IMPORTANCE OF FORENSIC SCIENCE IN TANDOOR MURDER CASE

I. INTRODUCTION
Forensic Science defines it as, “the application of science to those criminal and civil laws that are
enforced by police agencies in a criminal justice system”. Thus, the role of forensic science in
criminal justice and the legal system is highly critical, but often underrated. In the present case,
Naina Sahni’s murder remains one of the most sensational cases for the criminal and justice
system. Discovering a burnt body of a woman chopped into pieces in a tandoor of a restaurant in
Delhi indeed shook the country’s conscience to a complete new level. Sushil Sharma’s sudden fit
of rage, the consequences that lead him to shoot his wife and then brutally burn her corpse in a
tandoor. Hence, this case was commonly referred as Tandoor Murder Case. The mystery is not
the case but the fact that it took such a stretch of time to come up with a judgment.

II. FACTS OF THE CASE

Sushil Sharma was the President of Delhi Youth Congress at the relevant time (1992) while
Naina Sahni (the deceased) also a Delhi University Graduate, was the former General Secretary
of the Delhi Youth Congress Girls Wing. It was said that Naina Sahni used to visit accused
Sushil Sharma at the office of Youth Congress in New Delhi. In the year 1992, accused Sushil
Sharma obtained a flat at Mandir Marg where Naina Sahni used to visit frequently and at times
“she used to stay back at night as well”, as said by the neighbors. Later, Sushil and Naina are
said to have married in that residence “in their own way”, which suggests that they had a secret
marriage, hidden from the public; however, the marriage had the consent of both the parties.
Thereafter, Naina continued to live in the said flat, claiming to be Sushil’s wife, till she was
murdered. After 3 years of their “secret” and strained marriage, on 2 nd July 1995, Sushil Sharma
reached his Mandir Marg flat to find Naina deep in conversation with somebody on the phone.
Sushil Sharma suspected his wife having an affair with Mr. Karim, her colleague. Enraged,
Sharma took out his licensed revolver and shot Naina thrice, two bullets hitting her head and
neck, and the third bullet struck the air conditioner. Sahni died on the spot. Sharma then carried
her body to the Bagia Bar-be-Que restaurant, covered in a black plastic, in the dickey of his
Maruti car, which he owned, where he chopped the corpse into pieces and dumped it in the
Tandoor. Meanwhile when the police was trying to figure out the cause of the fire in the

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restaurant, Sushil Sharma flees from the crime scene. Sushil Sharma fled to various cities, finally
surrendered in Bangalore on 10th July 1995.

III. IMPORTANCE OF FORENSIC SCIENCE IN THE INVESTIGATION

Forensic science is that piece without which the puzzle of a criminal investigation is incomplete.
In this case, following fields of forensic science have been used-

 Inspection of crime scene-

Co-Accused Keshav had blood spots on his clothes. Blood stained clothes of Keshav Kumar a
white kurta and white pant were taken into possession The investigating officer seized from the
place of fire one paijeb (anklet) besides other articles. On inspection of the car, dried blood in the
dicky of the car and some hair stuck on the back side of the front seat were noticed. One wrist
watch was also found in the car. During the search of the flat where they resided, the police had
seized from there, blood stained cloth piece of the mattress from a bed-room, blood stained
carpet, some hair of a woman with blood on them, one lead of bullet, five empty cases of fired
cartridges. Besides these things some documents pertaining to Bagia Bar-be Que were also
seized. It was also noticed that the plywood over the air-conditioner had a bullet mark/hole. That
plywood piece was also taken into police possession. 

 Forensic Pathology and Medicolegal Death Investigation –

The charred corpse after having been identified by Matloob Karim to be that of Naina Sahni was
subjected to post mortem examination. The first post-mortem conducted at Lady Hardinge
Medical College was erroneous and according to it, the death was caused by burn injuries. The
second post-mortem conducted by Doctors from three different hospitals revealed that there were
two bullets penetrated her body, one in the Head and another in the neck. During the course of
the second post-mortem examination the dead body was subjected to X-ray examination and the
X-ray reports showed the presence of one metallic piece in the skull and one in the neck region
of the dead body. Those metallic pieces were then extracted out and were found to be lead
bullets. As per the post-mortem report of the Board of Doctors the cause of death of the deceased
Naina Sahni was due to coma consequent upon fire-arm injury on the head which was found to
be sufficient to cause death in the ordinary course of nature.

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 Ballistics-

During investigation the bullets recovered from the body of the deceased, fired cartridge cases
and one lead bullet which were recovered from flat At Mandir Marg, the live cartridges and
Arminus revolver recovered from the possession of accused Sushil Sharma at Bangalore were
sent to Central Forensic Science Laboratory for examination by a ballistic expert. After
examining them and resorting to test firing by using live cartridges which were recovered from
the briefcase of the accused at Bangalore from the Arminus revolver the ballistic expert gave a
report confirming that the Arminus revolver was a fire-arm and was in working condition and
had been fired through. He further opined that the five cartridge cases and one lead bullet, which
were recovered from the flat at Mandir Marg and the two lead bullets which were extracted from
the skull and neck of the deceased, had been fired from the said Arminus revolver. Regarding the
piece of plywood which had also been seized from the aforesaid flat, he gave his opinion that the
hole observed on the plywood piece could also have been caused by the afore-said lead bullet
recovered from the flat at Mandir Marg.

