:<\/span> On 30-10-2008, 9 powerful bombs exploded in various parts of Assam<\/b> like Kamrup (Metro), Barpeta, Bongaigaon and Kokrajhar between 11:20 a.m. to 11:30 a.m. In these blasts 88 persons had lost their lives and around 540 persons were critically injured along with extensive damages to movable and immovable properties.<\/p>\n

Subsequently FIRs under IPC, UAPA and Explosive Substances Act were lodged. Initially, the responsibility of carrying out investigation these cases was taken up by the CID and Assam Police. However, subsequently, with the consent of the Government of Assam, the investigation was transferred to the Central Bureau of Investigation (CBI). From the investigation conducted, it was revealed that the nine bomb explosions were carried out by the members of the proscribed terrorist organization – National Democratic Front of Bodoland (NDFB)<\/b> which was formed on 03-12-1986 under the chairmanship of Ranjan Daimari. These bomb blasts were the result of a conspiracy hatched and carried out by the members of the banned NDFB.<\/p>\n

Consequently, CBI prepared the charge-sheet against 19 accused persons for commission of offences punishable under Penal Code, 1860<\/a> read with provisions of the Explosive Substances Act, 1908<\/a> and the Unlawful Activities (Prevention) Act, 1967<\/a>. The CBI recorded statements of approximately 871 witnesses.<\/p>\n

The trial<\/b> initially commenced in the Sessions Court, Kamrup(M), Guwahati but subsequently, was transferred to the Special Court constituted for the purpose of speedy disposal of the case<\/b>. During the trial, the prosecution examined almost 650 witnesses. The remaining witnesses could not be examined as some of them were dead or went traceless. On conclusion of trial and after analyzing the evidence available on record, the Special Judge passed the impugned order dated 28-01-2019 convicting the accused\/ appellants.<\/p>\n

Contentions:<\/span><\/b> The counsel for the appellants<\/b> argued that there is no evidence available on record to prove that the serial bomb blasts were the outcome of a conspiracy involving the appellants and that the prosecution has failed to lead evidence so as to connect the appellants with the occurrence.<\/p>\n

The appellants pointed out that there was an unusual delay in completing the investigation and the trial in this case, thereby leading to serious prejudice to the interest of the appellants. It was further argued that sufficient time was not given to the defense counsel at the trial stage to argue the case. The appellants also contended that the Special Court did not appreciate the evidence adduced by the prosecution correctly.<\/p>\n

It was also argued that just because Ranjan Daimari had given unsatisfactory answers to the questions put to him during his examination under Section 313<\/a>, CrPC<\/a>, that does not indicate his guilt.<\/p>\n

Per contra<\/i>, the respondents argued that the conviction of the accused was based on the evidence adduced by the prosecution witnesses and not on the statements of the witnesses recorded under Section 164<\/a> CrPC<\/a> as it has been alleged by the appellants’ counsel; those statements, however, had been referred only to corroborate the testimony of the witnesses.<\/p>\n

Observations\/ Findings:<\/span><\/b> Perusing the facts and contentions of the case, the Division Bench made a detailed analysis of the evidence and witnesses’ statements against all the appellants and the other accused persons, the victims of the bomb blasts and experts. The Court made the following observations-<\/p>\n