MONINDER SINGH PANDHER Vs. C B I , DELHI

JUDGEMENT

(1.) HEARD Sri R. S. Sodhi, learned Senior Counsel assisted by Ms. Manisha Bhandari, Sri Omkar Srivastava and Virendra Kumar Maurya, Advocates for the applicant and Sri N. I. Jafri, learned counsel for the Central Bureau of Investigation (in short CBI).

(2.) AS per prosecution version, several children of Nithari village and Sector 31, Noida, District Gautam Buddh Nagar had gone missing. Some persons made complainat in this regard to the Police and at least one person invoked the jurisdiction of Chief Judicial Magistrate, Gautam Buddh Nagar under Section 156(3) Cr.P.C. It appears that this High Court also issued certain directions on judicial side in this regard. Initially, investigation was conducted by local police and thereafter investigation was entrusted to CBI.

(3.) DURING investigation of one of these cases, co -accused Surendra Koli was taken into custody. On interrogation, he allegedly confessed to have assassinated some women and children. Their bodies were stated to have been chopped into thin pieces in the house No. D -5, Sector 31, Noida (in short House No. D -5) and body parts, clothes and slippers were stated to have been thrown into back gallery as well as in the drain (Nala) flowing nearby. It is stated that several skulls and bones were recovered from the house No. D -5 at the instance of co -accused Surendra Koli. A knife was also allegedly recovered in the same manner from the water tank of bathroom and some bones and slippers were also found in the drain flowing nearby. As news spread about the recoveries, parents and family members of missing persons came forward and one Karamveer also lodged an FIR on 30.12.2006 regarding his missing daughter Madhu alleging that applicant Moninder Singh Pandher and his servant co -accused Surendra Koli had lured his daughter to house No. D -5 and after subjecting her to rape had murdered and buried her behind the house. He claimed to have recognised clothes of deceased daughter stated to have been recovered during search.