DR.

RAM MANOHAR LOHIYA NATIONAL LAW

INDIAN PENAL CODE

FINAL DRAFT ON:

NITHARI MASSACRE

Submitted To: Submitted By:

Mr. Malay Pandey Nivedita Singh

Asst. Professor (LAW) B.A.,LL.b (Hons.)

Dr.Ram Manohar Lohia IVth semester

National Law University Roll no: 97

Thanks and appreciation to my family members for their constant support, to the library
staff and other members of this institution and lastly to my friends for their help.
OBJECTIVE

 To critically analyse the issue of serial killing in India.

RESEARCH METHODOLOGY
The research methodology for this project will be doctrinal under which various primary and
secondary sources would be used to serve the purpose of the project. I will adopt the methods of
analytical study to undergo the research for the project.
 TABLE OF CONTENTS

 ACKNOWLEDGEMENT
 OBJECTIVE
 RESEARCH METHODOLOGY
 NAME OF THE CASE
 NAME OF PARTIES
 BENCH
 DATE OF JUDGEMENT
 INTRODUCTION
 NITHARI MASSACRE (OVERVIEW OF THE CASE)
 CONVICTION
 ACQUITTAL
 JUDGEMENT
 CRITICAL ANALYSIS
 IS DEATH PENALITYJUSTIFIED IN THIS CASE?
 CONCLUSION
 BIBLIOGRAPHY
 NAME OF THE CASE

SURENDRA KOLI V STATE OF UTTAR PRADESH AND OTHERS1

PARTIES

APPELLANT:

Surendra Koli

RESPONDENT:

State of Uttar Pradesh

COURT NAME

Supreme Court of India.

BENCH

There were 2 judges in this bench namely:

Markandey Katju, Gyan Sudha Misra

DATE OF JUDGMENT

15 FEBRUARY, 2011

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INTRODUCTION

Serial murder, additionally called serial killing, the unlawful crime of no less than two
individuals, completed in an arrangement over a timeframe. Despite the fact that this definition
was built up in the United States, it has been to a great extent acknowledged in Europe and
somewhere else, however the wrongdoing is not formally perceived in any legitimate code,
including that of the United States. Serial murder is recognized from mass murder, in which a
few casualties are killed in the meantime and place.

According to the Nithari case (2006) throughout the previous two years more than forty youthful
youngsters and ladies disappeared from a little urban village of Nithari, at the focal point of
Noida, a satellite town flanking Delhi (India). The neighborhood media consistently secured the
episodes of missing kids; the National women’s commission of India additionally took
discernment of the matter yet the youngsters kept on vanishing in thin air. In the most recent
week of the December 2006, by sheer possibility some human remains were spotted at the
terrace of a palatial house arranged at the edge of the town of Nithari. At the point when the spot
was sought further what rose was a chilling story of heartless serial murders that maybe qualify
as the greatest serial killings anyplace on the planet?

By the night of 28 Dec 2006 the poor villagers of the Nithari came to know why there were such
a variety of police staff and TV at the edge of the passage of the street that prompted the town.
The police had found upwards of eight human skeletons from the lawns of a forcing white
cottage that remained on the left half of the street. The house had a place with an industrialist
Moninder Singh Pandher, who owns spare part instrument factories. The group outside the cabin
looked apparently numb as police enlisted specialists started seeking the drain before the house
for more human remains.

Upwards of 38 individuals vanished from the Nithari town throughout the previous two years.
These included generally youngsters, greater part of them female. However there were adults too
who disappeared. The poor families who had sought after their dear ones to return home looked
discouraged. Their agony expanded with the gradually sinking news that their withdrew ones
could be killed and arranged off as was clear from the rising human skeletons from the terrace
and deplete outside the house.

The kids started vanishing throughout the previous two years. The guardians would approach the
police post scarcely two hundred meters away. There they would be shoed away; their grumbling
would not be enlisted, the individuals who persevered would be coordinated to the police
headquarters in segment 20 around ones kilometer away. In the police headquarters the principal
address that would be asked of the guardians by the police faculty was `are you an inhabitant or
have your own particular house in the town?'
The purpose behind asking the previously mentioned question to the guardians by the police to
those whose wards disappeared was to gage the monetary state of the complainant and potential
for conceivable group weight that may take after if a formal grumbling is not stopped by the
police. It might be specified that one youngster whose guardians claim a home in the town
vanished from the town two years back. He was the child of one Ashok Kumar. The villagers
had stuck the street for a day then and the police was compelled to register an FIR. If there
should be an occurrence of the rest there was no FIR, and along these lines no activity.