 Forensic Biology/DNA-

Blood stained articles seized from the Bagia restaurant on the day of the incident, those
recovered from the flat at Mandir Marg and the dried blood lifted from the dicky of accused's car
at Malcha Marg were also sent to Forensic Science Laboratory where on examination it was
found that human blood found on all these articles was of B' group which was the blood group of
the female whose body was being burnt on the tandoor and who later on was identified to be
Naina Sahni. DNA test was also got conducted from the Centre for Cellular and Molecular
Biology, Hyderabad(CCMB) for confirming the identity of the corpse by sending there the blood
samples of the parents of Naina Sahni and the tissues (muscle) from the thigh, radius and ulna
bones and two ribs of the deceased. The DNA report confirmed that the dead body which was
being burnt at the Bagia Bar-be-Que tandoor on the night of 2nd July, 1995 was that of Ms.
Naina. After the completion of investigation the investigating officer came to the conclusion that
Naina Sahni was killed by accused Sushil Sharma since he was suspecting that she was having
some relationship with Matloob Karim as well as other persons and after killing her he with the
help of co-accused Keshav Kumar burnt her dead body on the tandoor of Bagia Bar-be-Que. 

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IV. JUDGMENT

In 2003, Sharma was awarded with death penalty on the basis of evidences adduced by the
prosecution with the help of forensic science, by Additional Sessions Judge, Delhi while the Co-
Accused Keshav Kumar was, however, convicted only for the offence under Section 201 IPC for
burning the dead body of deceased Naina Sahni. The Conviction of the Sushil Sharma for the
murder of Ms. Naina Sahni and imposition of death sentence upon him, has led to the filing of an
appeal by the appellant and making of a reference to the Delhi High Court by the trial court for
confirmation of the death sentence. While dismissing the appeal of the convict Sushil Sharma,
The Delhi High Court, uphold the death penalty, awarded to him by the trial Court for the
offence of murder. By quoting- “People like the appellant who are power drunk and have no
value for human life are definitely a menace for the society at large and deserve no mercy. The
act of the appellant is so abhorrent and dastardly that in case death penalty is not awarded to
him it would be a mockery of justice and conscience of the society at large would be
shocked.1This is surely a case which falls within the category of ‘rarest of rare cases’ in which
no other punishment except the death penalty would be justified.”

Thereafter, an appeal, by special leave, was preferred before the Supreme Court, wherein
judgment and order passed by the Delhi High Court confirming the death sentence awarded to
him in Sessions Case, was challenged.

Supreme court observed, “Undoubtedly the offence is brutal but the brutality alone would not
justify the death sentence in this case.” It was further observed that the circumstances of the
crime were not such that there was no alternative but to impose death sentence even after
according maximum weightage to the mitigating circumstances in favour of the offender. 2 It was
a crime committed by the accused due to strained personal relations, and not one against
society. Supreme court confirmed the conviction of the appellant for offence of murder and also
commuted the death sentence awarded to Sushil Sharma to life sentence. 3

1
Dhana v. State of West Bengal, (1994) 2 SCC 220.
2
Mohd.Chaman vs State (N.C.T.Of Delhi), (2001) 2 SCC 28.
3
Sushil Sharma vs. The State (NCT) of Delhi, (2014) 4 SCC 317.

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 V. CONCLUSION

Therefore, it can be concluded that the forensic science played a vital which led to the conviction
of the Accused. There was the post partem report which changed the direction of the case, then
the findings of the ballistic experts who established that five cartridge cases and one lead bullet,
which were recovered from the flat at Mandir Marg and the two lead bullets which were
extracted from the skull and neck of the deceased, had been fired from the Arminus revolver
recovered from the possession of accused Sushil Sharma. Furthermore, reliance can be placed
upon the DNA Test from muscle pieces attached to her charred bone were compared with that of
her parents and sister which confirmed the identity of the Deceased.

Thereafter, whole case was build on the basis of the aforementioned forensic science techniques
which led to the conviction of the Accused.

“Knowledge of forensic tools and services provides the investigator with the ability to recognize
and seize on evidence opportunities that would not otherwise be possible.”

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 REFERENCES-

 http://www.firstpost.com/india/what-tandoor-murder-verdict-ignores-women-like-us-are-
beaten-up-too-1163887.html – As reported by Deepanjana Pal.
 http://www.thehindu.com/news/national/cop-who-led-probe-on-tandoor-murder-case-pens-
book/article22775260.ece
 http://www.thehindu.com/news/cities/Delhi/tandoor-murder-sushil-sharma-challenges-death-
penalty/article5019340.ece
 http://www.thehindu.com/todays-paper/Judgment-reserved-in-Naina-Sahni-
case/article14707773.ece
 The Hindu Editorial- Rarest of Rare Opportunities, Oct 21 [2013]
 http://docs.manupatra.in/newsline/articles/Upload/DFA397D3-B539-419D-A79B-
28D367CFEE09.pdf (Manupatra article on Capital Punishment in Rarest of Rare Case: is it
just and fair? Dated : Jan 2014)
 https://www.lawctopus.com/academike/rarest-rare-doctrine-death-penalty/ – Article on
Rarest of Rare Doctrine: Death Penalty [ Academike Dated : Dec 7 2014]
 https://pressbooks.bccampus.ca/criminalinvestigation/chapter/chapter-10-forensic-sciences/.