Contending the CBI's surgical scalpel theory, Tanveer Ahmed Mir, counsel for Rajesh and Nupur Talwar, told the special CBI court here that Naresh Raj and Sunil Dohre, who conducted post mortem examination on the victims, never said in their previous statements that the duo's throats were slit using surgical scalpel.
The lawyer for the dentist couple told the court that it was an after thought as the agency had never come with this theory before October 2009.
The lawyer also rejected the report of CFSL expert MS Dahiya, saying that he prepared his report on the basis of photographs of the deceased.
Dahiya had said that Aarushi and Hemraj's throats might have been slit by surgically trained person, he argued.
"CBI on October 29, 2009 had sent a notice under Section 91 of CrPC to Talwars to produce golf clubs before it. On receiving the notice, Talwars provided a set of 12 golf clubs to CBI officer on October 30, 2009. So, why didn't probe officer AGL Kaul asked Talwars for producing surgical scalpel, which is used by the dentists," Mir told the court.
"Probe officer Kaul in his statement admitted that he never bought scalpel from the market to see how it looks. Despite this, Kaul made this theory. Besides, CBI has not recovered any scalpel from Talwars," Mir told court.
The lawyer said that dentist and defence witness Dr Amulya Chadda had during his testimony told the court that deep injuries can't be made by using scalpel number 15.
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