On got notification from the guardians that they were poor, living on a rented accommodation
and were requesting police help with discovering their child not as an issue of right but rather as
a token of kindness, the police first would disregard them; the individuals who waited would be
manhandled and requested to leave the police headquarters. The individuals who demanded
enrolling the grievance would be even beaten up. According to the guidelines, however the
police should register a case on a missing child on the off chance that he/she is not traced within
24 hours. All things considered the will be presumed to be obvious in view that the child has
been kidnapped. Be that as it may, on account of Nithari's poor police neither made utilization of
rulebook nor common sense.

So there was no report enrolled and no examination. The youngsters since they were the
offspring of hapless poor kept on being tricked, seized, assaulted and slaughtered. The police
detachment to the agony and loss of the dispossessed families was a direct result of a few
reasons. One these individuals were poor and in this way had no valor and certainty to take their
protest additionally up to the senior officers. Their first and the final resort was the nearby police
headquarters. Two they got no solidarity from the neighbors inferable from being transient,
living on a leased house that implied visit change of settlement. Three they got no political
support. The majority of these individuals have no voting rights. They didn't consider electorates.
In this manner they didn't have an unimportant neighborhood political pioneer who could voice
their complaints. Lastly these individuals were illiterate and uninformed with respect to their
common and legitimate rights.
OVERVIEW OF THE CASE

Noida: D-5, Sector 31, Noida is the second keep going house in the city. The white building is
deserted. The deplete turned-street at the back of the house prompts Nithari, a urban town in
Noida. There was nothing observable about that house unless two Nithari inhabitants, in
December 2006, guaranteed that they have seen the remaining parts of the youngsters in the
drain behind the house, who had been absent since numerous days.

Reports of a few kids missing from Nithari transformed into the most frightful serial killings in
India. While various reports were recorded by restless guardians whose youngsters have been
absent from the town, numerous inhabitants guaranteed that they had been over and again
overlooked by nearby specialists.

On December 29, 2006, two Nithari occupants asserted that they speculate Surender Koli, the
household help at D5, had something to do with the vanishings of the youngsters that
disappeared in two years. They looked for help of previous RWA President SC Mishra. Mishra
and the two occupants sought the tank deplete, and one of the inhabitants asserted to have found
a deteriorated hand, after which they called the police. Inhabitants claimed that the police were
degenerate. Moninder Singh Pandher, proprietor of the house, paid off the police everything the
guardians of the missing youngsters never could.

Notably, an FIR had been documented on October 7, 2006 about the missing 20-year-old Payal.
Examinations uncovered that Payal's wireless was being utilized despite the fact that the SIM
card she claimed stayed latent. A rickshaw truck puller confirmed that the telephone had a place
with somebody from the Pandher habitation. After the attestation of the certainties by the
witness, Moninder Singh was called for cross examination, which accordingly uncovered
nothing. His associate and hireling, Surender Koli was additionally gotten when he admitted
executing the lady and dumping her body behind the house. The police began burrowing and
from this time forward recouped the skeletal stays of the missing kids rather than Payal.

Requests were made for an autonomous test into the matter. One of the occupants attested that
the police were asserting credit for finding the bodies when it was the inhabitants who uncovered
them. The police denied having discovered fifteen bodies. The casualties' personalities and
number must be built up with DNA tests. The police then fixed the house and did not permit
news media anyplace close to the scene of wrongdoing. The focal government attempted to
determine the realities behind the revelation of the skeletal remains and whether it had 'between
state repercussions'.

In the wake of mounting weight from the Government of India, the Uttar Pradesh Government
chose to hand over the request to the Central Bureau of Investigation. The notice came after the
Department of Personnel and Training, which represents the CBI, sent a letter to the state
government making a legitimate demand for a test by the office in accordance with the endorsed
standards.2

The two charged were taken to the CBI home office in New Delhi on the night of 11 January
2007; a day prior to the examination was to be exchanged to the Central Bureau of Investigation.
The CBI proceeded with its examination and found three more skulls and human stays at the site
of the serial killings. The agents looked the channels outside the house and observed three skulls,
accepted to be of the kids and a few body parts, including parts of legs, bones, and middle. A few
articles were found that are accepted to have a place with the casualties. The displays were fixed
and sent to scientific labs.

The Central request advisory group that explored the serial killings found genuine slips by with
respect to the police in taking care of the instances of missing people. The reports were
implicating and declared that the neighborhood police flopped in their obligation to react to
grumblings in the course of recent years.

