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2011 Supreme(SC) 178

GYAN SUDHA MISRA, MARKANDEY KATJU
Surendra Koli – Appellant
Versus
State of U. P. – Respondent


ORDER

1. Heard Dr. Sushil Balwada, learned counsel, who has appeared for the appellant Surendra Koli in Criminal Appeal No. 2227 of 2010.

2. 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.

3. 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.

4. 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.

5. The High Court in the impugned judgment dated 11.09.2009 has discuss















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