# Surendra Koli v. State through C.B.I

- **Citation:** (2023) 10 ILRA 149
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2023-10-16
- **Case number:** J. Capital Case No. 5183 of 2017
- **Bench:** Ashwani Kumar Mishra, Syed Aftab Husain Rizvi
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/surendra-koli-v-state-through-c-b-i-49330
- **Pages:** 190

## Headnote

Criminal Law- Indian Penal Code, 1860 -
Sections 302, 201 - Code of Criminal Procedure,
1973 - Section 164 - Indian Evidence Act, 1872
- Section 27 - Appeal against conviction and
death sentence under Sections 302 and 201 IPC
for murder and causing disappearance of
evidence in Nithari Killings case allowed;
conviction and sentence set aside. Held: (1)
Prosecution's case, reliant on accused's extrajudicial confession and recoveries under Section
27 of Evidence Act, unsustainable as recoveries
(skulls, bones) were from an open service lane
not under accused's exclusive control, casting
doubt on his exclusive knowledge (Pancham
Singh v. State of M.P., (2013) 4 SCC 34). (2)
Confession before police and recovery memos
marred
by
inconsistencies;
confessional
statements under Section 164 Cr.P.C. and
scientific tests (narco-analysis, polygraph) lack
substantive evidentiary value (State (N.C.T. of
Delhi) v. Navjot Sandhu, (2005) 11 SCC 600).
(3) Absence of forensic evidence (e.g., blood
stains,
human
remains)
inside
accused's
residence weakens prosecution's case. (4)
Alleged motive of accused acting in an
"automaton state" unsupported by conclusive
evidence. (5) Trial court erred in convicting
based on incomplete chain of circumstantial
evidence; prosecution failed to prove guilt
beyond reasonable doubt. (6) Death sentence
unsustainable
due
to
lack
of
conclusive
evidence; conviction set aside (K.K. Velusamy v.
N. Palanisamy, (2011) 11 SCC 275). Accused
acquitted. (Paras 1-5)

Criminal Appeal Allowed; Accused Acquitted.

Case Law Cited:

## Text

_Characters 0–39,342 of 647,099. This is a partial read: ask again with offset=39342 for what follows._

10 All. Surendra Koli Vs. State through C.B.I.
149
Shyam vs. Ravi Prakash @ Suraj & others),
under Sections 323, 504, 506 I.P.C. and
Section 3(1)Da and 3(1) Dha of SC/ST
(PA) Act, P.S. Machrehata, District Sitapur
pending in the court of learned Special
Judge, S.C./S.T. Act, Sitapur as well as the
impugned
summoning
order
dated
05.09.2022 passed in the aforesaid case is
hereby quashed so far as it relates to the
instant appellants Ravi Prakash @ Suraj
and Rajesh Kumar @ Tori.

16) The party shall file computer
generated copy of such order downloaded
from the official website of High Court
Allahabad or certified copy issued from the
Registry of the High Court, Allahabad.

17)

The
concerned
Court/Authority/Official shall verify the
authenticity of such computerized copy of
the order from the official website of High
Court Allahabad
and
shall
make
a
declaration of such verification in writing.
----------
(2023) 10 ILRA 149
APPELLATE JURISDICTION
CRIMINAL SIDE
DATED: ALLAHABAD 16.10.2023

BEFORE

THE HON'BLE ASHWANI KUMAR MISHRA, J.
THE HON'BLE SYED AFTAB HUSAIN RIZVI,
J.

Capital Case No. 5183 of 2017
With
Capital Reference No. 10 of 2017

With
Capital Case No. 4404 of 2017
With
Capital Reference No. 10 of 2017

Surendra Koli ...Appellant
Versus
State through C.B.I. ...Respondent
Counsel for the Appellant:
From Jail, Sri Yug Mohit Chaudhary, Ms.
Payoshi Roy, Sri Siddhartha Sharma, Ms.
Mary Punch (Sheeba Jose), Sri Mohd. Kalim

Counsel for the Respondent:
A.G.A., Sri Amit Mishra, Sri Gyan Prakash,
Sri Jitendra Prasad Mishra, Sri Sanjay
Kumar Yadav

Criminal Law- Indian Penal Code, 1860 -
Sections 302, 201 - Code of Criminal Procedure,
1973 - Section 164 - Indian Evidence Act, 1872
- Section 27 - Appeal against conviction and
death sentence under Sections 302 and 201 IPC
for murder and causing disappearance of
evidence in Nithari Killings case allowed;
conviction and sentence set aside. Held: (1)
Prosecution's case, reliant on accused's extrajudicial confession and recoveries under Section
27 of Evidence Act, unsustainable as recoveries
(skulls, bones) were from an open service lane
not under accused's exclusive control, casting
doubt on his exclusive knowledge (Pancham
Singh v. State of M.P., (2013) 4 SCC 34). (2)
Confession before police and recovery memos
marred
by
inconsistencies;
confessional
statements under Section 164 Cr.P.C. and
scientific tests (narco-analysis, polygraph) lack
substantive evidentiary value (State (N.C.T. of
Delhi) v. Navjot Sandhu, (2005) 11 SCC 600).
(3) Absence of forensic evidence (e.g., blood
stains,
human
remains)
inside
accused's
residence weakens prosecution's case. (4)
Alleged motive of accused acting in an
"automaton state" unsupported by conclusive
evidence. (5) Trial court erred in convicting
based on incomplete chain of circumstantial
evidence; prosecution failed to prove guilt
beyond reasonable doubt. (6) Death sentence
unsustainable
due
to
lack
of
conclusive
evidence; conviction set aside (K.K. Velusamy v.
N. Palanisamy, (2011) 11 SCC 275). Accused
acquitted. (Paras 1-5)

Criminal Appeal Allowed; Accused Acquitted.

Case Law Cited:

1. State (N.C.T. of Delhi) v. Navjot Sandhu,
(2005) 11 SCC 600 (Para 2)
150 INDIAN LAW REPORTS ALLAHABAD SERIES
2. K.K. Velusamy v. N. Palanisamy, (2011) 11
SCC 275 (Para 5)

3. Pancham Singh v. State of M.P., (2013) 4
SCC 34 (Para 1)

(Delivered by Hon'ble Ashwani Kumar
Mishra, J.)

