Surendra Koli Vs
State of U.P. Ors.
(With office report)Date:
15/02/2011 This Appeal was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE
HON'BLE MRS. JUSTICE
GYAN SUDHA MISRA
Dr. Sushil Balwada,
Mr. Vivek K. Tankha
Mr. T. A. Khan, Adv.
Mr. Pratul Shandilya,
Mr. Sumeer Sodhi,
Mr. Kumnanan D., Adv.
Mr. Arvind Kumar
Mr. Harsh, Adv. For
the appellant Mr. B. P. Singh Dhakray, Adv. In SLP (crl) Mr. Shakti Singh
Dhakray, Adv. 608 of 2010 Mr. D. B. Vohra, Adv.
For Respondent(s) Mr.
Ratnakar Dash, Sr. Adv.
Mr. Shail Kumar
Mr. Rajeev K. Dubey,
Mr. Kamlendra Mishra
,AdvFor Resp No. 1 Mr. R. S. Sodhi, Sr. Adv. In SLP (Crl) Ms. Manisha Bhandari,
Adv608 of 2010 Mr. Omkar Shrivastava, Adv. For Ms. Madhu Moolchandani
UPON hearing counsel
the Court made the following
O R D E R
The appeal is
dismissed in terms of the signed order. SLP(Crl) NO. 608 of 2010 Leave granted.
(Deepak Joshi) (Indu Satija) Sr. P.A. Court Master (Signed reportable order is
placed on the file )
Surendra Koli Vs
State of U.P. and Ors
O R D E R
Heard Dr. Sushil Balwada,
learned counsel, who has
appeared for the appellant Surendra Koli in Criminal Appeal No. 2227 of 2010. The
appellant Surendra Koli, accused no. 2 and Maninder Singh Pandher accused no. 1
were convicted under Section 302/364/376 IPC by the Special Sessions trial no. 611
of 2007 decided on 13.02.2009 by Additional Sessions Judge, Ghaziabad, U.P. By
that judgment death sentence was imposed on both these accused. In Appeal/Reference
to the High Court accused Surendra Koli's death sentence was affirmed while the
accused Maninder Singh Pandher was acquitted. Hence, Surendra Koli has filed
this Appeal before us. The facts of this case are gruesome and horrifying.
It seems that several
children had gone missing over 2 years from Sector 31, Nithari Village, Gautam Budh
Nagar, Noida from 2005 onwards. Several of such children were alleged to have been
killed by the appellant who is also alleged to have chopped and eaten the body parts
after cooking them. Appellant Surendra Koli was the servant of accused no. 1 Moninder
Singh, and they lived together at D-5, Sector 31, Noida. The High Court in the impugned
judgment dated 11.09.2009 has discussed the evidence in great detail and we have
carefully perused the same. It is not necessary therefore to again repeat all
the facts which have been set out in the judgment of the High Court except where
necessary. We entirely agree with the findings, conclusion and sentence of the
High Court so far as accused Surendra Koli is concerned. Admittedly, there was
a confession made by Surendra Koli before the Magistrate under Section 164 Cr.PC
on 01.03.2007 and we are satisfied that it was a voluntary confession.
The Magistrate repeatedly
told the accused Surendra Koli that he was not bound to make the statement and it
can be read against him. In our opinion the provisions of Section 164 CrPC have
been fully complied with while recording the said statement. In the aforesaid statement
before the Magistrate appellant Surendra Koli has admitted in great detail how
he used to kill the girls after luring them inside the House no. D-5, Sector 31,
Noida by strangulating them, and he would then chop up and eat up their body
parts after cooking them. Some body parts, clothes and slippers were thrown in the
enclosed gallery behind the house at D-5, Sector 31, Noida.
He volunteered to lead
the police team to the specific spot where he had kept the articles/body parts hidden.
The police party reached that spot along with the appellant. On his pointing
out, 15 skulls and bones were recovered, and also a knife was recovered from a
water tank of a bath room in D-5, Sector 31. On 31.12.2006 during the scooping
of the drain in front of D-5, bones and chappals were recovered. He has given graphic
description about the several murders he has committed. Surendra Koli was the
servant of co-accused Maninder Singh Pandher as has been admitted by him. The
confession under Section 164 has been corroborated in material particulars.
The body parts of the
killed girls have been found in the gallery behind the house and in the Nala
beside the house. Weapons like knife have also been recovered. The girls
clothes have also been identified. Two girls PW-27 namely Pratibha and PW-28 namely
Purnima have stated before the trial Court that they were also attempted to be
lured inside the House D-5 by Surendra Koli but they refused to enter the
house. This was their sheer good luck, for if they would have entered the house
then they might have met the same fate. Their evidence indicates the modus
operandi of the appellant. The parents of one Rimpa Haldar had filed a missing report
at the police station on 20.07.2005 stating that their daughter Rimpa aged about
15 years had gone to domenial work in Sector 20 on 08.02.2005 but had not
returned. Smt Doli Haldar came to know that in D-5, Sector 31 human skeleton
and clothes had been found. Hence she went there and identified the chunni and
bra of her daughter.
The appellant was charged
for the murder of Rimpa (amongst others), and was found guilty by both the trial
Court and High Court. Although it is a case of circumstantial evidence we are of
the opinion that the entire chain of circumstances connecting the accused Surendra
Koli with the crime has been established by the prosecution beyond reasonable
doubt. The DNA test of Rimpa by CDFD, a pioneer institute in Hyderabad matched
with that of blood of her parents and brother. The Doctors at AIIMS have put
the parts of the deceased girls which have been recovered by the Doctors of AIIMS
together. These bodies have been recovered in the presence of the Doctors of
AIIMS at the pointing out by the accused Surendra Koli. Thus, recovery is
admissible under Section 27 of the Evidence Act. On the facts of the case we see
no reason to interfere with the findings of the trial court and the High Court that
the appellant Surendra Koli is guilty of murdering Rimpa Haldar. Both Courts have
gone into the evidence in great detail and we have perused the same.
The appellant appears
to be a serial killer, and these cases in our opinion fall within the category
of rarest of the rare cases as laid down in Bachan singh Vs State of Punjab,
1982 SCC 689 which has been subsequently followed in Atbir Vs Government of NCT
of Delhi, 2010 SCC (9)
The killings by the appellant
Surendra Koli are horrifying and barbaric. He used a definite methodology in committing
these murders. He would see small girls passing by the house, and taking advantage
of their weakness lure them inside the house no. D-5, Sector 31, Nithari Village,
Noida and there he would strangulate them and after killing them he tried to
have sex with the body and would then cut off their body parts and eat them. Some
parts of the body were disposed off by throwing them in the passage gallery and
drain (nala) beside the house. House no. D-5, Sector 31 had become a virtual slaughter
house, where innocent children were regularly butchered. In our opinion, this case
clearly falls within the category of rarest of rare case and no mercy can be
shown to the appellant Surendra Koli.
The appeal is,
PETITION (CRL.) 608 of 2010
[GYAN SUDHA MISRA]