P. W. No. 35
----------------17.1.80
S.T. No. 611/07
C.B.I. / SurendraKoli
U/s 364, 376, 511 I.P.C.
P.S. Delhi
Name: Dinesh Yadav
Post: Deputy S.P., recently posted P.T.C. Sitapur
Gave the statement under oath that:
In December 2006 I was posted on the post of (kshetraadhikari) City I,
Gautam Buddh Nagar. I was posted from 9th July 2006 to 2nd February
2007 on the post of (kshetraadhikari) City I, Gautam Buddh Nagar. On
the orders of the C.J.M. Gautam Buddh Nagar a case no. 836/ 06 u/s
363, 366 of I.P.C. was registered in the Sector 20 police station for the
disappearance of Payal. The investigation for the case was started by
S.I. Timarjit Kaur. On the orders of the Honorable Allahabad High
Court, the said investigation was transferred to (kshetraadhikari)
Gautam Buddh Nagar serving before me, Ramesh Bharti. The said
investigation was later transferred to me on 27.11.06 on the orders of
the then Senior S.P., Gautam Buddh Nagar. In this I put the S.O.G.
Incharge S.P. Singh, Gajendra Singh, Chhotey Singh and Vinod Pandey
and the then (kshetraadhikari) of Sector 20 police station to help with
the case. During investigation on 29.12.2006, me and the S.O.G team
arrested Surendra Koli, who is present in the court today, and he was
questioned after his arrest. During the questioning after the arrest he
accepting his crime said that he had killed Payal alias Dipika. He further
said that he has concealed her purse, slippers and the knife used as
weapon for committing the crime, and that he can help the recovery of
the same. He further said that he had killed other children of Nithari
also whose skulls he has thrown in the back gallery and whose bodies
he has thrown in the drain. After that the police took Surendra Koli from
the Police Post and took him to D-5, Sector 31 and on whose pointing
out (nishandehi) recovery was done. The witness on seeing document
number Exhibit K-24(क-24) said that on 29.12.06 from underneath the
water tank over the bathroom on the first floor a knife was recovered
upon the statement of Surendra Koli and whose memo was prepared on
the spot which was prepared upon my asking by V.P. Singh and which
I had signed and as witnesses got the signature of Pappu Lal and
Ramesh, which are identified by point A and my signature identified by
Point B. The duplicate of the memo was given to the accused and his
signature for receipt was obtained. The actual memo is in S.T. 439/07
whose correct photocopy is included in this document as Exhibit K-24.
The witness on seeing the Exhibit-3 Knife said this was the same knife
that was recovered upon pointing out of of Surendra Koli.
The witness upon seeing Exhibit K-23, memo recovery said that on
12.09.06 upon the pointing out of Surendra Koli, 15 skulls and bones
were recovered that were recovered in the presence of the witnesses
Pappu Lal and Ram Kishan. The memo was prepared on the spot upon
my directions by S.I. Chhotey Singh. This memo has my and the
witnesses' signature which I identify. The signature of the witness was
identified from Point A. The signature of the witnesses PappuLal and
Ram Kishan is exhibited with Point B. The copy of the memo was given
to the accused and his signature of receipt was obtained. The original
memo in the requested for document is in S.T. No. 439/07 whose
correct photocopy is Exhibit K-23. The skulls and bones are there today
in the court.
The witness upon seeing the Exhibit K-25 memo of recovery of human
bones said that on 31.12.06 from the drain before D-5, upon cleaning,
bones, bangles, slippers, clothes, etc. were recovered. The memo was
prepared on the spot by S.I. S.P. Singh upon my directions in the
presence of Pappu Lal and Ram Kishan. The memo was signed by me
and the witnesses on the spot, which I identify. The signature of witness
was identified by Point A. The original memo in the requested for
document is in S.T. No. 439/07. The correct photocopy of which is
Exhibit K-25. The recovered knife, bones and other things were sealed
separately on the spot.
The witness upon seeing the document no. 92A/1 and 92/2 from the
requested for document S.T. No. 439/07 said that this informal map was
created upon my direction from the spot on the basis of my directions
which is correct from point of .view of the time and has khasra
mentioned. This has my signature, which I identify. The correct
photocopy of which is document 23A/1 and 23A/2 the truth of which I
certify. This was given Exhibit number K-85.
