(1.) Accused appellant Surendra Koli S/o Shankar Ram Koli (hereinafter referred to as 'SK') has been tried in Sessions Trial No. 850 of 2007, arising out of CBI FIR No. RC 10(S)/07-SCBI/DLI, under Ss. 302, 364, 376 r/w 511, 201 IPC and convicted in the aforesaid Sec. vide judgment dtd. 12/5/2010. He is sentenced to death under Sec. 302 IPC with a direction to hang the accused till death, subject to confirmation by the High Court; life rigorous imprisonment alongwith Rs.1,000.00 fine under Sec. 364 IPC; 07 years rigorous imprisonment alongwith Rs.1,000.00 fine under Sec. 376 r/w 511 IPC and seven years rigorous imprisonment alongwith fine of Rs.1,000.00 under Sec. 201 IPC. Default sentence has also been awarded for non-payment of fine of six months under Ss. 302, 364, 376 r/w 511 and 201 IPC, each.
(2.) The court of sessions has forwarded the judgment dtd. 12/5/2010, alongwith lower court records, for confirmation of death sentence under Sec. 366 Cr.P.C. The confirmation proceedings have been registered as Reference Case No. 07 of 2010. Jail Appeal is also filed by accused SK, which is registered as Capital Criminal Appeal No. 4196 of 2010. The reference proceedings and the capital criminal appeal arising out of the same judgment dtd. 12/5/2010 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.
(3.) Nithari is a village abutting Sector-31 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 7/5/2006 and a complaint was lodged with Police Station Sector-20, Noida. An application under Sec. 156(3) Cr.P.C. was filed by the informant on 24/8/2006 against Moninder Singh and 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 27/9/2006. It is pursuant to this direction that Case Crime No. 838 of 2006 was registered at Police Station - Sector-20, NOIDA, under Sec. 363, 366 IPC on 7/10/2006.
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