The revelation of a few polythene packs containing parts of human middles drove the examiners
to presume that it was far-fetched that the denounced had connections to illicit organ exchange.
The CBI group found the packs in the channels outside the Pandher living arrangement. In the
wake of examining Surender Koli, they arrived at a by all appearances decision that "he is a
mental case used to complete the killings". Examiners additionally said that it was conceivable
that Pandher had no part to play in the killings. The seized materials were sent to research facility
for posthumous, individualization, and DNA extraction. The materials got from the Uttar
Pradesh police were additionally sent for criminological examination. Some alcohol bottles, a
twofold dashed firearm, cartridges, cell phones, photos, photograph collections and a blood-
colored flame broil were given over to the CBI for broad examination. Preparatory examinations
uncovered that the bones were not over two years of age. The CBI likewise uncovered that
exclusive fifteen skulls had been discovered up to this point, and not seventeen as asserted by the
state police.

A three-part CBI group scrutinized the kinfolk of Surender Koli in the Almora area.

In November 2007, the Supreme Court told the CBI concerning the case about the charge by a
relative of a casualty that the examining organization was attempting to shield Moninder Singh
Pandher, one of the key blamed for the situation.

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CONFESSION OF SURINDER KOLI
After sixty days of police authority, when no extra confirmation could be found against Koli, the
CBI connected to the Magistrate to have Koli's confession recorded (27 February 2007). They
said that Koli had told them that he wanted to admit. Koli was taken before the Additional Chief
Metropolitan Magistrate who facilitated that before the recording of his confession (on which
Koli would be definitely prosecuted and sentenced to death), Koli be offered access to a legal
counselor for five minutes in open court. Starting their Koli was taken before another Magistrate
who recorded his confession. In this confession, Koli gave a clear yet significantly and
profoundly redundant record of how absolutely he pulled in 16 victims (9 female adolescents, 2
male children and 5 grown-up women) into the house, butchered and tried to take part in sexual
relations with the idle bodies, cut and eat their body parts, and a short time later hurled the rest of
the parts at the back of the house and in the deplete of the road. In this same confession, Koli
said that he was instructed by the police to express various things, including the names of the
victims, the method for murdering. He additionally said that the police had tormented him
savagely. This is the entirety of indictment body of evidence against Koli and the confirmation
cited in support of it.

INVALIDITY OF THE CONFESSION

Section 24 of the Indian Evidence Act bars confession on the chance that it seems, by all
accounts, to be has been brought on by incitement, risk or guarantee. The principal lawful
necessity for the suitability of confession is that it ought to be a willful confirmation of guilt. For
this situation, the confession itself states Koli was tortured and mentored. For this circumstance,
the confession itself states Koli was tortured. Under law, an admission must be examined when
all is said in done, and unless the exculpatory part has been conclusively distorted by the
prosecution, it can't be dismissed. It is not passable to simply rely on upon the implicating some
portion of confession and imagine the exculpatory part does not exist. There are incalculable on
this point, including one by an ensured bench of five judges. The Supreme Court has in like
manner held that drawn out police expert going before the making of a confirmation is
satisfactory to check the admission as automatic. An admission, if it is a true blue affirmation of
fault must be made at the soonest point in time or else it will be set out to be actuated by torment.
Koli's confession, which is the primary confirmation for the circumstance against him, is not
worth the paper it is created on. It is uncovered of all evidentiary incentive by the torment which
requires no additional check since it is a bit of a comparative admission which is relied on upon
by the indictment. There was no other affirmation for this circumstance against Koli beside this
gathered confirmation which was made after 60 days in police mind.
THE PERPLEXITY OF THE DNA REPORT

The DNA report, a long way from giving definitive confirmation of Koli's blame, brings up
many disturbing issues. It focuses to the way that not every one of the instances of the missing
children has been clarified. As indicated by the prosecution, they gathered DNA tests from 18
families whose relatives had disappeared. Koli supposedly admitted to slaughtering 16 people
however body parts of 19 victims were discovered which appears to repudiate the confession.
Who slaughtered the other 3 people whose body parts were found? At the point when the DNA
tests of these 18 families were contrasted and the DNA tests removed from the 19 bodies, just 8
matched. Eleven bodies stayed unidentified. Whose would they say they were? How is it that
however Koli's confession records 16 victims, all living in Nithari, 11 bodies stayed unidentified
and their DNA did not coordinate with the DNA taken from the families whose kids had
disappeared? Where are the relatives of these 11 victims whose bodies stayed unidentified?

