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CHARGE SHEET: NIA CASE NO. RC-02/2015/NIA-GUW

SUPPLEMENTARY CHARGE SHEET (Under Section 173 Cr. PC)

IN THE COURT OF SPECIAL JUDGE, NIA, ARUNACHAL PRADESH AT YUPIA

1

Name of the Branch NIA Branch Office, Guwahati

FIR No: Year : Date:

RC-02/2015/NIA-GUW 2015 25.05.2015

2 Final Report/Charge Sheet

No. 03/ 2016 (A)

3 Date 26/09/2016

4 Sections of Law

120B, 121, 121 (A), 302, 307 of the IPC and Sections 16, 18 and 20 of the UA (P) Act, 1967 and Section 4 of the Explosives Substances Act as amended

5 Type of Final Report Supplementary Charge Sheet

6

If Final Report Un-occurred/ false/ Mistake of fact/Mistake of law/Non-Cognizable /Civil Nature

Not Applicable

7 If Charge Sheeted: Original/ Supplementary

Original

8 Name of Investigating Officer

Shri Alok Bhattacharya, Superintendent of Police NIA Headquarter, New Delhi

9 Name of the Complainant/ Informant

Lt Col GP Naugain, Second in Command, 4th Rajput Regiment, Longding, District Longding, Arunachal Pradesh.

10

Details of Properties/ Articles/ Documents recovered/seized during the investigation and relied

upon

xxxxxxxxxx

11. Particulars of accused persons charge sheeted:

SS Captain Kapai @ Singmayo Kapai (A-1)

Name SS Captain Kapai @ Singmayo Kapai

(hereinafter referred as A-1)

Whether verified Yes

Father’s Name Luingam Kapai


Year/Date of Birth 38 years

Sex Male

Nationality Indian

Passport No. NA

Place of issue NA

Date of issue NA

Religion Baptist Christian

Occupation Active member of the National Socialist Council of Nagalim (Issac Muivah faction)/NSCN-IM.

Address (Present/ Permanent) Village: Paoyi (PEH) Post Office and Police Station: Ukhrul District Ukhrul Manipur


Provisional Criminal No. NA

Regular Criminal No. (if known) NA

Date of Arrest 04.11.2015

Date of release on bail NA

Under Acts & Sections (of

Supplementary charge sheet)

Sections 34 of IPC and Section 4 of the Explosives Substances Act, 1908 as amended

Name(s) of bailer / sureties and address NA

Previous convictions with case reference NA

Status of the accused Arrested on 04.11.2015 and presently in Judicial custody at Jully Jail, Nharlagun, Arunachal Pradesh

SS Private Neyton Nokbi @ Leyton @ Moktua (A-2)

Name SS Private Neyton Nokbi @ Leyton @

Moktua (hereinafter referred as A-2)


Father’s Name Late Jaong Nokbi

Year/Date of Birth 30 years

Sex Male


Nationality Indian

Passport No. NA

Place of issue NA

Date of issue NA

Religion Baptist Christian

Occupation Active member of the National Socialist Council of Nagalim (Issac Muivah faction)/NSCN-IM.

Address (Present/ Permanent) House No 31, Village: Moktua District Tirap Arunachal Pradesh


Provisional Criminal No. NA

Regular Criminal No. (if known) NA

Date of Arrest 04.04.2016

Date of release on bail NA

Under Acts & Sections (of

Supplementary charge sheet)

Sections 120B, 121, 121 (A), 302, 307 read with 34 of the IPC, Sections 16, 18 and 20 of the UA (P) Act and Section 4 of the Explosives Substances Act, 1908 as amended.

Name(s) of bailer / sureties and address NA

Previous convictions with case reference NA

Status of the accused Arrested on 04.04.2016 and presently in Judicial custody at Jully Jail, Nharlagun, Arunachal Pradesh

12. Particulars of accused persons not charge sheeted : Nil

13. (i) Particulars of witnesses examined: xxxxxxxxxx.

(ii) List of documents : xxxxxxxxxx. (iii) List of material objects : xxxxxxxxxx.

