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Sessions Trial No. 477 of 2012

In the Court of Additional Sessions Judge/Special Judge, Anti-Corruption, C.B.I., Ghaziabad

Present:

S. LAL, H.J.S.


The State of U.P. Through the C.B.I. Vs. Rajesh Talwar & Another

R.C. No.1(S)/2008/SCR-III/CBI/NEW DELHIU/ss 302 r/w Section 34, 201 r/w Section 34 & 203 I.P.C.

J U D G M E N T

The cynosure of judicial determination is the fluctuating fortunes of the dentist couple Dr. Rajesh Talwar and Dr. Nupur Talwar, who have been arraigned for committing and secreting as also deracinating the evidence of commission of the murder of their own adolescent daughter-a beaut damsel and sole heiress Ms. Aarushi and hapless domestic aide Hemraj, who had migrated to India from neighbouring Nepal to eke out living and attended routinely to the chores of domestic drudgery at the house of their masters. The

mise en scene

is Flat No. L-32, Jalvayu Vihar, Sector 25, N.O.I.D.A., a suburb of New Delhi. The

Dramatis Personae

are Dr. Rajesh Talwar, his

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wife Dr. Nupur Talwar, the accused of this case, Ms. Aarushi and Hemraj, who were bludgeoned and thereafter, jugulated to death on the intervening night of 15/16 May, 2008, Mr. Umesh Sharma and Mrs. Bharti Mandal. The parties are

ad idem

that the case is based on circumstantial evidence. Skipping expatiation on prosecution story, a vignette of facts as unveiled is that on 15.05.2008 at about 09:30 P.M. only Dr. Rajesh Talwar, Dr. Nupur Talwar, Ms. Aarushi and Hemraj were last seen in the house by Umesh Sharma, the driver of Dr. Rajesh Talwar and in the morning of 16.05.2008 Ms. Aarushi was found dead in her bedroom, which was adjacent to the bedroom of accused persons and in between these bedrooms there was a wooden partition wall. The dead body of domestic servant Hemraj was found on the terrace of the house on 17.0.2008 and there is nothing to suggest that intruder(s) perpetrated this fiendish and flagitious crime.Few prefatory facts necessary for unfolding the sequence of events that followed after the twin murders are that on 16.05.2008 at about 06:00 A.M. housemaid Smt. Bharti Mandal arrived as usual at Flat No. L-32, Jalvayu Vihar and rang the call-bell of the house but no response came from inside. After pressing the call-bell second time, she went up-stairs to take mopping bucket. Thereafter, she put her hand on the outer grill/mesh door but it did not open. Subsequent to that, she again pressed the call-bell and then Dr. Nupur Talwar after opening the wooden door came near the grill door/mesh door

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situated in the passage and enquired about the whereabouts of Hemraj to which she replied that she had no idea of him and then Dr. Nupur Talwar told her that Hemraj might have gone to fetch milk from Mother-Dairy after locking the middle grill/mesh door from outside and she could wait until he returned. Thereupon, Smt. Bharti Mandal asked Dr. Nupur Talwar to give her keys so that she may come inside the house after unlocking the same and then Dr. Nupur Talwar told her to go to the ground level and she would be throwing keys to her from balcony. Accordingly, Smt. Bharti Mandal came down the stairs and reached the ground level. Meanwhile, Dr. Nupur Talwar opened the latch of middle grill/mesh door and told her from balcony that the door is not locked and only latched from outside and then Smt. Bharti Mandal came back and opened the latch of the door and came inside the house and then thereafter, Dr. Nupur Talwar told Smt. Bharti “

Dekho Hemraj Kya karke gaya hai” (Look here, what has been done by Hemraj).

When maid Smt. Bharti went in Aarushi’s room she saw that dead body of Aarushi was lying on the bed and covered with a white bed sheet and her throat was slit. She got frightened. Thereafter, she went down the stairs and informed the inmate of the house situated in first floor. After that, she left the house to do her job in another house. By that time, the parents of Dr. Nupur Talwar and Dr. Dinesh Talwar, the brother of Dr. Rajesh Talwar reached there. One Mr. Punish Rai Tandon, resident of L-28, Sector 25, Jalvayu Vihar also reached there at about 06:15 A.M. and after coming back to his house

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