NUPUR TALWAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Dileep Kumar, Sri Tanvi Ahmad Mir, Sri Rajrshi Gupta, Sri Aditya Wadhwa and Sri Dhruv Gupta, learned counsel for the appellants, Sri Anurag Khanna, Senior Advocate assisted by Sri Ronak Chaturvedi, Sri R.K. Saini, Sri Raghav Dev Garg and Sri Hridesh Batra learned counsel for the CBI, Sri Awadhesh Narayan Mulla, Sri Saghir Ahmad, Sri J.K. Upadhyay and Kumari Meena, learned A.G.As., Smt. Manju Thakur and Syed Hasan Shaukat Abidi, State Law Officers for the State and perused the entire lower Court record.

(2.) These two criminal appeals have been preferred by the appellants Dr. Nupul Talwar and Dr. Rajesh Talwar under Sec. 374(2) of the Crimial P.C., against the judgement dated 25.11.2013 and order dated 26.11.2013 passed by Shri Shyam Lal, Learned Additional Sessions Judge and Designated Judge under the P.C. Act, Ghaziabad in Sessions Trial No. 477 of 2012 (State of U.P. through CBI Versus Rajesh Talwar and another) arising out of RC No. 1(2)/2008/SCR-III/CB/New Delhi, by which both the appellants have been convicted and sentenced to rigorous imprisonment for life and a fine of Rs. 10,000.00 each under Sec. 302/34 IPC, five years rigorous imprisonment and a fine of Rs. 5000.00 each under Sec. 201/34 IPC. In addition Dr. Rajesh Talwar appellant in Criminal Appeal No. 294 of 2014 has been convicted and sentenced to one year simple imprisonment and a fine of Rs. 2000.00 under Sec. 203 IPC. All the sentences were directed to run concurrently.

(3.) The prosecution case as emerging out from the perusal of the facts stated in the FIR of this case which was lodged by appellant Dr. Rajesh Talwar himself and as later testified by the prosecution witnesses who were examined during the trial for proving the guilt of the accused, defence witnesses and the statements of the accused-appellants recorded under Sec. 313 Crimial P.C., are that the appellant Dr. Rajesh Talwar successfully completed his master's course in Prosthetic Dentistry while appellant Nupur Talwar successfully completed her post graduation in Orthodontics and both started practicing in their clinic situated in C-42 Hauz Khas and several other hospitals. The marriage of the appellants was solemnized in the year 1989 and the appellants started residing at A-1/143, Azad Apartments, Aurobindo Marg, New Delhi. Appellant Nupur Talwar gave birth to a female child Aarushi at Sir Ganga Ram Hospital. Thereafter, on account of the fact that mother of Dr. Rajesh Talwar had already expired, in order to give great love and affection to the newly born Aarushi, they decided to buy a flat bearing Flat No. L-32 in Jalvayu Vihar, Noida, the primary consideration being its close vicinity to the flat in which Aarushi's grandparents and Dr. Nupur Talwar's parents Group Captain B.G. Chitnis (Retd.) and Smt. Lata Chitnis were residing which would facilitate a better upbringing of Aarushi.