14. If FIR is false, action taken : Not false, allegations in the FIR are true

15. Result of laboratory analysis : As mentioned in Para 17

16. Brief facts of the case:

16.1 The instant case was initially registered as FIR No. 20/2015 dated 02.04.2015 at Khonsa Police Station, District Tirap, Arunachal Pradesh. It was alleged that


suspected cadres of National Socialist Council of Nagalim (Issac-Muivah faction)/ NSCN (IM) committed “Criminal conspiracy to wage war against the Government of India by way of firing and planting IED in ambush upon security forces causing grievous injuries to 03 and Killing another 03 Army personnel by NSCN(IM) group led by SS. Sgt. Maj Ayo Tangkhul, SS. Capt. Kapai, SS. Lt. Ami Tangkhul, SS. Lt. Col. Kewang Hassik, SS. Maj. Anok Wangsu and SS. Sgt Maj Chenaye Tangkhul @ Ayo with the assistance and shelter provided by RP,

President, GB & Raja of Tupi and Hunkan villages.”

16.2 Following the registration of the case, it was investigated by Khonsa Police Station, District Tirap, Arunachal Pradesh. Subsequently, in compliance of Ministry of Home Affairs, Government of India Internal Security-I Division North Block, New Delhi order No. F.No.11011/18/2015-IS.IV dated 11.05.2015, the National Investigation Agency (NIA) re-registered a case vide FIR No. RC 02/2015/NIA-GUW dated 25.05.2015 under Sections 120(B) /121 / 212 /302 /326 /34 of IPC r/w Section 25(1A) /27 of The Arms Act, Section 4 of The Explosive Substances Act & Section 16 of The Unlawful Activities (Prevention) Act 1967 arising out of Police Station Khonsa Case No. 20/2015 dated

02.04.2015.

16.3 An extensive investigative exercise was undertaken in the instant case and the NIA submitted a charge-sheet/report to the Hon’ble Special NIA Court, Arunachal Pradesh on 28.04.2016 recommending the prosecution of accused SS Captain Kapai @ Singmayo Kapai, S/O Luingam Kapai, R/O village Paoyi, PO Ukhrul, District Ukhrul, Manipur (A-1) under Sections 120B, 121, 121 (A), 302, 307 of the IPC and Sections 16, 18 and 20 of the UA (P) Act. In order to unravel the complete conspiracy relating to the crime, the NIA also submitted a petition to the Hon’ble Special NIA Court seeking permission to continue further investigations under the provisions of Section 173 (8) of the CrPC against accused A-1 and his associates/fellow-cadres.

16.4 Further investigations conducted in the instant case have revealed that accused SS Captain Kapai @ Singmayo Kapai (A-1) and SS Private Neyton Nokbi @ Leyton @ Moktua (A-2) and other cadres belonging to NSCN (IM) conspired to execute an armed attack on a convoy of vehicles of the Indian Army leading to the loss of life of three personnel of the 4th Rajput Regiment and serious

injuries to three others.

17. Facts Disclosed During the Investigation:

17.1 During the course of investigation, it was revealed that an armed ambush took place at around 0830 hrs on 02.04.2015 on a convoy of vehicles of the Indian Army moving from Khonsa, District Tirap, Arunachal Pradesh to Longding, District Longding, Arunachal Pradesh at a place near village Old Tupi, under Police Station Khonsa, District Tirap located at a distance of about 15 km from Khonsa town on the Khonsa-Longding road led to the loss of life of three personnel and serious injuries to three others of the 4th Rajput Regiment.

17.2 During the course of the investigation it has been established that accused SS Captain Kapai @ Singmayo Kapai (A-1) and SS Private Neyton Nokbi @ Leyton @ Moktua (A-2) along with their associates of the National Socialist Council of Nagalim (Issac Muivah faction)/NSCN-IM committed the aforementioned act of


terror to achieve the organisational aims of NSCN-IM and spread terror in the form of targeted attacks on institutions engaged in the maintenance of the unity and sovereignty of India. The investigations also revealed the conspiratorial aspects of the crime from a variety of collected evidences which established that there was pre-meditation, common intention and detailed

preparation relating to the execution of the act of terror.

17.3 Investigations conducted by the National Investigation Agency revealed that cadres belonging to the National Socialist Council of Nagalim (Issac Muivah faction)/NSCN-IM including SS Captain Kapai @ Singmayo Kapai (A 1) and SS Private Neyton Nokbi @ Leyton @ Moktua (A-2) and their associates conspired to execute an armed attack on a convoy of vehicles of the Indian Army near village Old Tupi, under Police Station Khonsa, District Tirap located at a distance of about 15 km from Khonsa town on the Khonsa-Longding road leading to the loss of life of three personnel of the 4th Rajput Regiment and serious injuries to three others.

