“Sometimes the case clearly falls within the category of rarest of rare case and no mercy can be shown to anyone”
[Case Brief] Surendra Koli V/s State Of U.P & Ors.
|Case name:||Surendra koli V/S State of U.P & ors.|
|Case number:||Criminal appeal number-2227 of 2010|
|Court:||The supreme court of india|
|Bench:||Justice Markandey katju, Justice Gyan sudha misra|
|Decided on:||FEBRUARY 15, 2011|
|Relevant Act/Sections:||Section 164 CRPC, Section 27 of the Indian evidence Act|
- BRIEF FACTS AND PROCEDURAL HISTORY:
- The facts of this case are 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.
- PROCEDURAL HISTORY:
- This court agreed with the findings, conclusion and sentence of the High Court so far as accused Surendra Koli is concerned. 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.
- ISSUE BEFORE THE COURT:
- Whether the investigation of high court and session were wrong?
- RATIO OF THE COURT:
- The court contended after hearing of all the statement and submission of learned counsels that 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 that the entire chain of circumstances connecting the accused Surendra Koli with the crime has been established by the prosecution beyond reasonable doubt.
- The court agreed to 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 this court had also perused the same. The appellant appears to be a serial killer, and these cases in 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.
- The court observed that 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.
- The court stated that this case clearly falls within the category of rarest of rare case and no mercy can be shown to the appellant Surendra Koli.
- DECISION HELD BY COURT:
- At last the court stated that the appeal is dismissed.