The witness upon seeing the Exhibit K-58, memo for the recovery of
knife said on 11.1.07 the knife was recovered upon the identification
by Surendra Koli. The memo was prepared by S.I. S.P. Singh upon my
directions. I identify my signature on it. The recovery was done in the
presence of witnesses Jhabbu Lal and Durga Prasad. Both of them also
put their signature on the memo in front of me. Jhabbu Lal had put his
thumb impression which is there in Point “B”. The copy of this was
given to the accused and his signature of receipt was obtained. The
original is included in S.T. No. 439/07.
With the permission of the court the sealed packet was opened in the
court but only one knife was found in it which is Exhibit 32. This is the
knife that was recovered from the spot. Upon seeing Exhibit 33 he said
this is the same cloth in which the knife was sealed. This has my
signature. The map of the recovered knife was made on the spot on the
same date on 11.1.07, which is document no. 94/1 of the (Talwida)
documentation, which has my signature on it that I identify as correct
according to the situation. The correct photocopy of which is the
document no. 25A/1 whose truth I certify through my signature. This
has been given as Exhibit K-87.
The skulls and bones were recovered from the spot. They were sent to
F.S.L. Agra on 03.01.07 on the orders of the C.J.M. Gautam Buddh
Nagar for examination. Due to the repeated changing of statement by
the accused, the accused was taken to the Forensic Directorate,
Gandhinagar, Ahmedabad such that narco-test, polygraphic test and
brainmapping tests could be conducted on him as per the orders dated
05.01.07 C.J.M. Gautam Buddh Nagar. Test was conducted there. I did
not give any copy of the case diary of the investigation done by me to
anyone and I handed over the original to C.B.I. The accused gave their
confession of the crime at the police station and police post. The police
team was there. On the basis of the above mentioned recovery the
family of the missing persons were called. On the basis of identification
of the recovered things by the family members of the missing persons,
other cases were registered at the police station.
The Counsel of Defense for the Accused, Advocate Kalu Ram
In front of me Surendra Koli had aided in recovery of two knives, one
was recovered on 29-12-06 and the second one was recovered on
11.01.07. Both the knives are before me. The witness on seeing
Material Exhibit – 33 said that this has Jhabbu Lal’s identification
thumb imprint, which is imprinted very lightly. The second knife was
opened today before the court. We had got the identifying thumb
imprint of JhabbuLal, he had put his thumb impression. I can not say if
he can sign or not. When the knives were recovered the whole S.O.G.
team was there and other D.S.P. were present, that had Chhotey Singh
and VinodPandey. There was no public witness present except the name
of the witnesses mentioned in the recovery memo. Pappu, Jhabbu, Ram
Kishan live near D-5 and were called from there. Do not remember who
had gone to call them. It is incorrect to say that Surender Koli had not
aided in the recovery of both the knives. The knife recovered on 11 th
was recovered right before me. I had arrested the accused Surender Koli
on the morning of 29.12.06 at around 8 am from the road that goes from
the Post 26 towards Atta. The time when he was arrested there was no
public on the road. At that time SurenderKoli was coming sitting in a
rickshaw. Do not know where he was coming from. He was coming
towards the Police Post.
To be continued after lunch…after lunch the arguments under oath
remain
For the rest of the argument, accused Surender Koli
I did not stop and ask the name and address of the rickshaw puller
because he got down from the rickshaw and started running. The
accused ran in the opposite direction of the post. Surender Koli was
caught by our staff. After catching hold of him he was taken to the
police station. It is true that we questioned Surender and Maninder in
the police station on 03.12.06. It is not true that I had given direction to
Maninder Panher that he should present Surender Koli before us on
25.12.06. I do not know that Satpal the driver of Maninder had brought
Surender Koli from his village. It is incorrect to say that on 27.12.06,
Maninder had brought Surender Koli to us. I had presented Surender
Koli before the C.J.M. Gautam Buddh Nagar on 30.12.06 at around
3:30 or 4 pm in the evening. I had got the statement of Surender Koli
written after reading it to my Peshkaar. On 29.12.06, apart from the
police force there were 3 more witnesses and apart from them there was
nobody else from the public present there though there was a big crowd
outside the Kothi. Inside the Kothi were the witnesses Ramesh, Pappu,
Nand Lal. On 29.12.06 no saw was recovered. On 1st January, a saw
was recovered but I did not make a recovery memo for it. The saw did
not have any handle. It was a simple blade, I can not tell the length and
breadth of the blade without looking at the memo. I have mentioned
details of all the action taken in the case diary, which has the time also
mentioned in it. It is not true that the map made by me, I have shown
the recovery of all the skulls from behind D-5. Most of the skulls and
bones were recovered from behind D-5 but some were recovered from
extended gallery behind D-6. Dr. Navin Chaudhary used to live in D-6.