17.4 Investigation conducted by the National Investigation Agency revealed that cadres of the National Socialist Council of Nagalim (Issac Muivah faction)/NSCN-IM including SS Captain Kapai @ Singmayo Kapai (A 1) and SS Private Neyton Nokbi @ Leyton @ Moktua (A-2) and their associates carried out the attack on the armed attack on a convoy of vehicles of the Indian Army near village Old Tupi, under Police Station Khonsa, District Tirap located at a distance of about 15 km from Khonsa town on the Khonsa-Longding road at around 0830 hrs on 02.04.2015 leading to the loss of life of three personnel of the 4th Rajput

Regiment and serious injuries to three others.

17.5 Investigations conducted by the NIA revealed that SS Captain Kapai @ Singmayo Kapai (A-1) and SS Private Neyton Nokbi @ Leyton @ Moktua (A-2) along with their associates of the NSCN-IM carried out the attack on the aforementioned convoy of vehicles of the 4th Rajput Regiment of the Indian Army at around 0830 hrs on 02.04.2015 near village Old Tupi, under Police Station Khonsa, District Tirap located at a distance of about 15 km from Khonsa town on the Khonsa-Longding road by attempting to blast explosive devices placed in a stretch on the Khonsa-Longding road on which the aforesaid

vehicles were moving and by directing firearm attack on the same.

17.6 Investigations revealed that the following personnel of the Indian Army received fatal and as well as grievous non-fatal injuries due to the

aforementioned act of crime:

Sl. No. Particulars of the deceased Cause of death

01 Havildar Charan Singh Gurjar of the 4th Rajput Regiment, Longding, District Longding, Arunachal Pradesh (PM SL No: 1)

The death was caused by firearm injuries which was ante-mortem in nature.

02 Havildar Sanjeev Kumar of the 4th Rajput Regiment, Longding, District Longding, Arunachal Pradesh(PM SL No: 1)

The death was caused by multiple firearm injuries which was ante-mortem in nature.

03 Havildar Parmal Singh of the 4th Rajput Regiment, Longding, District

The death was caused by multiple firearm/bullet


Longding, Arunachal Pradesh(PM SL No: 1)

injuries which was ante-mortem in nature.

Sl. No. Particulars of the injured person Nature of injury

1 xxxxxxxxx of the 4th Rajput Regiment, Longding, District Longding, Arunachal Pradesh

Injury caused by firearms, (grievous in nature)


Injury caused by firearms, (grievous in nature)


Injury caused by firearms (grievous in nature)

17.7 During the course of investigations, sufficient credible corroboration in the form of oral, material, documentary as well as technical evidence was collected to establish the role of the aforesaid accused in the crime relating to the instant

case.

17.8 Searches conducted by the investigation at the place of occurrence of the crime involved the recovery of empty cartridges of ammunition and unexploded bombs and explosives. Forensic report relating to the unexploded bombs and explosives received from CFSL, Kolkata has confirmed the presence of explosive

substances in the samples.

17.9 Investigations relating to the seizures made at the time of the apprehension of accused SS Captain Kapai @ Singmayo Kapai (A-1) has led to the recovery of a document which reveals a list of names including SS Captain Kapai @ Singmayo Kapai (A-1) and SS Private Neyton Nokbi @ Leyton @ Moktua (A-2) described in the same as ‘AVENGERS’. The writing relating to the aforementioned document has been confirmed by examinations conducted by the Central Forensics Sciences Laboratory (CFSL), Guwahati as having been written by accused SS Captain Kapai @ Singmayo Kapai (A-1).

17.10 Eye witness accounts of the crime have testified that two names listed in the aforementioned document, viz., ‘Leyton’ and ‘US’, were distinctly heard being shouted at the time of the commission of the crime.

17.11 Investigations conducted by the NIA establishes that the name ‘Leyton’ referred

in the aforementioned document and heard by eye-witnesses at the time of the commission of the crime is identified with arrested accused SS Private Neyton Nokbi @ Leyton @ Moktua (A-2).

17.12 Statements of two protected witnesses recorded in the instant case describe

the sequence of logistic activities of accused SS Captain Kapai @ Singmayo Kapai (A-1) and his associates including SS Private Neyton Nokbi @ Leyton @ Moktua (A-2) in and around the area close to the crime before the commission of the incident. Material evidence collected from spots identified by the investigation as having been used for the organisation of logistics relating to the crime also corroborate the involvement of the aforementioned accused in the commission of


the crime.