1. Accused appellants Surendra Koli
S/o Shankar Ram Koli (hereinafter referred
to as 'SK') and accused Moninder Singh
Pandher s/o Sampooran Singh (hereinafter
referred to as 'Pandher') have been tried in
Sessions Trial No. 440 of 2007, arising out
of CBI FIR No. RC 2(S)/07-SCB-I/DLI,
under Sections 302, 364, 376 r/w 511, 201
IPC and Sections 302 r/w 120B, 376/511
r/w 120B and 201 r/w 120B IPC,
respectively and convicted in the aforesaid
sections vide judgment dated 24.07.2017.
Accused
SK
is
sentenced
to
death
alongwith fine of Rs. 10,000/- under
Section 302 IPC with a direction to hang
the
accused
till
death,
subject
to
confirmation by the High Court; life
imprisonment alongwith Rs. 10,000/- fine
under Section 364 IPC; 10 years rigorous
imprisonment alongwith Rs. 10,000/- fine
under Section 376 r/w 511 IPC and seven
years rigorous imprisonment alongwith fine
of Rs. 5,000/- under Section 201 IPC.
Default sentence has also been awarded for
non-payment of fine of six months under
Section 302 IPC, four months, each, in
respect of offences under Section 364, 376
r/w 511 and Section 201 IPC; whereas
accused Pandher is sentenced to death
alongwith fine of Rs. 10,000/- under
Section 302 r/w 120B IPC with a direction
to hang the accused till death, subject to
confirmation by the High Court; 07 years
rigorous
imprisonment
alongwith
Rs.
10,000/- fine under Section 376/511 r/w
120B
IPC
and
07
years
rigorous
imprisonment alongwith fine of Rs. 5,000/-
under Section 201 r/w 120B IPC. Default
sentence has also been awarded for nonpayment of fine of six months under
Section 302 r/w 120B IPC, four months,
each, in respect of offences under Section
376/511 r/w 120B and Section 201 r/w
120B IPC.

2. The court of sessions has
forwarded the judgment dated 24.07.2017,
alongwith records of the proceedings, for
confirmation of death sentence under
Section 366 Cr.P.C. The confirmation
proceedings
have
accordingly
been
registered as Reference Case No. 10 of
2017. Jail Appeals are also filed by accused
SK and Pandher, which are registered as
Capital Criminal Appeal Nos. 5183 of 2017
and 4404 of 2017 respectively. The
reference proceedings and the capital
criminal appeals arising out of the
judgment dated 24.07.2017 have been
heard together and are being disposed of by
this common judgment. In order to protect
identity of the unfortunate victims of
Nithari incident, their names are being
 anonymized.

The Nithari Incident

3. Nithari is a village abutting Sector31 of NOIDA, in District Gautam Buddh
Nagar of Uttar Pradesh. It suddenly became
infamous for its missing children and
caused massive uproar in the country.
Various complaints were lodged in respect
of
such
missing
children
by
their
parents/guardians
which
included
the
complaint of one Nand Lal, father of a
young girl namely L, who too had gone
missing on 07.05.2006 and a complaint was
lodged with Police Station Sector-20,
Noida. An application under Section 156(3)
Cr.P.C. was filed by the informant on
24.08.2006 against Moninder Singh and
10 All. Surendra Koli Vs. State through C.B.I.
151
Surendra residents of D-5, Sector-31,
Noida for registration of FIR against them.
The Chief Judicial Magistrate, Gautam
Buddh Nagar ordered registration of first
information report in respect of missing girl
L on 27.09.2006. It is pursuant to this
direction that Case Crime No. 838 of 2006
was registered at Police Station - Sector20, NOIDA, under Section 363, 366 IPC on
07.10.2006.

4. It transpires that progress of
investigation
in
the
case
was
not
satisfactory and consequently, a grievance
was raised before this Court relating to
tardy process of investigation in the case
and consequently, directions came to be
issued for the investigation in Case Crime
No. 838 of 2006 to be pursued with
expedition.
In
compliance
of
such
directions, orders were issued by the
Superintendent of Police for constituting
special team to investigate the case. Dinesh
Yadav, Dy. S.P., Noida, was to lead this
special team. It is during investigation of
the case that role of accused Surendra Koli
(SK) surfaced and the police took him in
custody on 29.12.2006. Accused SK
purportedly confessed to the killing of the
missing girl L and claimed to have chopped
her body into pieces and dumped her head
and slippers in the enclosed gallery behind
House No. D-5, Sector-31, NOIDA, while
other body parts were thrown in the public
drain passing in front of the house. Accused
SK allegedly volunteered to lead the police
party to the particular spot in enclosed
gallery behind House No. D-5, Sector-31,
NOIDA where he had concealed the body
parts of missing girl L and her other
belongings. The police party alongwith
accused SK came to the spot and as per the
prosecution, on his pointing out, the skull
and other body parts of L was recovered.
While accused SK was at the place of
recovery i.e. the enclosed gallery behind
House No. D-5, Sector-31, NOIDA, also
confessed to the killing of other missing
women/children, in a similar fashion, and
fourteen more skulls were recovered on his
pointing out from the same enclosed
gallery where digging had already started.
A recovery memo (Exhibit Ka-16), to such
effect, was drawn on the dictation of
Dinesh Yadav (PW-40) to Sub-Inspector
Chhote Singh (PW-28) which is duly
exhibited during trial and is on record.

5. Ex.Ka.16 records that while the
skull has been concealed beneath the
surface in the enclosed area behind House
No. D-5, Sector-31, NOIDA, the other
body parts of L was discharged in the drain
flowing in front of the house. Accused SK
also confessed to have hidden the knife
used in the offence and offered to get it
recovered. A mud stained knife was later
recovered on the pointing out of SK from
below a water tank kept on the roof of
House
No.
D-5,
Sector-31,
Noida
(Ex.Ka.17). A yellow Kurti, white Salwaar
and a pair of slippers was also recovered
from a yellow plastic (Ex.Ka.50). During
the course of cleaning of drain in front of
the House No. D-5, Sector-31, NOIDA,
recoveries were also made of bones,
bangles, slippers, etc., vide (Ex.Ka.18). On
5.1.2007 also certain recoveries were made
of suspected stains, kitchen knife, Aari
(iron blade), etc. The accused SK was also
taken to Gandhi Nagar in Gujarat for
conduct
of
various
scientific
tests
(polygraph test, narco analysis test, brain
mapping etc.) and the reports obtained from
these tests have also been relied upon to
implicate the accused SK.

