Talwars get life term for murders

A special Central Bureau of Investigation (CBI) court on Tuesday sentenced dentist couple-Nupur and Rajesh Talwar-to life in prison for murdering their daughter Aarushi and their domestic help Hemraj Banjade in 2008. During argument on the quantum of sentence, the CBI had sought death penalty. "The manner in which the accused committed the murders calls for extreme penalty,” said CBI lawyer R K Saini. But Talwars’ lawyers asked for leniency while sentencing. "The case does not fall under the category of the 'rarest of rare case’ and, therefore, leniency may be shown while awarding the punishment,” said Talwars’ lawyer. After hearing the argument around 2 pm, the court reserved the order twice, first till 3:30 pm, later at 4:30 pm. In a jam-packed room where the dentist couple were standing, they seemed as if they already knew what lay in their fate. A day after holding them guilty, the Special CBI Judge Shyam Lal appeared at 4:30 pm and said, "Keeping in view the entire facts and circumstances, I am of the view that both the accused are not a menace to the orderly society. This is not a fit case for inflicting death penalty under Section 302 (murder) read with Section 34 (acts done by several persons in furtherance of common intention) of Indian Penal Code.” He sentenced the accused to rigorous imprisonment for life under Section 302 read with Section 34 IPC with a fine of Rs 10,000 each to five years of rigorous imprisonment with a fine of Rs 5,000 each under Section 201 (destruction of evidence). "It also appears expedient in the interest of justice to sentence the accused Rajesh Talwar under Section 203 (misleading the probe) of IPC to simple imprisonment of one year with a fine of Rs 2,000,” the judge said. Judge Shyam Lal accepted the CBI theory that the Talwars killed Hemraj and Aarushi with a golf club and surgical knife after finding them in "an objectionable position” at their house. In the absence of forensic or material evidence, the judge also accepted the CBI's "last-seen theory” which holds that the victims were last seen with the Talwars. The couple after hearing the sentence remained calm and were talking to their lawyers and discussing about next course of action before being taken to the Dasna Jail. They met their relatives and friends and left for the jail. The Rajesh Talwar’s brother Dinesh Talwar, told Deccan Herald: "We will appeal in the Allahabad High Court and we knew that this was going to happen. It is not surprising the way investigating agency has taken up the probe against innocent people.” The court complex was packed with lawyers, journalists and curious onlookers. After the judgment, a scuffle broke out between lawyers when the Hemraj family’s lawyer Naresh Yadav was speaking to the media. The police had to untangle the warring groups. The dentist couple were held guilty on Monday for killing its 14-year-old daughter and 45-year-old domestic help Hemraj on the intervening night of May 15 and May 16, 2008. When Aarushi was found dead on May 16, the police blamed Hemraj, who was missing. But when his decomposing body was found on the roof a day later, the needle of suspicion turned towards the couple. Rajesh Talwar was arrested and he spent two months in jail before the CBI said it had no evidence against him. Then, his dental assistant Krishna and two other domestic helpers who were Hemraj's friends-Rajkumar and Vijay Mandal-were arrested, but they were freed for lack of evidence. The botched probe and the police failure to protect the crime scene during the initial 24 hours prompted investigators to close the case in 2010. But the Talwars insisted they wanted to find the killers and moved a petition in court to reopen the case-only to be charged with murder themselves. DHNS