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HindustanTimes Sat,19 Apr 2014

Aarushi murder case: CBI’s claims and Talwars’ defence

Peeyush Khandewal, Hindustan Times  Ghaziabad, November 26, 2013
First Published: 08:08 IST(26/11/2013) | Last Updated: 09:12 IST(26/11/2013)

The murder weapon used to kill Aarushi Talwar and Hemraj and the question that whether some outsiders were there in the Talwars’ flat on the night of the double murder are among the most enduring mysteries of the sensational case.

After the probe was taken over by CBI, investigating officer AGL Kaul pointed out that one of the golf clubs of Aarushi’s father, Rajesh, had been used to inflict blunt head injuries on both the victims. The post-mortem showed cracks in the skull of both the bodies.

Rajesh Talwar had a set of 12 golf clubs, which the CBI seized on October 30, 2009. According to Kaul, Rajesh’s driver Umesh Sharma had told the investigators that he had placed two golf clubs in Hemraj’s room.

Photographs, however, showed that one stick was missing. He also told the court that Talwar could not tell CBI SP Neelabh Kishore that how he produced the full set of sticks, when one of them was missing.

Then in an email to Kaul on behalf of Rajesh on June 1, 2010, Talwars’ friend Ajay Chadha wrote that the missing stick was found by him and Nupur from a loft in the house “a couple of months before May 2009”.

Kaul had also submitted that Umesh had identified the two sticks that were placed in Hemraj’s room at the CBI headquarters. But Umesh retracted his statement before the court and was declared hostile.

The defence countered that the post-mortem doctors had suggested in an expert committee report in September 2008 that the injuries were possibly inflicted by a weapon like Khukhri. They said the identification parade by Umesh was not conducted in the presence of a magistrate.

They also claimed that golf club theory was propounded by forensic expert Dr Mohinder Dahiya at the behest of the CBI.

READ: Talwars held guilty of killing daughter Aarushi, Hemraj

Mystery of the door
The outermost grille door of the Talwars’ flat was another bone of contention between the Talwars and the CBI.

As per the CBI closure report, the Talwars tried to show that the grille door was not locked to give an impression that an outsider had entered the flat.

The grille door at the entry to the flat leads to a passage and then to two doors — an iron door and a wooden door fixed side by side. For the CBI, Talwars’ domestic help Bharti Mandal was a vital prosecution witness as she was the first person to arrive at the flat at 6am on May 16, 2008, the day Aarushi’s murder was discovered.

Bharti’s told the court that she was not able to open the door. Then Nupur arrived from the wooden door and said that the grille door may have been locked by Hemraj who may have gone to fetch milk. Bharti then asked Nupur to give her the door keys which Nupur said she will throw from the balcony on the other side of the flat.

But when Bharti returned with the key, she found the grille door was not locked and pushed it open easily.

Kaul argued that the grille door had actually been locked from inside and when Bharti had gone to fetch the keys, Nupur entered the passage through the door in Hemraj’s room and unlocked the outer door.

The defence maintained that the outer door had never been locked and that Bharti had been “tutored by the CBI” to make “fatal improvements (to her testimony) by introducing her ‘hand on door’ theory.

READ: CBI decided against using costly DNA sampling

MAY 15, 2008: Afternoon to midnight, Talwar and CBI versions tally till here
 • Nupur Talwar picks up Aarushi from school around 1.30pm, leaves her at home, goes to clinic and returns around 7.30pm.

 • Around 9.30pm, Rajesh Talwar returns with driver Umesh Sharma.

 • Same day, a packet is delivered by courier and received by Hemraj. Contains digital camera ordered by Rajesh on internet to be gifted to Aarushi for her birthday on May 24, 2008.

 • After dinner, Nupur goes to Aarushi’s room, tells Rajesh to gift camera. Aarushi clicks photos. Wall clock shows 10.10pm in a photograph. Rajesh and Nupur go to bedroom.

 • Around 11pm, Rajesh asks Nupur to switch on internet router in Aarushi’s room. Rajesh last accesses net at 11.57pm. Was online till at least 12.08am.

 • Around midnight, Aarushi’s friend rings up landline in parents’ room. No one picks up.

 • No direct evidence on what happened from 12.08 midnight and 6am.

READ: Post-mortem reports added to mystery
READ: Circumstantial proof led to Talwars’ conviction: experts

Talwars’ version after midnight
Around 11.30pm, Rajesh goes off to sleep. Both Rajesh and Nupur sleep throughout night till domestic help Bharti arrives and rings door bell around 6am. 

READ: Talwars: From devoted parents to Aarushi murder convicts

Midnight to morning: CBI version
 • Around midnight, Rajesh hears a noise. Goes to Hemraj’s room, does not find him. Picks up one of two golf-clubs in Hemraj’s room. Finds noise coming from Aarushi’s room. Door or her room ajar.

 • Talwar sees Hemraj and Aarushi in an intimate position. Rajesh lands a blow on Hemraj’s head. Deals second blow but Hemraj’s head shifts. Blow lands on Aarushi’s forehead.  Lands repeated blows. Hemraj falls to floor.

 • Nupur wakes up, arrives in room. They check Aarushi’s pulse, finds her almost dead.

 • They wrap Hemraj’s body in bedsheet, take it to terrace using stairs. Drag him to a corner, slash his throat with a small surgical instrument. They cover Hemraj’s body with the panel of a cooler. Couple returns downstairs, gets another bedsheet and use it as a curtain to hide body from neighbours. Lock terrace door from inside.

 • They go to Aarushi’s room, rearrange items disturbed during incident. They slash her throat with a sharp weapon to ensure wound looks similar to that of Hemraj’s. Nupur cleans Aarushi’s private parts, puts back clothes on her. They clean the rest of the mess at the scene of the crime.

Then what happened...
Golf-club hidden inside loft opposite Aarushi’s room. Through Hemraj’s room, they close outermost grille-door from inside and middle grille-door from outside. Rajesh has whisky from Ballentine bottle without water. During early hours, he goes out of flat, disposes of weapon and other blood-stained belongings and comes back. They wait for domestic-help Bharti to arrive in morning.

READ: Superstition grips old neighbourhood

The verdict
“It is proved beyond reasonable doubt that the accused are perpetrators of the crime in the question. The parents are the best protectors of their own child that is in order of human nature but they have been freaks in the history of mankind where the father and mother became the killer of their own progeny. They have extirpated their own daughter who had hardly seen 14 summers of her life and the servant without compunction from terrestrial terrain in the breach of commandment “Thou shalt not kill”

Edit: More questions than answers
READ: Nupur Talwar broke down after the judgment
READ: Shock and disbelief on social media

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