6.

For
better
appreciation
of
prosecution case, we consider it expedient,
at the outset, to refer to the site plan,
152 INDIAN LAW REPORTS ALLAHABAD SERIES
prepared by the Investigating Officer and
exhibited as Paper No. Ka-74. Rough
layout plan of ground floor of House No.
D-5 as well as of the first floor has also
been prepared in RC 2(S)/07-SCB/DLI.
House No. D-5 situates on the main road
and sewer drainage passes between the
road and the boundary of House No. D-5.
On one side of House No. D-5 is House
No. D-4 whereas on the other side is House
no. D-6. House number D-6 incidentally
belongs to a doctor who apparently was a
suspect in a case of organ trade (kidney
transplant). Behind House No.D-4, D-5 and
D-6 there is a service lane, which is
blocked by boundary from all sides. On the
one side of it is the boundary of house
number D-5 and D-6 while on the other
side of this service lane, behind House No.
D-5, D-6 is the 5 ft. high boundary wall of
U.P. Jal Nigam. Height of boundary is
admitted to be about 25 ft. behind house
number D-5. It is from this enclosed gallery
that biological remains (skulls, bones and
skeleton etc.) have been recovered.

7. Main gate of House No. D-5 is on
the left of the plot and has an open drive
way leading to the servant room at the end.
This drive way is used for parking of car,
etc. There exists a drawing room, three bed
rooms, dinning room, toilets, etc. on the
ground floor. There is also a kitchen and
store adjoining the drawing room. There is
a open courtyard behind the constructed
portion on the ground floor which has a
spiral iron staircase for the servant room on
the first floor attached to a toilet. There is,
however, no space for courtyard behind the
servant room. The attached bathroom on
the first floor has a window which opens in
the enclosed service lane.

8. Page 914 of the paper book
contains the site plan (Ex.Ka.74), which is
proved by PW-40. Place 'A' is shown in the
site plan, which situates in the enclosed
gallery behind House No. D-6 from where
bones have been recovered. A-1 and B are
the other spots in the enclosed gallery
behind House No. D-5 from where bones
and clothes have been recovered. Point A-1
and B shown in the enclosed gallery behind
House No. D-5 however, are abutting
House no. D-6, from where most of the
recovery of bones/skeleton are made. No
recovery of skeleton or bones etc. are
shown from enclosed gallery behind the
servant room or the toilet in the servant
room.
The
width
of
the
enclosed
gallery/service lane is specified as 31⁄2 ft.
The enclosed gallery from which recoveries
are made are outside the boundary of
House No. D-5 and D-6 as is clearly
admitted to the investigating officer (PW40) in his testimony. The area from which
recovery has been made is shown as service
lane and according to PW-40 this land
belongs to Noida and not to Pandher, who
owned House No. D-5.

9. All the recoveries are either made
from the enclosed service lane which is
shown in the map as no man's land or from
the sewer drainage situated beyond the
boundary of House no. D-5 and D-6. None
of the recovery of skull, bones/skeleton is
made from within the House No. D-5. The
only recovery from within the House No.
D-5, Sector 31, Noida is that of two knives
and an axe, which admittedly are not used
for committing the offence of rape, murder
etc. but are alleged to have been used for
cutting the body parts after the victims
were strangulated to death.

10. Seven member team from
Forensic
Science
Laboratory,
Agra
inspected House No. D-5, Sector-31, Noida
for blood stains, human remains etc. but
10 All. Surendra Koli Vs. State through C.B.I.
153
except for a blood spot of unknown origin
in the bathroom sink and pipe, no other
biological or forensic material was found
from the house. The enclosed gallery
behind House No. D-5 and D-6, Sector-31,
Noida was photographed and preliminary
examination of blood stains was conducted
and maps of rooms etc of House No. D-5,
Sector-31, Noida was prepared. Various
items were seized from the house including
portions of a pink mattress, a yellow bedsheet and sofa mattress. A semen stain of
unknown origin was found on sofa mattress
which has not matched with the accused
SK. The enclosed gallery was also dug up
and bones, clothes and soil etc were seized.

11. Considering the gruesome killings
of helpless women and children of Nithari
and the gravity of offence the ongoing
investigation in the case was transferred to
Central
Bureau
of
Investigation
on
09.01.2007. The C.B.I. took over the
ongoing investigation of Nithari cases on
11.01.2007. FIRs previously lodged were
re-registered by the CBI and the custody of
accused SK was extended from time to
time by the concerned magistrate. Accused
SK also made disclosure on 13.1.07 at CBI
office regarding the spot of killing and
disposal of bodies and recoveries of
chappals etc from the enclosed gallery
behind House No. D-5, and D-6, Sector-31,
Noida and the Jal Board residential
quarters.

12. The C.B.I. ultimately produced
SK on 28.02.2007 for recording his
confession before the court of ACMM,
Patiala House Courts at New Delhi. On the
directions of learned ACMM the confession
was
recorded
by
the
Metropolitan
Magistrate, Delhi on 1.3.2007, under
Section 164 Cr.P.C. Accused SK confessed
to have raped and killed the victims and
also disclosed the manner in which he
disposed of the victim's bodies. C.B.I. also
conducted various scientific tests on the
accused SK and based upon the confession,
recovery of incriminating material under
Section 27 of the Indian Evidence Act,
1872 (hereinafter referred to as 'the Act of
1872') and the scientific tests conducted in
the case ultimately submitted charge-sheets
in all 16 cases before the concerned
Magistrate.

13. As per the prosecution, Moninder
Singh Pandher lived in House No. D-5,
Sector 31, NOIDA and would often call sex
workers and cavorted with them. Watching
Pandher
cavorting
with
sex
workers
triggered an automaton state for the
accused SK, who enticed the victims on
one pretext or the other; immobilized them;
attempted or raped the victim and then
killed them by strangulation. He then took
their dead bodies to the servant's bathroom
on the upper-floor of the house No. D-5,
Sector-31, Noida and cut the body parts of
the dead victims and eat some part of torso,
and throw the skull and clothes, etc., partly
in the enclosed space/gallery behind House
No. D-5 and discharged rest of the body
parts in the drain flowing in front of the
house.

