IMTIYAZ MURTAZA,J. - (1.) THIS compos­ite appeal has been preferred by the ap­pellants from Jail against the judgment, and order dated 13-2-2009 passed by Addl. Sessions Judge/Special Judge (Anti Corruption) U.P. Ghaziabad in Special Sessions Trial No. 611 of 2007 whereby the appellant Moninder Singh Pandher has been convicted under Section 302 I.PC. read with Section 120-B I.P.C. and sen­tenced to penalties of death and a fine of Rs. 50,000. The appellant has also been convicted under Section 364, I.P.C. read with Section 120-B, I.P.C. and sentenced to undergo imprisonment for life and a fine of Rs. 20,000 and in default of payment of fine, he has been directed to undergo further imprisonment for two years. Again, the trial Court convicted the appellant un­der Section 376, I.P.C. read with Section 120-B, I.P.C. and sentenced to undergo imprisonment for seven years and a fine of Rs. 20,000 and in default of payment of fine, he has been directed to undergo further imprisonment for one and half year. The appellant has also been convicted under Section 201, I.P.C. read with Sec­tion 120-B, I.P.C. and sentenced to un­dergo R.I. for seven years and a fine of Rs. 20,000 and in default of payment of fine, he has been directed to undergo fur­ther imprisonment for one and half year.
(2.) IN so far as appellant Surendra Koli is concerned, the trial Court recorded con­viction against him under Section 302, I.P.C. and sentenced him to penalty of death together with a fine of Rs. 50,000. The appellant has also been convicted under Section 364, I.P.C. and sentenced to undergo imprisonment for life and a fine of Rs. 20,000 and in default of payment of fine, he has been directed to undergo further imprisonment for two years. The trial Court also recorded conviction against the appellant under Section 376, I.P.C. read with Section 511, I.P.C. and on this count he has been sentenced to undergo R.I. for seven years and a fine of Rs. 20,000 and in default of payment of fine, he has been directed to undergo further imprisonment for one and half year. The appellant has further been convicted un­der Section 201, I.P.C. and sentenced to undergo R.I. for seven years and a fine of Rs. 20,000 and in default he has been directed to undergo further imprisonment for one and a half year. Brief facts shorn of background and frills are set out as under:
(3.) SEVERAL children had gone missing in and around the area in quick succes­sion and there were reports galore made by respective relations/parents about missing of their children from Sector 31, Noida and Nithari village, Gautam Budh Nagar from the year 2005 onwards. On 20-7-2005, a written complaint was made by one Anil Haldar about missing of his daughter Rimpa Haldar at Police Station Sector 20 NOIDA and the said report was entered in the General Diary. Another girl Payal also mysteriously disappeared and on the complaint made by Nand lal, the father of missing girl, the Chief Judicial Magistrate Gautam Budh Nagar ordered registration of First Information Report. In observance of the order of Chief Judicial Magistrate, a case at case crime No. 838 of 2006 was registered at P.S. Sector 20, NOIDA, under Sections 363, 366, I.PC. about missing of Payal. It would appear that upon being approached on judicial side, the High Court issued certain im­perative directions in the matter pursuant to which the pace of investigation of the said case was accelerated and the inves­tigation was entrusted to Ramesh Bharti C.O. City Gautam Budh Nagar. However, on 27-11-2006, Ramesh Bharti Investigat­ing Officer was supplanted by Dinesh Yadav, Dy. S.P. (herein arrayed as PW. 35) ostensibly on the basis of the order passed by Supdt. of Police G.B.Nagar. The Investigating Officer, it would appear, constituted a special team of officers to assist him. During investigation of case crime No. 838 of 2006, Surendra Koli (hereinafter referred to as A-2) was taken into custody on 29-12-2006. On interro­gation, A-2 spilled the beans and con­fessed to have killed Payal and after her murder, her body was stated to have been chopped into thin pieces in house No. D-5 Sector 31, NOIDA (hereafter referred to as "D-5") and her head and slippers were thrown in the enclosed gallery at the back of D-5. He also confessed to have slain various woman and children in the same manner and threw the body-parts in the enclosed gallery at the back of the house and in the Nala which flowed in front of D-5. A-2 is also alleged to have volunteered to lead the police team to specific spot where he had kept the aforesaid articles/portions of the bodies hidden. The Police party reached D-5 alongwith A-2 Surendra Koli. On his pointing out, 15 skulls and bones were recovered from D-5 in the presence of witnesses Pappu lal and Ram Kishan. Recovery memo Ex. Ka-23 was prepared on his dictation by S.I. Chote Singh (herein arrayed as P.W. 39). Recovery Memo of the recovery aforesaid is Ex. Ka-23. On 29-12-2006, on the point­ing out of A-2, a knife was recovered in the water tank of a bath-room on the firs floor of D-5 and its recovery memo Ex. Ka-24 was prepared. On 31-12-2006, dur­ing the scooping of drain flowing in front of D-5, bones and Chappals were recov­ered and recovery memo Ex. Ka-25 was prepared. A site plan was also prepared which was marked as Ex. Ka-86. On 11-1-2007, on the pointing out of A-2 another knife was recovered and its recovery memo was prepared in the presence of witnesses Jhabbu lal and Durga Prasad, which is marked as Ex. Ka-58.;