17.13 The presence of accused SS Captain Kapai @ Singmayo Kapai (A-1) near the scene of crime on and before the day of the incidents is further corroborated by technical evidence in the form of Call Detail Records (CDRs) of mobile SIM connections which have been established by multiple sets of evidences including forensic examination of admitted voice samples as having been used by him during the period.

17.14 Call Detail Records (CDRs) of mobile SIM connections used by accused SS

Captain Kapai @ Singmayo Kapai (A-1) reveal continuous communications on and before the day of the commission of the crime in the instant case with a close network of mobile connections the users of some of whom have been clearly identified with names listed in the seized document referred at para 17.6 above as ‘AVENGERS’.

17.15 Investigation conducted by the NIA prima facie establishes that the crime

registered in the instant case was an act of terror which is prosecutable under relevant Sections of law.

17.16 Investigations conducted by the NIA prima facie establishes that the crime in

the instant case was undertaken by members of a terrorist gang called the National Socialist Council of Nagalim (Issac Muivah faction)/NSCN-IM which is prosecutable under relevant Sections of law.

17.17 Investigations conducted by the NIA establishes the prima facie prosecutable

case against members of a terrorist gang called the National Socialist Council of Nagalim (Issac Muivah faction)/NSCN-IM including accused SS Captain Kapai @ Singmayo Kapai (A-1) and SS Private Neyton Nokbi @ Leyton @ Moktua (A-2) who conspired, planned and committed a terrorist act by carrying out an armed attack on a convoy of vehicles of the 4th Rajput Regiment of the Indian Army near village at around 0830 hrs on 02.04.2015 leading to the loss of life of three personnel of the 4th Rajput Regiment and serious injuries to three others.

17.18 Investigations relating to remaining conspirators as well as executors in the

crime relating to the instant case have, however, not been completed at this stage. Further investigations; therefore, needs to be continued in the instant case u/s 173(8) Cr PC so as to gather additional evidence in the instant case.

18. CHARGE :

It is proposed that the following accused in the instant case need to be charged under various Sections of Law:

a. A-1: SS Captain Kapai @ Singmayo Kapai, S/O Luingam Kapai, R/O

village Paoyi, PO Ukhrul, District Ukhrul, Manipur (presently in judicial custody at Jully Jail, Naharlagun, Arunachal Pradesh) under Sections 34 of IPC and Section 4 of the Explosives Substances Act, 1908 as amended in addition to the charges already proposed against him in the Prosecution Report submitted at the Hon’ble Special NIA Court, Arunachal Pradesh at Yupia on 28.04.2016.


b. A-2: SS Private Neyton Nokbi @ Leyton @ Moktua, S/O Shri Jaong

Nokbi (A-2) under Sections 120B, 121, 121 (A), 302, 307 read with 34 of the IPC, Sections 16, 18 and 20 of the UA (P) Act and Section 4 of the Explosives Substances Act, 1908 as amended.

18.1 Sanction for prosecution under Section 45(1) of The Unlawful Activities (Prevention) Act, 1967 as amended and sanction for prosecution u/s 196 of Cr.P.C. has been obtained from the competent authority and the same is enclosed herewith.

18.2 Sanction for prosecution under Section 7 of the Explosives Substances Act, 1908 as amended has been obtained from the competent authority and the same is enclosed herewith.

18.3 All the aforesaid offences have been committed within the jurisdiction of this Hon’ble Court. Hence, this Hon’ble Court has got jurisdiction to try the above offences.

18.4 It is, therefore, prayed that this Hon’ble court may be pleased to take cognizance of the offences as mentioned above against the aforesaid accused persons and issue process to them to stand trial in accordance with law.

19. Despatched on : 27.09.2016

20. No. of enclosures : 05

21. List of enclosures: (xxxxxxxxxx) (xxxxxxxxxx) (xxxxxxxxxx) (xxxxxxxxxx) (xxxxxxxxxx)

(Alok Bhattacharya ) Superintendent of Police

Chief Investigating Officer NIA Hqrs, New Delhi

Forwarded by (Subhashish Baruah) For Superintendent of Police NIA Branch Office: Guwahati Vetted and signed by