14. Trials were conducted in 16 cases
of Nithari killings. The accused appellants
were acquitted in three cases of victims
Pushpa, Harsh and Max by the Court of
Sessions, while in respect of remaining 13
cases the accused SK has been sentenced to
death. In one of these cases of victim 'XYZ'
the death sentence has been affirmed by
this Court in Criminal (Capital) Appeal No.
1475 of 2009, corresponding to Reference
No. 3 of 2009, by a co-ordinate bench of
this Court on 11th September, 2009. The
judgment of this Court in 'XYZ''s case has
154 INDIAN LAW REPORTS ALLAHABAD SERIES
been affirmed by the Supreme Court in
Criminal Appeal No.(s). 2227 of 2010,
decided on 15.2.2011, with summary
dismissal of appeal.

15. Separate and distinct trials have
been held by the court of Sessions in 12
remaining cases and the accused SK has
been sentenced to death by the Court of
Sessions in all 12 cases. In two, out of these
12 cases i.e. cases of victim A and C the
other accused namely Pandher has also
been sentenced to death by the trial court.
In remaining 10 cases co-accused Pandher
has been acquitted, except in Sessions Trial
No. 439 of 2007, wherein Moninder Singh
Pandher has been convicted under Section
3
and
5
of
Immoral
Trafficking
(Prevention) Act, 1956 by the trial court.
Thus aggrieved, 12 appeals have been
preferred by accused SK against his
conviction and death sentence while coaccused Pandher has filed two appeals
against his conviction and death sentence.
The present appeal relates to victim A.

Disappearance of victim A

16. According to the prosecution case,
the first informant in the present case
namely, Jatin Sarkar S/o Bhanu Sarkar R/o
Village Nithari made a written report
stating that his daughter A, aged 20 years,
is married and has a son of one and a half
years who was with the informant. On
5.10.2006, Aleft the house for work but did
not return. Efforts were made to search her,
but she could not be traced. On 29.12.2006,
the first informant came to know that
behind House No. D-5, Sector 31, Noida,
skull, bones and skeleton of missing
women and children as well as their clothes
have been found. It is then that he came
alongwith his wife Vandana Sarkar and
could identify the Salwar Suit and Slippers
of his missing daughter A. It became
apparent that owner of house No. D-5,
Sector-31,
Noida
i.e.,
Moninder
S/o
Sampooran Singh and his servant Surender
@ Satish Koli had called his daughter to
the house and after sexually assaulting her
has hidden her body beneath the soil behind
his house. Since no previous information
was given to police, as such, a request was
made to register a case and take legal
action. On the basis of such report, Case
Crime No. 1025 of 2006 was registered at
Police Station - Sector 20, Noida, under
Sections 364, 376, 302, 201, 120B IPC at
3.25 am on 30.12.2006. The distance of
police station was about 2.5 km. Later,
investigation of the case was transferred to
C.B.I. and the FIR was re-registered as RC
No. 2(S)/2007 against the accused SK and
Moninder Singh Pandher. However, only
accused SK has been charge-sheeted under
Sections 302, 364, 376 r/w 511 and 201
IPC. Co-accused Moninder Singh Pandher
was later summoned under Section 319
Cr.P.C. and has also been convicted and
sentenced to death.

17. The prosecution version is
essentially based upon detailed confession
made by accused SK, as well as alleged
recovery of body parts etc., on his pointing
out, immediately after his arrest on 29th
December, 2006 and on subsequent dates.
The recovery and confession both have
been relied upon by the courts below to
send the accused to the gallows. Similarly,
complicity of co-accused Moninder Singh
Pandher has also been found in two out of
12 cases in eliminating the deceased.

18. It is in the above background that
we are called upon to examine the evidence
on record of this case to determine the
question as to whether the prosecuting
agency i.e. CBI herein, has been able to
10 All. Surendra Koli Vs. State through C.B.I.
155
establish the guilt of the accused appellants
beyond reasonable doubt and whether this
case falls in the category of rarest of rare
case thereby meriting extreme punishment
of hanging for the accused.

19. Charges have been framed against
the accused SK under Sections 364, 376
r/w 511 IPC, 302 and 201 IPC by the
concerned court on 4.6.2007. The charges
have been explained to the accused SK,
who has denied the accusations made
against him and has demanded trial.

Documentary
evidence
of
prosecution

20. Prosecution has relied upon
following documentary evidence in support
of its case:-

Sr.
No
.
Details of the Record
Name
and
Number
of
the
witness
testifying in
support
of
the document
Exhibit
No.
1
Disclosure
Statement
Paper No 30 A/1 to 9
accused
Surendra
Koli
dated 13-1-2007
P.W.
-2
Ashwani
Singh
Ext ka -
1
2
Copy of inquest report
dated 13-1-07 Paper No
31A/1
to
7
P.W. -2 Ashwani Singh
P.W.
-2
Ashwani
Singh
Ext ka -
2
3
Copy of search seizure
memo
dated
12-1-07
Paper No 39A to/ 1 to 7
P.W.
-3
Satish
Chandra
Mishra
Ext ka -
3
4
Copy of search- seizure
memo
dated
13-1-07
Paper No 34A/ 1 to 8
P.W.
-3
Satish
Chandra
Mishra
Ext ka -
4
5
Copy of search- seizure
memo biological material
dated 15-1-07 paper No
37A/1 to 2
P.W.
-4
Mukesh
Kumar
Ext ka -
5
6
Copy of search- seizure
memo biological material
dated 16-1-07 paper no
P.W.
-4
Mukesh
Kumar
Ext ka -
6
38A/ 1 to 2
7
Copy of the letter sent by
AIIMS,
Delhi
for
forwarding the medical
report to DIG/CBI, paper
no 46A/1
P.W. -5 Dr.
DK Sharma
Ext ka -
7
8
Copy
of
Psychological
assessment report of the
accused
Surendra
Koli
paper
No
46A/3
P.W. -6 Dr. Mamta Sood
P.W. -6 Dr.
Mamta Sood
Ext ka -
8
9
Copy of the report by
experts of AIIMS related
to
bones
and
other
material dated 15.3.2007
paper no 48A/1 to 172
P.W. -7 Dr.
Manish
Kummad
Ext ka -
9
10 Copy of forensic report by
Experts in AIIMS related
to
bones
and
other
materials dated 16.3.2007,
paper no 49A/1
P.W. -7 Dr.
Manish
Kummad
Ext ka -
10
11 Copy of the letter sent by
AIIMS, New Delhi to CBI
related to forwarding of
the report dated 16-3-07,
paper no 51A/ 1to 13
P.W. -7 Dr.
Manish
Kummad
Ext ka -
11
12 Expert's report of AIIMS
dated 17-3-07 paper no
50A/ 1 to 91
P.W. -7 Dr.
Manish
Kummad
Ext ka -
12
13 Copy
of
Disclosure
statement
by
accused
Surendra Koli dated 18-1007 paper no 32A/ 1
P.W.
-8
Virendra
Singh Dagar
Ext ka -
13
14 Copy of inquest report-
recovery dated 18-1-2007
paper no 33A/ 1 to 3
P.W.
-8
Virendra
Singh Dagar
Ext ka -
14
15 Copy of letter from SPCBI
dated 3-2-07 paper no
21Ka/1
P.W. -9 Dr.
Sanjay
Lalwani
Ext ka -
15
16 Copy of recovery memo
of 15 human skulls dated
29-12-06 paper no 12A/ 1
to 2
P.W.
-10
Pappu Lal
Ext ka -
16
17 Copy of recovery memo
of knife dated 29.12.06
paper no 11A/1
P.W.
-10
Pappu Lal
Ext ka -
17
18 Copy of recovery memo
of human bones dated
31.12.06 paper no 13A/1
P.W.
-10
Pappu Lal
Ext ka -
18
19 Copy
of
confession
statement of Surendra Koli
under section 164 of CrPC
paper
no
72A/
24
P.W. -11 MM
Sri Chandra
Shekhar
Ext ka -
19
156 INDIAN LAW REPORTS ALLAHABAD SERIES

