Tuesday, November 26, 2013

The Perfect murder: The imperfect Justice and investigation- India's biggest and perfect Murder -Aarushi Talwar case

15 May 2008, 

Aarushi ,14, the daughter of Dr. Rajesh and Nupur Talwar and their servant Hemraj were killed at night in a mysterious way. Aarushi used to study in Delhi Public School and her residence was at Sec-25, Jalvayu Vihar, Noida(UP). Her parents were both doctors and were heading the dental department in fortis hospital

10 pm - 11 pm
  • According to the Talwars, after the dinner, they went to Aarushi's room, and gifted her a Sony DSC-W130 digital camera. The camera had arrived earlier that day via courier, and had been received by Hemraj. Rajesh had originally planned to gift it to Aarushi on her birthday (24 May), but Nupur persuaded Rajesh to give it to Aarushi that day as an early birthday surprise.
  • Aarushi clicked several photographs of herself and her parents, the last one at 10:10 pm.
  • Subsequently, Aarushi's parents retired to their room, while Aarushi remained in her room.
11 pm-12 am
  • According to the parents, around 11 pm, Rajesh asked Nupur to switch on the internet router, which was located in Aarushi's room. When Nupur came to Aarushi's room, the teenager was reading Chetan Bhagat's The 3 Mistakes of My Life. Nupur switched on the router and returned to her own room.
  • Around this time, Rajesh answered a call from the US on the landline phone (kept in the couple's room). This indicates that the ringer was not silent.
  • Rajesh then surfed some stock market and dentistry websites, and also sent an e-mail. He visited an e-mail site at 11:41:53 pm: this is time when the desktop and the laptop show the last internet usage.
After 12:00 am (16 May)
  • Around midnight, Aarushi's friend tried calling her on her mobile as well as the Talwar residence's landline. However, the calls were not answered. Around 12:30 am, he sent her an SMS message: this SMS was not received by Aarushi's phone.
  • The Internet router was used for the last time at 12:08 am. Based on this, CBI infers that Rajesh was online until 12:08 am.
  • The exact sequence of events between the midnight and 6:00 am could not be determined by the investigators with certainty. According to their post-mortem reports, both Aarushi and Hemraj were killed somewhere between 12:00 am and 1:00 am

                                                 (Rajesh and Nupur Talwar-Parents of Aarushi)

There are a lot of confusions over the murder and how it happened?
According to Police version of the story, Parents saw Aarushi and Hemraj in a objectionable position, so in a sudden provocation they hit aarushi and hemraj with a golf stick that hit arrushi on left eye and hemraj on the back of his head. After hitting with the golf stick, the suspect cut their throats with a surgical blade in a very professional fashion which can not be done by a person who does not have any medical knowledge.
Both the suspects then dragged the body of servant upstairs towards terrace and threw the body on terrace behind the water tank and cooler. While they were dragging the body, blood fell on the stairs and this concretes the fact that body was dragged upstairs.

Aarushi's body lay on her bed, covered with a white flannel blanket. Her face was covered with her schoolbag.
There was blood on the bed, the walls and the floor. There was also blood on the pillow and the front side of the bedroom door, but none on the toys kept on the bed. The blood on the pillow showed two blood patterns: the drainage from the slit throat and a splashing of droplets. Aarushi's schoolbag and a pink pillow kept on the back of the bed were within the range of the splashed blood area, but did not have any bloodstains, indicating that these were placed on the bed after the murder. Aarushi's body lay undisturbed on the bed, and the bed sheet was laid out smoothly. This could possibly mean that she was killed out of the bed or that someone had dressed up the crime scene. According to the CBI, no bloodstains were found on the book The 3 Mistakes of My Life, which Aarushi was supposedly reading before her murder.
Police also found a white discharge in the vaginal area of Aarushi which when examined ruled out the possibility of semen . However Police stated that the sample has been tampered with and also her private parts have been cleaned to rule out the possibility of rape.

Now coming to what the confusions are in this case:----
Aarushi's room had a self locking godrej lock which could only be opened in 2 ways. Either aarushi herself opens from inside or her parents open it from outside which they normally kept the key below their pillow. If Hemraj killed Aarushi, how did he open the door from outside with out having the key? Also , if parents would have killed their daughter(according to police version), they saw hemraj and aarushi in objectionable position and then they did the crime. My question again is the same, how did hemraj managed to go inside Aarushi's room and if hemraj can not go inside the room, how can the parents see them together?? Let us think for a moment that hemraj stole the key from her parents room (which is almost impossible to do as they were not completely slept) and he went in aarushi's room , what was need of dragging hemraj's body to terrace because they were living in a flat not house, so any body could see them while dragging the body upstairs.
Also, according to Aarushi's close friends, her parents used to lover her a lot, why would they killed their own daughter, but then another question arises, If hemraj can not go inside aarushi's room, parents did not kill aarushi, then who killed aarushi??? Because the possibility of entering in to aarushi's room with out a key is practically impossible for an outsider because it was not a ordinary lock, it was self locking door embedded hard lock.
But if parents have not killed then the following questions arise on their innocence:-
  • The distance between the beds of Aarushi and her parents was around 7–8 feet. Yet, the parents claimed that they didn't hear any noise and slept through the murders.
  • There was no sign of forced entry into Aarushi's room, which would usually be locked at night. Someone outside the room could open it only with a key usually kept beside Nupur's bedside. The parents could not explain how the murderers gained access to this key, which was found in the living room after the murder.
  • On the morning of 16 May, Rajesh asked the police to stop wasting time in his house and pursue Hemraj instead. He even offered to cover the cost of police's visit to Hemraj's native village in Nepal. This was seen as a diversionary tactic.
  • Rajesh ignored the police's request for the key to the terrace door. An attempt had been made to hide Hemraj's body, as evident by the fact that it had been covered with a cooler panel and that the iron grill separating the adjacent terrace had been covered with a bed sheet. The police suspected that the Talwars planned to blame Aarushi's murder on Hemraj, and hid his body on the terrace for disposing it off later. However, the media glare and a constant stream of visitors made it impossible for them to get rid of the body.
  • When Hemraj's body was discovered, Rajesh told the police that he could not identify it.
  • The crime scene had been dressed-up. Aarushi's bed sheet remained undisturbed, and her body had been covered with a white flannel blanket. There was no blood on the toys, the schoolbag and a pink pillow, indicating that these items had been kept at the crime scene after the murder.
  • The family allegedly showed "undue" haste in cremating Aarushi's body and cleaning the crime scene on 16 May.
  • According to some of the visitors, the parents did not display shock or grief. SP Mahesh Kumar Mishra claimed that the Talwars looked "very nervous" when he questioned them on 16 May.
  • During 16-17 May, a series of telephonic conversations happened between KK Gautam, Dr. Sushil Chaudhury and Rajesh's brother Dinesh Talwar. Gautam later alleged that Sushil, a friend of Dinesh, had asked him to get any reference to a sexual assault removed from the post-mortem-report.
  • Hemraj had spoken of a threat to his life before his death. The police suspected that he knew about Rajesh's alleged extra-marital affair, and had been threatened by him not to talk about it.

