‘No evidence golf club used for murders’
New Delhi: The Allahabad high court has completely junked CBI’s ‘murder weapon’ theory that Dr Rajesh Talwar, after seeing his daughter in an objectionable state with their doemstic help Hemraj, took out his golf club and killed both of them before slitting their throats with a surgical scalpel.
The high court has, in fact, stated that the agency seemed to have tampered with the golf club so as to present its case against the Talwar couple.
CBI had claimed during trial that golf club number 5 out of 12 clubs from the pack used by Dr Rajesh Talwar was used in the murders.
It is apparent that the entire theory of crime weapons being golf club and surgical scalpel has been propounded by Dr M S Dahiya on the basis of absolutely wrong information supplied to him by additional SP AGL Kaul, which was not warranted by any material on record and is liable to be rejected outrightly HC OBSERVATION
dence which put a big question mark to the correctness of the theory propounded by him in his report”.
“It is apparent that the entire theory of crime weapons being golf club and surgical scalpel has been propounded by Dr M S Dahiya on the basis of absolutely wrong information supplied to him by Additional SP AGL Kaul (investigating officer), which was not warranted by any material on record and is liable to be rejected outrightly. Moreover there is evidence on record showing that the golf club, which was handed over by Dr Rajesh Talwar was neither properly sealed nor kept in the maalkhana and the same had been tampered with,” says the court.
Subsequently, the high court questioned the fact that the injuries on the victims were of a triangular shape as Dr Sunil Dohare had not mentioned this in his post-mortem report.
These three CBI witnesses had also propounded the scalpel theory on the basis of questionnaire supplied to them by AGL Kaul.
Further, talking about the mishandling of golf clubs by CBI, the court observed that the golf club bag was not sealed. “……it is fully established that the golf clubs were not properly sealed and the seals which were put on the golf bag and golf sticks on January 7, 2010 by Dr B K Mahapatra (senior biologist CFSL) were tampered with by the investigating authority,” says the HC.
The court says that even if it ignores glaring irregularities and illegalities committed by the investigating authorities during the investigation, there is absolutely “no cogent or reliable evidence on record to persuade us to believe that golf club no. 5 was the crime weapon”.
“No blood or DNA was found on any of the golf clubs. Thus we do not find that the prosecution has been able to prove that golf club and surgical scalpel were the crime weapons which were used by the accused-appellants for committing the double murder,” it said.