20 Copy of letter from the
Director
of
CDFD,
Hyderabad dated 13-3-07
paper
no
92A/
11

P.W. -12 Dr.
Nandi Naini
Madhusudan
Reddy
Ext ka -
20
21 Copy of receipt of DNA
report by CDFD vide
letter
dated
13-3-2007
paper no 92A/ 12 to17

P.W. -12 Dr.
Nandi Naini
Madhusudan
Reddy
Ext ka -
21
22 Copy of receipt of memo
of various reports by Dr S
Lalvani dated 19-3-2007
paper no 92A/ 12 to 17

P.W. -12 Dr.
Nandi Naini
Madhusudan
Reddy
Ext ka -
22
23 List of collection of blood
samples of various alive
people/ claimants paper no
92A/
28
to
30

P.W. -12 Dr.
Nandi Naini
Madhusudan
Reddy
Ext ka -
23
24 List of DNA profiles of
alive people/
claimants
paper no 92A/ 31 to 36

P.W. -12 Dr.
Nandi Naini
Madhusudan
Reddy
Ext ka -
24
25 Copy of report of DNA
profiles of alive people/
claimants tallied with the
DNA profiles of dead
bodies page no 92A/ 37 to
45

P.W. -12 Dr.
Nandi Naini
Madhusudan
Reddy
Ext ka -
25
26 Copy of Idefication(sic)
paper
no
92/46

P.W. -12 Dr.
Nandi Naini
Madhusudan
Reddy
Ext ka -
26
27 Copy of FIR no registered
at Sector 20, Noida dated
30.12.06 paper no 83/ 1 to
3

P.W.
-14
Gangadhar
Sharma
Ext ka -
27
28 Copy of letter by CJM,
Gautambuddha Nagar to
Director FSL, Gujarat for
narco test, lie detector test
of accused Surendra Koli
dated 3.1.07 paper no 79 A
P.W. -15 Dr.
SL Vaya
Ext ka -
28
29 Copy of letter of assent by
Surendra Koli for narco
test dated 8.1.07, paper no
80A
P.W. -15 Dr.
SL Vaya
Ext ka -
29

30 Copy of letter of assent by
Surendra Koli for narco
test dated 9.1.07, paper no
81A

P.W. -15 Dr.
SL Vaya
Ext ka
- 30
31 Copy of letter sent by
MSNL,
Gandhi
Nagar,
Gujarat to CJM, Gautam
Buddha Nagar in context
of the reports of accused
Surendra
Koli
and
Moninder Singh pandher
dated 2-1-07 paper no
28A/
1
to
120

Psychological Assessment
Report of Moninder Singh
Pandher & Surender Koli
dated
11.09.07

Polygraph
Report
of
Moninder Singh Pandher
and Surender Koli dated
11.09.07

Narco Analysis Report of
Moninder Singh Pandher
and Surender Koli dated
11.09.07

Brain
Electrical
Oscillation
Signature
Profile
Report
of
Moninder Singh Pandher
and Surender Koli dated
11.09.07

Comprehensive
Forensic
Report dated 11.09.07
P.W. -15 Dr.
SL Vaya
Ext Ka
- 31

Ext Ka
- 31/1

Ext Ka
- 31/2

Ext Ka
- 31/3

Ext Ka
- 31/4

Ext Ka
- 31/5
32 Identification form of Jatin
Sarkar, CDFD Hyderabad
paper no 92A/ 47 and the
copy of Letter from FSL
addressed
to
CJM,
Gautambuddha
Nagar
dated 22-1-07 paper no
83A
P.W.
-16
Gaurav
Verma
Ext ka -
32
33 Identification
form
of
Bandana Sarkar CDFD
Hyderabad
paper
no
92A/48
P.W.
-16
Gaurav
Verma
Ext ka -
33
34 Identification
form
of
Sonu
Sarkar
CDFD
Hyderabad
paper
no
92A/47
P.W.
-16
Gaurav
Verma
Ext ka -
34
10 All. Surendra Koli Vs. State through C.B.I.
157
35 Copy of recovery memo
of knife dated 11-1-07
paper no 16A/1
P.W.
-17
Durga Prasad
Ext ka -
35
36 Copy of order by CJM
Ghaziabad dated 07-4-07
for
identification
of
articles by the family
members paper no 90A
P.W. -18 Smt
Sapna
Mishra,
JM
CBI
Ext ka -
36
37 Copy of letter sent by
DIG,
UP
Police
to
Director FSL Agra dated
3-1-07 for sending a team,
paper no 27 A/12
P.W. -19 AK
Mittal
Ext ka -
37
38 Copy of letter dated 3.1.07
sent by joint Director, FSL
Agra
to
AK
Mittal,
Assistant Director FSL,
Agra ordering for site
inspection paper no 27A/
11
P.W. -19 AK
Mittal
Ext ka -
38
39 Copy of order of Assistant
Director FSL, Agra to
form a team for the
inspection of D-5 Kothi
dated 20-1-07 page no
27A/10
P.W. -19 AK
Mittal