Parents's defence

  • The fingerprints of the parents were not found on the Scotch whisky bottle or the blood-stained clothes of the victims.
  • Rajesh stated that he urged the police to pursue Hemraj, because being missing, he was the obvious suspect.
  • Rajesh also claimed that he had no recollection of the police asking him for the keys to the terrace door.
  • He could not recognize Hemraj's body as it was highly decomposed. He also claimed that he noticed that the T-shirt on the body read "New York"; the police had told him that the person was wearing a kada (a bracelet). He went down to ask Nupur (who was sitting in the car) whether Hemraj had worn these two items. When Nupur confirmed that he did, Rajesh called Dinesh to say that the body was most likely that of Hemraj.
  • Dinesh denied asking KK Gautam to use his influence to change the post-mortem report. He claimed that CBI could not find any records of him making calls at the post-mortem house.
  • The crime scene had been compromised, so Kumar turned to polygraph test (lie-detector), brain-mapping tests and narco-analysis. Rajesh and Nupur cleared two lie-detector tests and a brain-mapping test, which did not find any evidence of lying on their part.
  • The Talwars' relatives and friends state that the parents displayed adequate signs of grief. Nupur's father BG Chitnis reported that "Rajesh had become hysterical and was banging his head against the wall." Radhika Chada, a family friend, stated that Nupur was in "complete shock". Masooma Ranalvi, mother of Aarushi's friend Fiza, said that Rajesh and Nupur were "numb with grief".
  • The size of the shoeprint found on the terrace was 8 or 9, while Rajesh's shoe size is 6.
  • The later evidence suggested that the killers did not drag Hemraj's body to the terrace to hide it: he was killed on the terrace, which nullifies the theory that Rajesh killed him when he saw him in Aarushi's room.
  • The parents denied that they had dressed up the crime scene, pointing out that if they wanted to do so, they would have not left the Scotch whisky bottle with bloodstains in the living room for everyone to see. The family denied that they had shown any haste in cleaning the crime scene or cremating Aarushi's body. Nupur's mother Lata Chitnis and their clinic manager Vikas Sethi stated they received permission from the police to clean the house. The police had told them that they had already collected all the necessary evidence, including a part of Aarushi's mattress. It was the police who suggested that Aarushi's mattress be taken to the terrace for now, given the media clamor downstairs.

Also in the end, CBI filed a closure report in October 2012 in which they asked court to shut the case as they were unable to find sufficient evidences against the talwars, but court rejected this plea and ordered CBI to use this closure report as chargesheet against the couple. When CBI again started investigating, they preapred another chargesheet in which they clearly mentioned that in the best possible scenario, the murder could have been done in sudden provocation not intentional and the punishment for provocative murder comes under section 304 of IPC(Indian Penal Code) in which min punishment is zero and max is 10 yrs jail. But when the judgement was given on 25 Nov 2013 judge took it as case of direct murder and framed the charges under section 302 of IPC in which either the accused can be hanged off or they have to face life imprisonment.
Now it is still a question, when CBI itself was looking for punishment under sec 304, why did judge moved the punishment to sec 302 by himself??... The couple has also been charged under sec 201/34 which states they have tried to clean the crime scene and destroy evidences.
The truth says something else, when police went to investigate on 16 may 2008, morning, they  did not take the case seriously and the crime scene should have been banned for any media or public entry so that all evidences, finger prints etc could have been the same. but the reverse happened, it was turned in to a picnic spot anyone was coming to see the crime scene, media, general public, police ; everyone was enjoying to see the crime scene. No one cared that it is a delicate case, so crime scene should be banned for visitors and media.
Even when talwars asked to clean certain objects in their house asking the permission of police, they simply allowed them to do so. I do not understand what kind of investigation is this???

At last, my point is, if the Talwars have been accused of murdering their daughter, police should also be questioned because, had the police took the matter seriously in the beginning of the case, there would not have been so many confusions as the case today is just based on circumstantial evidences nothing else.  

Disclaimer: The views mentioned above does not indicate my personal opinion or does mean to hurt or dis-owner the honorable court/police justification. Only the perception of Police and media is mentioned here.

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