Ghaziabad: Rebutting claim of the Central Bureau of Investigation, lawyer of Rajesh and Nupur Talwar told a CBI court on Friday that there was "lot of evidence" to prove that outsiders were present at the residence of the dentist couple and their aides Hemraj and Krishna talked to each other over phone on the day of murder.
Defence lawyer Tanveer Ahmed Mir told the special CBI court that as per Call Detailed Record (CDR) provided by the service provider, Krishna, compounder of Rajesh Talwar called Hemraj's mobile number twice on the evening on May 15, 2008, from the landline number of dentist's Noida clinic.
"CDR shows that there was an interaction on phone between Krishna and Hemraj on May 15, 2008. First call was made to Hemraj's mobile from Talwar's clinic around 4:58 pm which lasted for ten minutes. And second call was made to Hemraj's number around 5:37 pm, which lasted for two-and-a-half minute," Mir told the court.
The defence lawyer argued that these two calls were made to Hemraj when Rajesh Talwar was not at his clinic, but he was in Hauj Khas in Delhi at that time.
"Krishna was permanent assistant of Rajesh Talwar and he used to spend most of his time in Talwar's Noida clinic. CDR record suggests that it was Krishna who made these two calls
to Hemraj.
"As per mobile tower location of Nupur Talwar, she was in Noida Sector 22 when these two calls were made to Hemraj from Rajesh's clinic landline number," Mir said.
The CBI has said in its closure report that there was no interaction on telephone between any of the servants- Krishna, Raj Kumar and Vijay Mandal- on that day or physical meeting
between them.
The lawyer also said that the retired Noida Police DSP KK Gautam had told the court that on May 17, 2008, he visited Hemraj's room where he found three bottles - a Sola Wine, a Kingfisher beer and Sprite cold drink.
Besides, there were two-filled whisky glasses and the third one was empty and placed below Hemraj's bed.
"Gautam also told the court that there was a depression on Hemraj's bed which indicated that three persons sat on bed.
Besides, the DSP had said during his statement that he also visited servant's toilet where he found urine of more than one person," Mir said.
Gautam's statements suggest that there were some other persons at Talwar's residence in the intervening night of May 15-16, 2008, the lawyer said.
As per CBI's theory, there were only four persons Rajesh, Nupur, Aarushi and Hemraj on that fateful night. The CBI also said that there was no sign of forced entry of any outsider in the house, which suggest that it was Talwars who killed Aarushi and Hemraj.
"In forensic examination, DNA of Hemraj was found on a Kingfisher beer bottle which was seized from Hemraj's room and this DNA matched with blood-stained palm print seized from Talwars' residence. Besides, pillow and pillow cover belonging to Hemraj were also seized from his room.
"Pillow cover had a blood spot which contained Hemraj's DNA. It could be possible that after killing Hemraj, outsiders may have consumed wine there. There is a lot of evidence in this case which suggest Talwars have not committed crime," Mir said.
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