Ext ka -
39
40 Report of the proceedings
regarding
the
articles
recovered
during
the
inspection of D-5 done by
FSL, Agra on 4-1-07 paper
no 27A/ 5 to 7
P.W. -19 AK
Mittal
Ext ka -
40
41 Copy of the report of the
proceedings regarding the
articles recovered during
the inspection of D-5 done
by FSL, Agra on 6-1-07
paper no 27/A 8 to 9
P.W. -19 AK
Mittal
Ext ka -
41
42 Copy of the letter sent by
Assistant Director FSL,
Agra
to
SSP,
Gautambuddha
Nagar,
paper no 27A/2
P.W. -19 AK
Mittal
Ext ka -
42
43 Copy of the letter from
CJM,
Gautambuddha
Nagar to SFL dated 4-1-7,
Agra for examining the
questionnaire, paper no
23A/1
P.W. -19 AK
Mittal
Ext ka
- 43
44 Copy of the letter from
SP/CBI to Director FSL,
Agra regarding returning
of
the
material
dated
12.1.07, paper no 25A/1
P.W. -19 AK
Mittal
Ext ka -
44
45 Copy of the letter dated
1.2.07 from SP/CBI to
P.W. -22 Dr.
Rajendra
Ext ka -
45
Director FSL, New Delhi
regarding sending of the
articles/items
for
examination
paper
no
45A/ 1 and 2
Singh
46 Copy of the report from
CFSL,
New
Delhi
to
SP/CBI sent on 15.3.07,
paper no 69A/ 1 to 7
P.W. -22 Dr.
Rajendra
Singh
Ext ka -
46
47 Copy of the report of the
AIIMS
regarding
arms
dated 23.8.07 paper no 73
Kha/ 3 to 25
P.W. -22 Dr.
Rajendra
Singh
Ext ka -
47
48 Copy of the report of the
AIIMS
regarding
arms
dated 23.8.07 paper no 73
Kha/
26
to
28
Drawings
of
Weapon
Drawings
of
Weapon
Drawings of Weapon
P.W. -22 Dr.
Rajendra
Singh
Ext ka
-
48

Ext ka
- 48/1
Ext ka
- 48/2
Ext ka -
48/3
49 Copy of the letter from Dr
TD Dogra, HoD AIIMS to
SP/CBI regarding expert
opinion about the arms
dated paper no 73Kha/2
P.W. -22 Dr.
Rajendra
Singh
Ext ka -
49
50 Copy of property seize
register paper no 114 kha/
1 to 79 and original
recovery memo of slipper,
clothes etc of A dated
29.12.06 paper no 19A/1
P.W.
-23
Ramesh
Haldhar and
PW - 29 S.I.
Jagat
Singh
Bisht
Ext ka -
50
51 Copy of issue register of
CBI
Maalkhana,
New
Delhi, paper no 113 kha/ 1
to 26
P.W.
-29
Jagat
Singh
Bisht
Ext ka -
51
52 Copy of the forwarding
letter dated 19.2.07 sent
from CFSL, New Delhi to
SP/CBI
regarding
lie
detector report paper no
54 A/1
P.W. -30 SK
Chaddha
Ext ka -
52
53 The
copy
of
the
lie
detector report dated 15-22007 submitted by CFSL,
New Delhi paper no 54 A/
2 to 12
P.W. -30 SK
Chaddha
Ext ka -
53
54 Copy of report no CFSL -
2007/B
-
0088
dated
16.3.07 page no 56A/ 1 to
2
P.W. -30 SK
Chaddha
Ext ka -
54
55 Copy of the report no
CFSL
-
2007/B-0088
dated 12.3.07 addressed to
P.W. -30 SK
Chaddha
Ext ka -
55
158 INDIAN LAW REPORTS ALLAHABAD SERIES
SPCBI, paper no 58A/1 to
2.
56 Copy of the report no.
CFSL
-
2007/B-0088
dated 28.2.07, paper no
59A/1 to 2, addressed to
SPCBI.
P.W. -30 SK
Chaddha
Ext ka -
56
57 Copy of the report no
CFSL
-
2007/B-0088
dated 16.03.07, addressed
to SPCBI, paper no 59A/1
to 2.
P.W. -30 SK
Chaddha

