Nithari case

 Surendra Koli v State of UP & Ors.


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 was also alleged to have chopped and eaten the body parts after cooking them.

Appellant Surendra Koli was the servant of Moninder Singh, and they lived together at D-5, Sector 31, Noida. Surendra Koli alongwith Maninder Singh Pandher were convicted under Section 302/364/376 IPC by Additional Sessions Judge, Ghaziabad, U.P and awarded death sentence. In     Appeal/Reference  to the High Court Surendra Koli’s    death sentence     was   affirmed while   the other accused Maninder   Singh Pandher was acquitted.The Supreme Court agreed with the findings, conclusion and sentence of the High Court so far as accused Surendra Koli was concerned.

Confession was made by Surendra Koli    before      the       Magistrate      under       Section      164 Cr.PC. The Supreme Court was satisfied that it was a voluntary confession. The Supreme Court opined that the provisions of Section 164 CrPC had been fully complied with while recording the said statement.  In    the    aforesaid      statement   Surendra Koli admitted in great detail how he used to kill the girls after luring them inside the House 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.  He   volunteered   to    lead   the   police   team   to   the specific spot where he had kept the articles/body parts hidden. 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. During the scooping of the drain in front of D-5, bones and chappals were recovered.  He had given graphic description about the several murders he has committed. The confession under Section 164 had been corroborated in material particulars.  Weapons like knife had also been recovered.  The girls clothes had also been identified. The appellant was charged for the murder of Rimpa (amongst others), and was found guilty by both the trial Court    and     High     Court.

The Supreme Court was 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 Supreme Court observed that  the appellant appeared to be a serial killer, and the case fell in 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.

The Supreme Court held that the killings by the appellant Surendra Koli were horrifying and barbaric and thus fell within the category of rarest of rare case. The appeal was thus dismissed and death sentence awarded to Surendra Koli was upheld.