TALVAR

TALVAR- THE SHRUTI TANDON CASE
INTRODUCTION:
This was a twin murder case of a daughter named Shruti Tandon and a domestic help
Kempal. “Who killed Shruti Tandon?” was really a toughest question to solve for the
police and to the judiciary. It can even be said that the murder case is still unsolved mystery
like many other cases.
Fourteen-year-old Shruti was found dead inside her room at the Tandon’s Noida residence in
Delhi in March 2008. She was found dead with her throat slit.
It was initially suspected that 45-year-old Kempal, who was employed as a domestic help at
the Tandon’s home, was behind Shruti’s murder. However, two days after Shruti was found
dead, Kempal's body too was recovered from the terrace of the house.
The Central Bureau of Investigation took over the case after the Delhi Police came under
immense criticism for its probe into the double murder case.
FACTS OF THE CASE:
On 15th March, 2008 Shruti Tandon’s body found dead in her room with a slit in her throat at
her Noida residence. One Ms. Bharati who does cleaning and other chores in the house,
usually Kempal opens the door for her. She had come to the house on the day of occurrence,
but Kempal was missing and later Mr. & Mrs. Tandon and Bharati found Shruti dead on her
bed. Later, Police had visited the murder scene and took pictures of the dead body and other
crucial things in the house. At this point, the primary suspect was Kempal as he was missing.
However, Kempal’s dead body was found from the terrace of the same house. This dead body
was found when the family members of Shruti went to terrace to put the bed under the sun,
there they saw blood stains on the lock of the terrace and also on the side handle of the stairs.
When keys were asked by police, the parents said they don’t have it. Later, when the lock
was opened they found the decomposed dead body and a blooded hand print on the wall of
the terrace.
After the discovery of the decomposed dead body of Kempal the possibility of Him being the
suspect in the murder of Shruti Tandon was ruled out and the prime suspects were now
Shruti’s parents.
These are the facts of the murder and from now the police started the investigation. They
have sent the pictures of dead bodies, hand prints to the forensic lab. But it can even be
perceived that Police were very casual in collecting the evidences. We can even see in the
film that a huge crowd was present in and around the crime scene. The police did not cordon
off the crime scene immediately, and many people, including the media, were freely roaming
in the apartment without any permission.
The police have developed two theories for the motive of Ramesh Tandon to murder Shruti
and Kempal:
1) Ramesh Tandon murdered the two in a fit of rage seeing the deceased in a compromising
position on the fateful night. OR
2) Kempal blackmailing Ramesh about his alleged extra marital affair with Anita with whom
they shared the Noida Dental clinic and Kempal confronting the same to Shruti.
These allegations weren’t taken lightly by the Tandon family. They claimed the police were
trying to frame them as the killers to cover up how badly they’d handled the investigation
before turning it over to the CBI. One more crucial point found by the Police is that the
parents of the deceased have said the time of death when asked by the priest at the time of
last rites.
The case was handed over to CBI. Initially, they investigated the parents. Their new suspects
became the Tandon’s assistant, Krishna, and two servants, Rajkumar and Vijay Mandal.
What seemed clear to the CBI was that this was an insider job. Whoever killed Shruti and
Kempal had access to the home as there were no signs of forced entry and the property’s gate
was locked from the outside.
LAWS APPLYING TO THE CASE:
In the present case Indian Penal Code, 1860 Indian Evidence Act, 1872 and Criminal
Procedure Code, 1973 plays a major role. The case mainly involves Section 302, 201, 34 of
IPC and Sections 45, 65B, 8, 106, 114, 110 of Evidence Act. Further, the case is all about
Circumstantial Evidence as there was no direct evidence or eye witness to the case. The
application of the said provisions will be explained in the foregoing heads.
A. INDIAN PENAL CODE, 1860:
 Section 302:
It deals with the punishment to whoever commits the crime of murder. Instant case involves
the murder of two people namely Kempal and Shruti Tandon. Therefore, the provision is
relevant and crucial to the case.
 Section 201:
Its deals with the punishment for causing disappearance to the evidence of the offence. In the
present case, the parents have destroyed or caused to disappearance to the evidence. It was
found in the investigation that the parents have concealed or destroyed the evidence. It has
been inferred that the Couple not only committed the heinous crime of murdering their
daughter and the domestic help but also destroyed the evidence. The Couple had the
exclusive opportunity to commit the offence and had enough time at night to destroy the
evidence.
 Section 34:
It deals with common intention to commit an offence by two or more people. In the present
case, the couple had jointly with a common intention has committed the offences under
Section 302 and 201.
B. INDIAN EVIDENCE ACT, 1872:
 Section 8:
It deals with the motive, intention, preparation and conduct of the party. It includes the
conduct of parties subsequent to the occurrence is relevant if it is influenced by the fact in
issue.
In the present case, it can be inferred from the statement of the maid Bharati that Nutan told
her was a made up story or it was preplanned and it lacked spontaneity. This subsequent
conduct made by her is relevant under Section 8 of the Evidence Act, 1872.
 Section 45:
 Circumstantial Evidence:
If all the circumstances and the evidence on those basis point towards the guilt of the accused
and there is no possibility of any other alternative hypothesis then in such a situation only the
accused can be convicted solely on the basis of circumstantial evidence.

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TALVAR- THE SHRUTI TANDON CASE

FACTS OF THE CASE:

A. INDIAN PENAL CODE, 1860:

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