Allahabad HC acquits Pandher in Nithari case

The court,however,made it clear that Pandher’s acquittal “was only in this (Haldar) case and shall not affect trial in other related cases”.

The court upheld the death sentence of Koli,who had admitted to have killed 14-year-old Haldar.

Pandher’s son Karandeep Singh,who was present in the High Court,expressed delight over the acquittal of his father and said he was now looking forward to “justice in the remaining cases related to this matter”.

The High Court,he said,had sustained CBI’s chargesheet and “we are quite happy about that”.

Pandher’s lawyer Manisha Bhandari said that she will try for bail for her client in view of the verdict.

Disagreeing with the judgement of the lower court,which had on February 13 this year awarded death penalty to the duo,the High Court said,”The summoning of Pandher under Section 319 CrPC (blanked power to the trial court to summon an individual) was not correct”.

The court observed that Pandher was summoned “mainly on the ground that various murders were committed at the house owned by him,and he resided therein and that on the pointing out of Pandher one ‘aari’ (saw) was recovered”.

This,the court said,was “not correct because according to the prosecution case,Rimpa was not murdered by an aari. Koli had admitted in his confessional statement to have killed Rimpa by a knife.

“The sessions judge considered four incriminating circumstances about involvement of Pandher. First,Pandher was continuously residing in D-5,Sector 31,Noida.

“Secondly,dozens of murders relating to Nithari were committed in D-5. Thirdly,pieces of dead bodies were thrown after wrapping them in polythene in front of D-5 and behind the gallery (of the house). Fourthly,the confessional statement of Koli”,the court said.

“The High Court did not agree with the findings of the trial court mainly because there was no evidence of conspiracy of committing murder of Haldar. The confessional statement of Koli completely exonerates Pandher”,it said.

“From the prosecution evidence it was proved that Pandher was in Australia (at the time of Haldar’s murder). The sessions judge had relied upon confessional statement of Koli and according to his statement he had committed the murder of Haldar and at that time no one was present in the house”,the court observed.

However,none of the family members of Koli or Haldar was present on the occasion.

The Nithari episode hit the headlines in December,2006,when in course of investigation of the disappearance of a number of children,human skeletons were recovered from the house of Pandher.

Following a huge outcry,the then Chief Minister of Uttar Pradesh decided to hand over the investigation to the CBI.