CONVICTION
On 12 February 2009, both the charged—Moninder Singh Pandher and his domestic servant
Surinder Koli—were found guilty of the 8 February 2005 murder of Rimpa Haldar, 14, by a
special sessions court in Ghaziabad. This decision left the Central Bureau of Investigation (CBI)
red faced, as the CBI had before given a clean chit to Moninder Singh Pandher in all its charge
sheets. Both the accused Moninder Singh Pandher and Surender Koli were given death sentence
on 13 February 2009, as the case was named "rarest of rare". On 4 May 2010, Koli was found
guilty of the 25 October 2006 murder of Arti Prasad, 7, and given a second death sentence eight
days after the fact. On 27 September 2010, Koli was found liable of the 10 April 2006 murder of
Rachna Lal, 9, and given a third death sentence the next day. On 22 December 2010, Koli was
found guilty of the June 2006 murder of Deepali Sarkar, 12, and given a fourth death sentence.
On 15 February 2011, the Supreme Court upheld the death sentence of Surender Koli. On 24
December 2012, Koli was found guilty of the 4 June 2005 murder of Chhoti Kavita, 5, and given
a fifth death sentence. In February 2011, Supreme Court of India had upheld the death sentence.
In July 2014, President of India rejected the mercy petitions filed by 6 convicts. On 3 September
2014 Court issued death warrant against Koli in Nithari case. On night 6:30 of 4 September 2014
Surender Koli was transferred to Meerut Jail as a result of hanging facilities at Dasna Jail,
Ghaziabad. He was to be hanged on 12 September 2014. Supreme Court of India stayed the
death sentence for one week after the appeal was petitioned for same. On 29 October 2014, the
Supreme Court bench headed by the Chief Justice of India H L Dattu rejected death sentence
review petition expressing that the court had not committed any error in the judgment. On 28
January 2015, the High Court bench headed by Chief Justice D Y Chandrachud and Justice P K
S Baghel drove death sentence of Surender Koli to life imprisonment on the ground of
"inordinate delay" in deciding the mercy petition.
ACQUITTAL
On 10 September 2009, the Allahabad high court acquitted Moninder Singh Pandher and
overturned his death sentence. He was not named a main suspect by investigators at first, but
rather was summoned as co-accused during the trial. Pandher confronts trial in five cases out of
the rest of the 12, and could be re-sentenced to death if discovered guilty in any of those killings.
That day Pandher was acquitted, the Allahabad high court maintained death sentence for
Surender Koli, previous residential worker of Pandher.

JUGDGEMENT
Investigations into the case drove the test group into more frightful murders of kids and their
skeletal remains were recovered from a drain neighboring the house where Koli was working in
as a servant in Nithari area of Noida, Uttar Pradesh. Koli was granted death sentence by a lower
court, which was maintained by the Allahabad High Court and affirmed by the Supreme Court
on February 15, 2011 for the murder of Rimpa Halder in 2005. Holding that Koli "gives off an
impression of being the serial killer", the court had said "No mercy can be appeared to him."A
total of 16 cases were enlisted against Koli. His boss Moninder Singh Pandher, who was likewise
sentenced to death in Rimpa Halder case, was acquitted by the Allahabad High Court. Out of 16
cases recorded against Koli, he has been awarded death sentence in five of them up until now
and others are still under trial.

The killings by the appealing party Surendra Koli were alarming and barbaric. He utilized an
unmistakable approach in submitting these killings. He would see little girls going by the house,
and exploiting their shortcoming draws them inside the house no. D-5, Sector 31, Nithari
Village, Noida and there he would strangulate them and in the wake of executing them he
attempted to engage in sexual relations with the body and would then cutoff their body parts and
eat them. Some parts of the body were disposed of by throwing them in the passage gallery and
drain beside the house. Hence holding the realities, the wrongdoing submitted by Surendra Koli
fell inside the classification of rarest of rare situations where death sentence was forced by the
lower courts and also the Supreme Court.3

Confession was made by Surendra Koli before the judge under section164 CrPC. The Supreme
Court was fully complied that it was a willful confession. The Supreme Court opined that the
provisions of Section 164 CrPC had been completely consented to while recording the said
statement. In the previously mentioned statement Surendra Koli conceded in great detail how he
used to slaughter the young ladies in the wake of tricking them inside the House by strangulating
them, and he would then cleave up and gobble up their body parts in the wake of cooking them.

Some body parts, garments and shoes were thrown in the enclosed gallery behind the house. He
volunteered to lead the police group to the particular spot where he had kept the body parts

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covered up. On his indicating out, 15 skulls and bones were discovered, and furthermore a blade
was found from a water tank of a lavatory in D-5, Sector 31. During the scooping of the drain
before D-5, bones and chappals were found. He had given realistic portrayal about the few
killings he has conferred. The confession under Section 164 had been substantiated in material
particulars. Weapons like blade had additionally been discovered. The young girl’s garments had
additionally been distinguished. The litigant was appellant for the murder of Rimpa (among
others), and was found guilty by both the trial Court and High Court.