Ext Ka
- 57
58 Copy of the report no.
5/07 of serology division,
SFSL, Delhi, dated 8-307, paper no 68/1 and 2
P.W. -30 SK
Chaddha
Ext Ka
- 58
59 Copy of the report No.
CFSL
-
2007/B-0088
dated 16.3.07 addressed to
SPCBI, paper no 70A/1 to
2
P.W. -30 SK
Chaddha
Ext ka
- 59
60. Copy of report No. FSL-
2007/B-
0088
dated
08.03.07
of
serology
division, C.F.S.L. Delhi,
Paper no. 71A/1.
P.
W.-30,
S.K.
Chaddha
Ex. Ka60
61 Copy
of
Ration
card
register,
paper
no.-
176Kha/3
P.
W.-32,
Shiv Kumar
Tyagi
Ex. Ka61
62 Copy
of
affidavit
of
Surnedra Koli for ration
card. Paper no. 176Kha/4.
P.
W.-32,
Shiv Kumar
Tyagi
Ex. Ka62
63 Memo
of
Production/seizure
dated
12.03.07,
paper
no.
176Kha
P.
W.-32,
Shiv Kumar
Tyagi
Ex. Ka63
64 Copy
of
Malkhana
Register of C. B. I., paper
no.- 185Kha
P. W.-35, S.I.
Ramkishan
Atri
Ex. Ka64
65 Original copy of seizure
memo dated 15.01.07 of
Inspector
Layakram
in
relation
to
take
two
photograph of A Sarkar,
Paper No. 9A/1
P.
W.-36,
Inspector
Layakram
Ex. Ka65
66 Copy
of
disclosure
statement of the accused
Surendra Koli in relation
to murder of L, A, Paper
No. 29A/1
P.W.-37,
A.
S. I.- R. P.
Sharma
Ex. Ka66
67 Copy of the site-map of
ground floor of D-5 Kothi,
Paper no. 36A/1 and 2
P. W.-37, A.
S. I.- R. P.
Sharma
Ex. Ka67
68 Copy
of
the
letter
dispatched
to
C.B.I.
Director dated 24.01.2007
by S.P. C.B.I. in relation to
opinion
about
clothes,
Paper No. 55A/1.
P. W.-38, V.
K. Mahapatra
Ex. Ka68
69 Copy of report No. F.S.L.-
2007/B-0081
dated
08.03.07
of
Serology
division, C.F.S.L. Delhi,
Paper No. 61A/1
P. W.-38, V.
K. Mahapatra
Ex. Ka69
70 Copy of report No. F.S.L.-
2007/B-0081 dated 8.3.07
of biological division of
Delhi, Paper No. 61A/1
and
copy
of
F.S.L.-
2007/B-0081
dated
16.3.07, Paper No. 62A/1
to 3
P. W.-38, V.
K. Mahapatra
Ex. Ka70
71 Copy of report no. F.S.L.-
2007/B-0124
dated
08.03.07
of
biological
division of Delhi, Paper
No.-61A/1 and copy of F.
S. L.-2007/B-0081 dated
16.3.07, Paper No. 65A/1
to 6
P. W.-38, V.
K. Mahapatra
Ex. Ka71
72 Copy of X-ray report
dated 5.2.07 in relation to
biological determination,
paper no. 52A/1 to 81
P. W.-39, Dr.
Chitranjan
Behra
Ex. Ka72
73 Original site-map prepared
by Police on 1.1.07 in
reference
to
recovered
articles
related
to
the
deceased A Sarkar, Paper
No.- 20A/1.
P.
W.-40,
Dinesh
Yadav
Ex. Ka73
74 Copy of site-map prepared
by police on 6.01.07 in
relation to recovery of
bones and clothes, Paper
No.-21A/1.
P.
W.-40,
Dinesh
Yadav
Ex. Ka74
75 Copy
of
Site-map
prepared by police on
6.01.07
in
relation
to
recovery of knife, Paper
No.-17A/1.
P.
W.-40,
Dinesh
Yadav
Ex. Ka75
76 Copy of letter sent by S.O.
Dinesh
Yadav
to
D.I.G./C.I. dated 24.01.07,
Paper No. 26A/1
P.
W.-40,
Dinesh
Yadav
Ex. Ka76
77 Copy of site-map prepared
by police on 01.01.07 in
relation to recovery of the
deceased L's Purse and
SIM, Paper No. 15A/1
P.
W.-40,
Dinesh
Yadav
Ex. Ka77
10 All. Surendra Koli Vs. State through C.B.I.
159
78 Copy of letter sent to
F.S.L. Agra by C.J.M.
Gautam Buddha Nagar on
4.1.07
for
chemical
examination, Paper No.
42A/2 to 5
P.
W.-40,
Dinesh
Yadav
Ex. Ka78
79 Copy
of
order
dated
28.2.07
passed
by
A.C.M.M. Patiala House
Court Delhi, Paper No.
208Kha/2.
P. W.-41, M.
S. Fartyal
Ex. Ka79
80 Copy of application dated
28.2.07 submitted by I.O.
for recording the statement
under section 164 Cr.P.C.,
Paper No. 209Kha/1.
P.W.-41, M.
S. Fartyal
Ex. Ka80
81 Copy of application given
by the accused Surendra
Koli
to
S.P./C.B.I.to
record
the
statement,
Paper No. 210Kha.
P. W.-41, M.
S. Faryatal
Ex. Ka81
82 Copy
of
order
dated
01.3.07
passed
by
A.C.M.M. Patiala House
Court Delhi, Paper No.
211Kha/3.
P. W.-41, M.
S. Faryatal
Ex. Ka82
83 Copy
of
order
dated
01.3.07
passed
by
A.C.M.M. Patiala House
Court Delhi, paper no.-
212Kha.
P. W.-41, M.
S. Faryatal
Ex. Ka83
84 Copy
of
order
dated
02.3.07
passed
by
A.C.M.M. Patiala House
Court Delhi, Paper No.
213Kha.
P. W.-41, M.
S. Faryatal
Ex. Ka84
85 Copy of F.I.R. No. 2(s)/07
under sections 364, 376,
302, 201 of IPC dated
10.01.07, Paper No. 6A/1
to 7.
P.
W.-43,
Nirbhay
Kumar
Ex. Ka85
86 Copy
of
letter
dated
12.1.07 sent by J.D./F.S.L.
to S.P./C.I. In relation to
returning
the
articles
related the case, Paper no.
25A/2 and 3.
P.
W.-43,
Nirbhay
Kumar
Ex. Ka86
87 Original
seizure
memo
dated 13.1.07 of F.I.R. in
case diary by Deputy S.P.,
A.G. Kaul in Crime no.
1025, Paper No. 35A/1.
P.
W.-43,
Nirbhay
Kumar
Ex. Ka87
88 Copy
of
letter
dated
14.1.07
addressed
to
Director of AIIMS by
S.P.C.B.I.
for
forensic
P.
W.-43,
Nirbhay
Kumar
Ex. Ka88
examination
of
bones,
Paper No.- 40A/2.
89 Copy of details of material
recovered from D-5 ,
Sector-31
enclosure-1,
dated 14.1.07, is Paper
No. 40A/3 to 8.
P.
W.-43,
Nirbhay
Kumar
Ex. Ka89
90 Copy
of
letter
dated
16.1.07
addressed
to
Director of AIIMS by
S.P.C.B.I.
for
forensic
examination
of
bones,
paper no.- 41A/1 to 8.
P.
W.-43,
Nirbhay
Kumar
Ex. Ka90
91 Copy
of
letter
dated
17.01.07
addressed
to
Director of AIIMS by
S.P.C.B.I.
for
forensic
examination
of
bones,
Paper No. 42A/1.
P.
W.-43,
Nirbhay
Kumar
Ex. Ka91
92 Copy
of
letter
dated
17.1.07
addressed
to
Director of AIIMS by
S.P.C.B.I.
for
forensic
examination
of
bones,
Paper No. 43A/1 to 2.
P.
W.-43,
Nirbhay
Kumar
Ex. Ka92
93 Copy
of
letter
dated
20.1.07
addressed
to
Director of AIIMS by
S.P.C.B.I.
for
forensic
examination
of
bones,
Paper No. 44A/1 to 3.
P.
W.-43,
Nirbhay
Kumar
Ex. Ka93
94 Copy of list of seizure
memo
of
recovered
articles from D-5 , sector31
enclosure-1,
dated
1.2.07,
is
Paper
No.
45A/3.
P.
W.-43,
Nirbhay
Kumar
Ex. Ka94
95 Copy of application dated
20.3.07
dispatched
to
Director of AIIMS by
S.P.C.B.I. to seek the
opinion, Paper No. 73A/1
to 2.
P.
W.-43,
Nirbhay
Kumar
Ex. Ka95
96 Copy
of
questionnaire
enclosure-1 dated 20.3.07
prepared
by
Nirbhay
Kumar A.S.P./C.B.I.
to
seek
the
opinion
of
experts, paper no.-73A/3.
P.
W.-43,
Nirbhay
Kumar
Ex. Ka96
97 Copy
of
questionnaire
enclosure-5 dated 1.2.07
prepared
by
Nirbhay
Kumar A.S.P./C.B.I.
to
seek the forensic opinion,
paper no.-45A/14 to 19.
P.
W.-43,
Nirbhay
Kumar

