Surendra Koli v State of U.P. (1475 OF 2009) - Synopsis

FACT OF THE CASE

The appellant Surendar Koli, accused no.2 & Maninder Singh Pandher, accused no.1 were convicted of offences under Section 302.364,376 IPC by the additional sessions Judge of UP. In an appeal to the high court koli’s death sentence was affirmed whereas Maninder Singh pander was acquitted. The present appeal was filed by koli seeking for mercy from the apex court.

The facts of the case were a horrifying one. The appellant koli was working in the house of accused no.1 and they were living together at sector 31, Noida. Since 2005, many children were missing in sector 31, Noida for over 2 years. Police did not take proper action to find the missing children.

In 2006, a girl named Payal who went to work at the house of accused no.1 was found missing. Her father tried to lodge a complaint against the accused no.1 which was not taken up by the police officers. After a month, Payal’s father approached Noida SSP and lodged a compliant of his missing daughter.

On Checking the call details of Payal’s number, police found that koli called her a day before she went missing. On further investigation by CBI, koli confessed that he raped and killed those missing children, chopped and cook those bodies to eat, dispose the waste behind the bungalow. The confession was made before the Magistrate as per section 164 of CrPC, because of which koli was convicted with death sentence.

 

 

 

ISSUE

Whether the mercy petition of koli be allowed?

And further other amendments to the judgement.

DECISION

Though the mercy petition of koli was rejected, on 2015 the court commuted the death sentence to life imprisonment on the ground of ‘inordinate delay’ of mercy petition.

Later in 2017, koli and Maninder Singh Pandher were awarded death sentence in pinky Sarkar rape case. This is the eighth of the 16 murder cases in which the judgement has been delivered in Nithari case. Judgments on other eight cases are yet to be delivered. 

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