Friday, July 11, 2008

Whodunit?Aarushi Talwar Murder Case – Part 3 : There is darkness at the end of the tunnel while possibly there is a new clear deal

"When you come to the edge of all the light you have, and you must take a step into the darkness of the unknown, believe that one of two things will happen to you--either there will be something solid for you to stand on or you will be taught how to fly." -Patrick Overton

This is further to Part 2 analysis of the case.

Three events have happened today.

1.The third accomplice, one domestic help & a friend of Krishna, Vijay Mandal arrested .
2 .CBI held a live press conference on national television on the case.
3. Simultaneous with the CBI briefing, bail plea of Dr. Rajesh Talwar was being heard at Ghaziabad court. Dr. Rajesh Talwar subsequently was released on bail.

According to the CBI briefing, their deductions so far have been solely based on forensic evidences , lie-detection tests, psychoanalytical tests, brain-mapping tests & narco-analysis as there were no eye-witnesses to the crime. CBI made the following points.

· The tests mentioned above (in that order) are at different levels . This implies that only if someone fails both lie-detection & psychoanalytical tests, he will be taken to brain-mapping. If he fails that too, he will be subjected to narco analysis, the final stage where the subject is made to go into trance. Dr. Talwar, it appears , passed both lie detection & psychoanalytical tests and hence he was not subjected to further tests.

· CBI has found no evidence against Dr. Rajesh Talwar in the case thus giving him a clean chit.

· Hemraj’s mobile phone was with Krishna at 6 a.m following the murder while Rajkumar had taken Arushi’s mobile phone and destroyed it.

· A few days before the murder, Krishna was severely scolded by Dr. Rajesh Talwar for screwing up one of his dental equipments and Krishna felt humiliated & wanted to take revenge.

· Krishna, Rajkumar (Durrani’s help) & Vijay Mandal were having liquor at Hemraj’s room well past midnight, when the trio decided to enter Arushi’s unlocked room and knocked her unconscious with a blunt object when she resisted their sexual advances. Following this , they went up to Hemraj’s room and killed him when he dared to expose them. Then they came down and finished off Arushi by slitting her throat. The sequence has been corroborated by samples of Hemraj’s blood being found on Arushi’s pillow and by the confession made by Krishna in the narco tests & there after.

CBI briefing still leaves lots of questions unanswered.

1. Where are the murder weapons (both the blunt object & the sharp weapon) & where is Arushi’s mobile phone ? If Krishna has confessed , Rajkumar & Vijay have sung during narco tests , then WTH the weapons & phones (whether in whole or in broken parts ) have not been located ???

2. If Krishna wanted to take revenge for the insult from Dr. Talwar, wouldn’t he have taken it on Dr. Talwar himself, instead of making such a planned (at midnight & with two other accomplices ) assault on his daughter ??

3. How did the three dare to enter Arushi’s room knowing fully well that the parents are sleeping in the next room and at any moment they can be discovered? For that matter, how did Dr. Talwar allow such drinking parties at his house by his domestic helps at the dead of the night ?

4. Arushi’s murder may have been spontaneously done but Hemraj, an able bodied man of 45 would have definitely resisted and screamed or made other noises before being put to death. How come no body heard it? Do the humming of the air-conditioners drown such noises ?

5. Most importantly, the lie detector & psychoanalytical tests on Dr. Rajesh Talwar were concluded almost 21 days back. Why did the CBI keep him in custody so long if today. he is being given a clean chit based on the same tests??

6. Last but not the least, why is the CBI holding a press conference exonerating Dr. Rajesh Talwar at the same time while Dr. Rajesh Talwar’s bail pleas are being heard??

Although the CBI mentioned that the briefing was about sharing certain inputs on the case , it is now clear that the briefing was to tell the media that there aren’t evidence to charge Dr. Talwar. In the end, neither the motive is clear nor are there any material evidences against the suspected killers even after 40 days of CBI taking over the case from Noida police. The “blind case” has come to a dead end.

Dr. Rajesh Talwar’s exoneration from the case was however very logically articulated by the CBI in the briefing thus vindicating the quote in the beginning of this post that either the CBI is standing on solid ground or it has learnt to fly.
Am I being hazy here ?? Well, let me end the posting by just stating that critics of CBI say, it is better to be eaten by a stray tiger in a forest safari than be under the scanner of CBI. Even an ex-PM , Narasimha Rao, learnt it through his harrowing experiences over a decade.


Salty said...

5 years have passed and the case still drags on. CBI under a new investigator, Kaul, had reopened the case on Talwar's appeal to the court and have cast the Talwars as the prime accused. Evidences have been spoilt, forensic findings upturned and statements have been changed to suit this prejudicial charges. A detailed report by Shoma Chowdhury of Tehelka is given here.

Salty said...

The final arguments are presently on at the trial court in Delhi. While the CBI has squarely blamed the Talwars for their daughter's murder and also for destruction of evidence as well as misleading the CBI; the Talwars argue that the CBI is falsely implicating them.
Interestingly a Khukri had been found in one of the servant, Krishna's room but inspite of repeated pleas by the Talwars the same was not sent for forensic & DNA tests. Here's Tehelka's managing editor, Shoma Chowdhury arguing in favour of Talwar in this video.

Salty said...

Predictably the CBI court convicted the Talwars to life sentences on 25th Nov,2013 for the murder of Arushi & Hemraj.The conviction is less based on hard evidences establishing their involvement. Rather it dwells on circumstantial evidences that establishes only the suspicion around them. The prosecution dwelled on evidences that suggested dressing-up of crime scene, lack of any forensic evidence to establish the presence of outsiders, visible lack of remorse as seen by the first entrant( a domestic help) at morning, inability/reluctance to open the terrace door, misleading the investigations etc. Neither the murder weapons have been found or established to be ones nor have been the motive of honour killing clearly established from precedents in the lives of the reportedly liberal-minded Talwars.
On appeal to higher court, use of only suspicion backed by only circumstantial evidences by the CBI court could get upturned.
But beyond that there are questions that still remain unanswered. Like why were Arushi's & Nupur's cellphones switched off that night since in the preceeding 60 days, nothing like that ever happened? or If post-mortem report said that both were killed due to the fatal blows by a blunt object on their heads that left a V-shaped mark; where was the need for anybody (least of all a doctor)to slit the throats ? or why wasn't Dinesh Talwar, brother of Rajesh, questioned thoroughly since he seemed to be the closest relative to Talwars?
The case appeared to have got closed when CBI under the leadership of officer Kaul submitted a closure report in Dec'2010 stating their suspicion about the Talwars but their inability to proceed further with hard evidences to back up their suspicions. The Talwars questioned the closure report and appealed once more to trace the murderers. Soon after their appeal, the CBI court started a fresh trial terming them as the accused as if they were waiting for the Talwars to react first with an appeal. If the Talwars hadn't appealed , maybe the case wouldn't have been tried.
This case of dual murder will remain intriguing as its very difficult to come to a judgment even after going through very meticulously the chain of events.
if only, the dead could speak!