The Supreme Court observed that the appellant appeared to be a serial killer, and the case fell in
the category of rarest of the rare cases as laid down in Bachan singh Vs State of Punjab, 1982
SCC 6894 which has been subsequently followed in Atbir Vs Government of NCT of Delhi, 2010
SCC (9) 1.5
The Supreme Court held that the killings by the appellant Surendra Koli were horrifying and
barbaric and thus fell within the category of rarest of rare case. The appeal was thus dismissed
and death sentence awarded to Surendra Koli was upheld.

CRITICAL ANALYSIS
The occurrence of Nithari must prompt central government to investigate the condition of
policing in the nation. It must take measures to bring police changes according to the current
Supreme Court guidelines.

As we have the `crime against women' cells there ought to be made a `crime against children' cell
at the district level in all the police headquarters of the nation, particularly in the urban zones
where crime against children are more widespread. This ends up in the light of the UN supported
report that expresses that as many as of 45000 youngsters disappeared in the nation in the year
2004; of these 11000 were never followed.

The extent of the examination by CBI ought to incorporate the part of the police carelessness in
the rate at all levels and the responsibility must be settled, the guilty policemen ought to be
charge sheeted and punished inside a particular day and age so it fills in for instance for future.

The occurrence demonstrates that the establishments like National commission for Women
(NCW) neglected to find a way to stem the hopelessness of the general population. Two visits
from the agent of a national level foundation made to secure the rights of women and did not

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bear any fruit. The establishments must be improved decidedly with the goal that they end up
plainly helpful to the general population.6

According to the reports and statement of the neighborhood individuals the same number of as
more than 40 youngsters disappeared from Nithari. However the CBI has enlisted cases on just
19 cases. CBI must examine every one of the cases and bring the reality of the situation.

IS DEATH PENALITY JUSTIFIED IN THIS CASE?

Notwithstanding the likelihood that one trusts the confession to be legitimate; an uncovered
perusing would demonstrate that Koli needs a specialist more than an executioner. According to
the admission, Koli, a man of high and inflexible ethics with no prior criminal record, would get
significantly annoyed on watching his administrator cutting free with different sex laborers. He
would be torment with musings of 'cut slaughters eat' and notwithstanding his sincere endeavors
at controlling these contemplations they would command his cognizance and assume control
over his being. He would then be transported into some kind of robot state where he would not
understand what he was doing and would have no memory of what he had done. In this state he
would draw his casualties into the house, strangulate them, attempt to participate in sexual
relations with their idle bodies and a short time later on fail to do all things considered, would
kill them. He would then cut the bodies, and eat a bit of the body parts. Only 2-3 hours after this
would his mind twist up obviously calm yet again. By this record, Koli is a significantly irritated
and harmed person who has persevered through a phenomenal game plan to his personality issue.
He may not be crazy as indicated by the farfetched and bygone (1840) models of the
McNaughten Rules fused in area 84 IPC; however he is an evil individual. Not executing
rationally sick individuals is a measure of a general public's advancing norms of respectability.

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CONCLUSION
Nithari occurrence is an impression of the working of the police framework in the extensive
piece of our nation. It highlights the profound established cold-heartedness among police work
force at different levels of the police association. It accepts vile extents when a crime is
conferred against poor individuals.

The occurrence of Nithari delivers in open the criminal carelessness and heartlessness of the
nearby police towards the wrongdoing and the groups of the casualties. Numerous blameless
lives could be spared if the neighborhood police took genuine note of the standard vanishings
from a little urban town of 3500 individuals. In the middle of 7 May 2006 and 10 May 2006
upwards of four individuals including Payal vanished. It is strange that police neglected to see an
example of vanishings.

In two and half years upwards of 9 heads changed as responsible for the nearby police
headquarters under whose locale was Nithari town. In a way nobody felt capable and responsible
for what was going around. Each officer appeared to wait for his chance to offer route to another
to manage the police headquarters that appeared to be keep running at the impulse and favor of
obscure. The police did not make a move in light of the fact that the victims had a place with
poor families. They neither could pay off the police nor apply some other impact to provoke the
police to act against their protest. The groups of the casualties did not get any group bolster since
they were vagrant specialists and did not possess a house in the town. The lower level police
authority's practices with the groups of the casualties were brutal, unfortunate and condemnable.
The senior officers neglected to observe the wrongdoing and flopped wretchedly in their
supervisory and administration obligations.
BIBLIOGRAPHY

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