We had searched the house of Dr. Chaudhary but at that time we did
not meet him. The doctor had not returned till the transfer of the
investigation. I did not know this doctor from before. I do not know that
the name of the same doctor had become highlighted in the kidney
scandal. It is incorrect to say that on 29.12.06, apart from the local
police there was no outside police force. The public had stoned the kothi
and had broken glasses etc. that day and then after deputing force had
sealed the Kothi. It is incorrect to say that on that day we had kept the
accused sitting at the police station. The recovery of the saw on
01.01.07 was done by S.I. R.R. Dikshit and the accompanying force on
my ordersdue to the prevailing law and order situation. On 29.12.06 S.I.
ChhoteyLal was with me. SurenderKoli had accepted that he had called
Payal on the pretext of getting her customers and had accepted killing
her by strangling with her own Chunni. He also accepted doing more
murders apart from this. Surender Koli in his confessional statement
said about cutting Payal’s head and throwing it in the gallery and
making pieces of the rest of her body and throwing it in the drain. In
the back gallery some bones were lying on top and some were buried
in the earth which were excavated after digging. From the gallery about
15 skulls were recovered which could not be identified. The accused
Surender Koli had said Payal was killed on 7thMay, 2006. I do not
remember the names of all the girls he mentioned. It is correct to say
that the drain in the front was covered from D-5 to D-6 but in front of
D-5 it was covered by slab in which one slab was broken. It is incorrect
to say that the slab was broken by us. Some bones and other things were
found in the drain in front and some from the direction of the flow of
water. With the help of J.C.B. and karamcharis the drain was cleaned
and everything was taken out. The J.C.B. was of Noida Authority and
all the Karamcharis were of Noida Authority. No bone or material was
recovered before D-5. Rather it was recovered from the flowing
direction further.On 29th February mobile was recovered from Surender
Koli. I have made reference of it in the case diary. It is incorrect to say
that I have shown fake recovery and its fake investigation sitting in the
police station. It is also incorrect to say that no recovery was done with
the aid of the accused. The father of the deceased had identified her
slippers from the spot and he had identified the purse of Payal. That day
the father of RimpaHaldar was not present there.
Court Certificate
Transcribed After Listening
Sd.
Special Judge Anti-corruption U.P
A.D.S.J
Ghaziabad
17.01.08
P.W. 35 Dinesh Yadav, Deputy S.P. gave again his statement under
oath.
27.01.09
In Talwida Patrawali S. T. No. 439/07 the real memo is of
29.12.06 and the photocopy of this is Exhibit K-23 in this
documentation. This recovery memo was written on the spot with
reference to the recovered material that had been recovered with the aid
of SurenderKoli. A reference of this was written in the C.D. and a copy
of the memo was attached with the C.D. and was presented before the
then C.J.M. GautamBuddh Nagar on 30.12.06 and he had gone through
it. This memo was not recorded word by word in the memo. It was not
written in the C.D. that memo had been prepared but the memo was
attached along with it.
The witness upon seeing the document no. 285 A/1 of the
TalwidaPatrawali S. T. No. 439/07 said that this was prepared on my
instructions and which bears my signature. In this application by
mistake the word meaning more than one accused has been used instead
of mentioning one accused.
***
For the Defense of Moninder Singh, Advocate Devraj Singh
It is true that on 29.12.06 during search a passport bearing no. 209027
issued from Chandigarh was taken by me under my custody. This
passport was of Mininder Singh Pandher. The witness upon seeing the
original passport said that this has immigration stamped on it of 31
January, 2005 Brisbane Airport 163 H Australia and the same has
immigration stamp of I.G.I. Airport, Delhi stamped on 15 th February
2005. I cannot say when is the stamp of immigration stamped. The
stamp of Australia has no signature on it. Moninder Singh was in
Australia for 4 hours on 31st January 2005 and this was not investigated
by me. The passport has been assigned material Exhibit B-1. This is
true that whatever was recovered on 29.12.06 was recovered with the
aid of Surender Koli. It is true that from 29th onwards the Kothi was
sealed and after 29th the Kothi was searched many times. The narco test
was necessitated because the accused were changing their statements
and the other body parts had to be recovered.
For Defence of accused Surender Koli, Amicus Kalu Ram
Opportunity to argue was given, did not argue.
Court Certificate
Verified After Listening
Signature - illegible
Signature - illegible
Special Judge C.B.I. Anti-corruption
Special Judge C.B.I Anti-
corruption
A.D.S.J
A.D.S.J
Ghaziabad
Ghaziabad
27.01.09
27.01.09