In the Aarushi-Hemraj twin homicide, lawyers defending the Talwars raised serious doubts over the kind of weaponry used in the murders as exhibited by prosecution. In the plea, defence lawyer Satyaketu Singh observed how during initial investigation by investigating agencies — UP Police and CBI — only five weapons found mention. They were a hammer, a khukri, a knife, a golf iron and a surgical scalpel.
Challenging UP Police hypothesis that a hammer and knife were employed to eliminate the duo, the CBI in October 2009 said a golf iron and surgical scalpel were indeed the murder weapons. Disputing CBI premise, the defence lawyer observed how the Talwars’ driver, Umesh, identified irons 3 and 5 from the numbered stockpile when the golf iron in question had been bagged and tagged by the Central Forensic Science laboratory (CFSl) in the Talwars’ dental clinic in October 2009 and handed over to investigating officer (IO) Rachhpal Singh. Could the forensics’ secured seal have been tampered withIJ
The Talwars’ driver pleaded ignorance about golf irons. While CBI claimed irons numbered 3 and 5 were found wiped down, CFSl-Delhi found iron numbered 6, not 5, wiped clean. The defence lawyer raised the question of legal veracity over the identification of the numbered golf irons. “As per set rules, the identification should be conducted in the presence of the magistrate while in this case the identification was conducted by the investigating officer without completing legal formalities. It has no legal value,” said Satyketu Singh.
After three-hour defence arguments on the third day, the CBI judge adjourned court for October 30 to record further arguments by the defence. Aarushi, 14, was found murdered at her parents’ Noida residence on May 16, 2008. The body of Hemraj, the Talwars’ manservant, was found the next day on the terrace of Jal Vayu Vihar residence.