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2011 (2) TMI 1622

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..... RDER 1. The appeal is dismissed in terms of the signed order. SLP (Crl.) No. 608 of 2010 2. Leave granted. 3. Heard Dr. Sushil Balwada, learned Counsel, who has appeared for the Appellant Surendra Koli in Criminal Appeal No. 2227 of 2010. 4. 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. 5. 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 f .....

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..... 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 the enclosed gallery behind the house at D-5, Sector 31, Noida. He volunteered to lead the police team to the specific spot where he had kept the articles/body parts hidden. The police party reached that spot along with the 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. On 31.12.2006 during the scooping of the drain in front of D-5, bones and chappals were recovered. 10. He has given graphic description .....

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..... ra Koli with the crime has been established by the prosecution beyond reasonable doubt. 15. The DNA test of Rimpa by CDFD, a pioneer institute in Hyderabad matched with that of blood of her parents and brother. The Doctors at AIIMS have put the parts of the deceased girls which have been recovered by the Doctors of AIIMS together. These bodies have been recovered in the presence of the Doctors of AIIMS at the pointing out by the accused Surendra Koli. Thus, recovery is admissible under Section 27 of the Evidence Act. 16. On the facts of the case we see no reason to interfere with 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 evide .....

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