Ex. Ka97
160 INDIAN LAW REPORTS ALLAHABAD SERIES
98 The charge-sheet filed by
the investigating officer of
C.B.I., paper no.- 4A/1 to
24.
P.W.-43,
Nirbhay
Kumar
Ex. Ka98
99 Copy of receipt memo
dated 19.1.07 prepared by
Inspector
Prasad
Shrivastava, paper
no.-
79A/1 to 7.
P.W.-43,
Nirbhay
Kumar
Ex. Ka99
10
0
Copy of receipt/seizure
memo
dated
20.1.07
prepared
by
Inspector
C.B.I. Ajay Singh, paper
no.-80A/1.
P.W.-43,
Nirbhay
Kumar
Ex. Ka100
10
1
Copy of receipt/seizure
memo
dated
20.1.07
prepared
by
Inspector
C.B.I. Ajay Singh, paper
no.-81A/1.
P.
W.-43,
Nirbhay
Kumar
Ex. Ka101
10
2
Copy of receipt/seizure
memo
dated
19.3.07
prepared by D.S.P., C.B.I.
U.K. Goswami, paper no.-
47A/1.
P.W.-43,
Nirbhay
Kumar
Ex. Ka102
10
3
Copy of G.D. no. 25 dated
29.12.06 of P.S.- Sector20, Noida, paper no.-
256Kha/4.
P.W.-44,
Rajveer
Singh
Ex. Ka103
10
4
Copy of G.D. no. 43 dated
29.12.06 of P.S.- Sector20, Noida, paper no.-
256Kha/7.
P.W.-44,
Rajveer
Singh

Ex. Ka104
10
5
Copy of G.D. no. 49 dated
29.12.06 of P.S.- Sector20, Noida, paper no.-
256Kha/8.
P.W.-44,
Rajveer
Singh
Ex. Ka105
10
6
Copy of G.D. no. 6 dated
30.12.06 of P.S.- Sector20, Noida, paper no.-
256Kha/10.
P.W.-44,
Rajveer
Singh
Ex. Ka106
10
7
Copy of G.D. no. 12 dated
30.12.06 of P.S.- Sector20, Noida, paper no.-
256Kha/22.
P.W.-44,
Rajveer
Singh
Ex. Ka107
10
8
Copy of G.D. no. 26 dated
30.12.06 of P.S.- Sector20, Noida, paper no.-
256Kha/37.
P.W.-44,
Rajveer
Singh

Ex. Ka108
10
9
Copy of G.D. no. 35 dated
31.12.06 of P.S.- Sector20, Noida, paper no.-
256Kha/39.

P.W.-44,
Rajveer
Singh

Ex. Ka109
11
0
Copy of G.D. no. 43 dated
31.12.06 of P.S.- Sector20, Noida, paper no.-
256Kha/40.
P.W.-44,
Rajveer
Singh
Ex. Ka110
11
1
Copy of G.D. no. 25 dated
06.1.07 of P.S.- Sector-20,
Noida,
paper
no.-
256Kha/47.
P.W.-44,
Rajveer
Singh
Ex. Ka111
11
2
Copy of G.D. no. 44 dated
06.1.07 of P.S.- Sector-20,
Noida,
paper
no.-
256Kha/50.
P.
W.-44,
Rajveer
Singh
Ex. Ka112
11
3
Copy of G.D. no. 48 dated
06.1.07 of P.S.- Sector-20,
Noida,
paper
no.-
256Kha/51.
P.W.-44,
Rajveer
Singh
Ex. Ka113
11
4
Copy of G.D. no. 30 dated
11.1.07 of P.S.- Sector-20,
Noida,
paper
no.-
256Kha/59.
P.W.-44,
Rajveer
Singh
Ex. Ka114
11
5
Copy of G.D. no. 44 dated
12.1.07 of P.S.- Sector-20,
Noida,
paper
no.-
256Kha/66.
P.W.-44,
Rajveer
Singh
Ex. Ka115
11
6
Copy of G.D. no. 34 dated
12.1.07 of P.S.- Sector-20,
Noida,
paper
no.-
256Kha/69.
P.W.-44,
Rajveer
Singh
Ex. Ka116
11
7

Copy
of
report
of
inspection of Kothi no. D5 Noida dated 20.1.07
submitted by F.S.L. Agra,
paper no.-27A/3 to 4.
P.W.-19, Dr.
A. K. Mittal
Ex. Ka117
11
8
Copy of receipt memo
dated 20.1.07 of articles
received from Sector-20,
Noida
by
Prasad
Shrivastava, paper
no.-
55A/2 to 4.
P.W.-45, S. I.
Surendra Pal
Singh
Ex. Ka118

Oral evidence of prosecution

21. Oral evidence in the form of
testimony of prosecution witnesses are
adduced by the prosecution in support of its
case. Description of prosecution witnesses,
as also the substance of their testimony, are
extracted hereinafter:-

PW.
No.
Name
Role
10 All. Surendra Koli Vs. State through C.B.I.
161
1
Anita
Haldar
Purnima's mother.