The court affirmed that circumstantial evidence can suffice for conviction in cases involving organized crime, particularly when direct evidence is scarce due to the nature of the crime.

Judgment :

(Ramesh Sinha, CJ.)

1. The appellants have preferred this appeal under 21(1) of the National Investigation Agency Act, 2008 (for short, the NIA) questioning the judgment dated 12.02.2024 passed by the learned Special Judge (NIA Act/Scheduled Offence) Bastar, Jagdalpur, in Special Sessions Trial No. 4/2016, whereby the appellants have been convicted and sentenced as under:

2. The appellants were charged for the offences under Sections 302, 307, 120B of the IPC, Section 25 (1)(1-B) (A), 27 of the Arms Act, Section 3, 4 Explosive Substances Act and Section 16, 18, 20, 23, 38(2) of the UAPA.

3. The prosecution case in brief is that on 11.03.2014, near Tahakwara on National Highway 30, a road opening party comprising 30 personnel of 'F' Company of 80th Battalion Central Reserve Police Force (for short, the CRPF) and 13 police personnel posted at Tongpal Police Station of District Police was to be deployed to provide security to the workers engaged in road construction. The Road Opening Party (for short, the ROP) left from Police Station, Tongpal in 03 Sections at 09:00 a.m. When first section reached near Village Tahakwara, about 04 Km from Police Station Tongpal towards Darbha, at about 10.30 a.m., armed Maoist cadres of Darbha Division led by Surendra, Deva, Vinod, Sonadhar ambushed the ROP. Firing continued for about one hour. Due to firing and IED explosion 15 security personnel (11 CRPF and 04 State Police personnel) of the Force died and 03 other personnel were seriously injured. A local civilian passing by also got killed. The Maoists looted the arms and belongings of the dead and injured personnel, which included 6 AK-47 rifles, including 3 Under Barrel Grenade Launcher (UBGL) were also installed, one Insas LMG, 8- Insas and 2 SLR and bullets were included, after looting the weapons the Maoists fled in the forests on both sides. On the written complaint of Head Constable Ramcharan Thakur, a crime was registered against Sonadhar, Shankar, Sanna, Surendra, Ganesh Uike, Raghu, Sukhram, Vinod, Sumitra, Deva, Pooja, Jamili, Masa, Naresh, Anil, Hidme, Deve, Lucky, Jogi, Budhram and about 150 to 200 Maoists. Thereafter, as per order number F.No. 11011/17/2014-IS-IV dated 21.03.2014 issued by Home Department of Government of India, the case was handed over to National Investigation Agency, New Delhi for conducting a complete and detailed investigation of the case and submitting the final report. On this, National Investigation Agency, New Delhi re-registered the case as RC No. 1/2014/NIA Delhi on 28.03.2014 and started investigation against the said accused and presented a charge-shee