‘No ev­i­dence golf club used for mur­ders’

The Times of India (New Delhi edition) - - TIMES CITY | AARUSHI VERDICT - @times­group.com

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.

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