ITEM NO.101 COURT NO.6 SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
CRIMINAL APPEAL NO(s). 2227 OF 2010
SURENDRA KOLI Appellant (s)
VERSUS
STATE OF U.P. ORS. Respondent(s)
WITH SLP(Crl) NO. 608 of 2010
(With office report)
Date: 15/02/2011 This Appeal was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE MARKANDEY KATJU
HON'BLE MRS. JUSTICE GYAN SUDHA MISRA
For Appellant(s) Dr. Sushil Balwada, Adv. AC
Mr. Vivek K. Tankha (A.S.G.)
Mr. T. A. Khan, Adv.
Mr. Pratul Shandilya, Adv.
Mr. Sumeer Sodhi, Adv.
Mr. Vaibhav Srivastava, Adv.
Mr. Kumnanan D., Adv.
Mr. Arvind Kumar Sharma, Adv.
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 Dwivedi, AAG
Mr. Rajeev K. Dubey, Adv.
Mr. Kamlendra Mishra ,Adv
For Resp No. 1 Mr. R. S. Sodhi, Sr. Adv.
In SLP (Crl) Ms. Manisha Bhandari, Adv
608 of 2010 Mr. Omkar Shrivastava, Adv. For
Ms. Madhu Moolchandani
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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 )
Reportable
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO 2227 OF 2010
SURENDRA KOLI .........Appellant (s)
Versus
STATE OF U.P. AND ORS. ........Respondent (s)
WITH
SPECIAL LEAVE PETITION (CRL.) 608 of 2010
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
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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
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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 do
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menial 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) 1.
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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, therefore, dismissed.
SPECIAL LEAVE PETITION (CRL.) 608 of 2010
Leave granted.
.....................J.
[MARKANDEY KATJU]
.....................J.
[GYAN SUDHA MISRA]
NEW DELHI;
FEBRUARY 15, 2011
