The court of special CBI Judge S. Lal earlier heard final arguments in the 10-day-long defence for dentist couple Rajesh and Nupur Talwar, who dismissed the entire Central Bureau of Investigation (CBI) theory on commencement of crime.
In his argument, defence lawyer Satyaketu Singh submitted that the CBI had failed to establish the unbreakable chain of events. At one point of time, it (CBI) claimed the Talwars killed Aarushi and Hemraj out of sudden provocation, but at another point the probe agency claimed they rushed to Hemraj's room, picked up a golf stick and hit them to death.
The second injury on the neck could not be due to sudden provocation. It would have been executed as a well-thought plan.
At the same time, the probe agency doubted the three servants it interrogated and applied for their remand but being in double mind, finally withdrew the application.
Earlier also, the CBI had submitted the final report in the absence of convincing evidence, the defence lawyer said.
"As per a Supreme Court ruling, the probable circumstances are not sufficient to establish that somebody is guilty of the crime. The prosecution should establish the unbreakable sequence of events."
But the CBI has failed to establish the chain of events affirming the crime and claim that Talwars could have killed the duo in absence of outside entry, which is full of lapses, he said.
The entire theory of CBI depends on probability, which is against the spirit of law, Satyaketu Singh argued.
Regarding the nature of injury, the defence conducted a demonstration of golf sticks and claimed the point of contact was too small so it could not have generated 8x2 centimetre crack in the rear portion of the skull. The CBI has claimed Talwars' driver Umesh identified 4 and 5 number golf sticks while it was impossible to identify these since the number is embossed at the bottom and the CBI showed them upper handle only from inside the bag.
Former Uttar Pradesh Police officer K.K. Gautam, a witness, said he noticed three depression marks on Hemraj's bed which suggested there was an outsider's entry in the house.
The defence lawyer added that three glasses and three empty bottles of soft drink and beer were also evidence of the presence of outsiders. So, the CBI theory is full of lapses, he claimed.
Satyaketu Singh presented arguments for about four hours, from 11 a.m. to 2 p.m. and again 3 p.m. to 4 p.m.
Aarushi, 14, was found murdered at her parents' Noida residence May 16, 2008. Hemraj's body was found the next day on the terrace of the same house.
--IANS (Posted on 12-11-2013)