2011 Supreme(SC) 178

2011 (2) Supreme 281
SUPREME COURT OF INDIA
Markandey Katju and Gyan Sudha Misra, JJ.
Surendra Koli — Appellant(s)
versus
State of U.P. and Ors. — Respondent(s)
Criminal Appeal No 2227 of 2010
with
Special Leave Petition (Crl.) 608 of 2010
Decided on : 15-2-2011

Headnote:Indian Penal Code,1860-Sections 302/364/376 – Conviction of accused appellant A2 for killing several children chopping them and eating their body parts after cooking them-A2 was the servant of accused no. 1 , and they lived together at D-5, Sector 31, Noida- Death sentence was imposed on both these accused by Trial Court-On appeal death sentence of A2 was affirmed while A1 was acquitted-Appeal- Although it was a case of circumstantial evidence entire chain of circumstances connecting A2 with the crime had been established by prosecution beyond reasonable doubt- Admittedly, a confession was made by A2 before the Magistrate under Section 164 Cr.PC - Provisions of Section 164 CrPC had been fully complied with while recording said statement- In said statement before Magistrate appellant had 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 enclosed gallery behind the house at D-5, Sector 31, Noida- Appellant volunteered to lead the police team to specific spot where he had kept the articles/body parts hidden- The police party reached that spot along with 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 3-Appellant gave a graphic description about the several murders he had committed- The confession under Section 164 had 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-. The killings by appellant were 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-Case clearly fell within the category of rarest of rare case and no mercy could be shown to appellant -Appeal dismissed. (Paras 7 to 16)

       Facts of the Case :

        Accused appellantA2 was convicted herein in the instant case for killing several children, chopping them and eating their body parts after cooking them.A2 was the servant of accused no. 1 , and they lived together at D-5, Sector 1, Noida. Death sentence was imposed on both these accused by Trial Court. On appeal death sentence of A2 was affirmed while A1 was acquitted.

        2. Aggreived appellant has filed present appeal.

       Findings of the Court :

        Admittedly, a confession was made by A2 before the Magistrate under Section 164 Cr.PC . Provisions of Section 164 CrPC had been fully complied with while recording said statement. In said statement before Magistrate appellant had 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 enclosed gallery behind the house at D-5, Sector 31, Noida. Appellant volunteered to lead the police team to specific spot where he had kept the articles/body parts hidden. The police party reached that spot along with 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.Appellant gave a graphic description about the several murders he had committed. The confession under Section 164 had 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. The killings by appellant were 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. Case clearly fell within the category of rarest of rare case and no mercy could be shown to appellant .Appeal was dismissed.