Forensic Science, 2nd Internal
Forensic Science, 2nd Internal
Forensic Science, 2nd Internal
Topic
‘RECOVERING EVIDENCE FROM THE ASHES: UNDERSTANDING THE
IMPORTANCE OF FORENSIC INVESTIGATION THROUGH THE TANDOOR
MURDER CASE’
DIVISION: D
PRN: 21010125366
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Forensic Science Int 2
CONTENTS
ABSTRACT-........................................................................................................................................2
INTROUCTION & SIGNIFICANCE -.............................................................................................3
STATEMENT OF PROBLEMS.........................................................................................................5
LITERATURE REVIEW...................................................................................................................6
FINDINGS AND DISCUSSION.........................................................................................................8
FACTS OF THE CASE ..................................................................................................................8
CRITICAL ANALYSIS –..................................................................................................................10
CONCLUSION AND SUGGESTIONS -.........................................................................................12
RESEARCH OBJECTIVES:............................................................................................................13
RESEARCH QUESTIONS:.............................................................................................................14
RESEARCH HYPOTHESIS:...........................................................................................................14
RESEARCH METHODOLOGY:....................................................................................................14
REFERENCES :................................................................................................................................15
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Forensic Science Int 2
ABSTRACT-
The Tandoor Murder Case, an infamous forensic investigation that transpired in 1995 and
entailed the heinous murder of Naina Sahni by her spouse Sushil Sharma, underscores the
critical significance of forensic science within the domain of criminal justice. This paper
provides a thorough examination of the case from a forensic standpoint, emphasizing the
importance of DNA profiling, autopsy procedures, ballistics analysis, and crime scene
investigation in establishing Sharma's guilt. Although the case has been successful, it is clear
that there are systemic challenges within India's forensic landscape, such as deficiencies in
infrastructure and procedural standards. This paper highlights the importance of forensic
evidence in solving criminal cases and promoting justice, supporting the need for
improvements to make forensic procedures more reliable and effective.
Keywords: Forensic science, Tandoor Murder Case, DNA profiling, Ballistics analysis,
Criminal investigations, Justice.
1
Ibid
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Forensic Science Int 2
2
Kanu Sarda"Tandoor murder case: Sushil Sharma walks free after 23 years," The New Indian Express
(December 22, 2018).
3
Rajguru, S., 2024. Impact of DNA Evidence in Criminal Investigations and Courtroom Proceedings. Available
at SSRN 4753118.
4
SCIENCE STRUCK, https://sciencestruck.com/locards-exchange-principle-in-forensic-science (last visited 4th
May 2024)
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Forensic Science Int 2
The Tandoor Case 5was the pioneer in presenting the results of forensic science-
based techniques in the court of law to establish the guilt of the offender This paper
aims to analyze this case from a forensic rather than legal perspective and present
how forensic techniques helped assess the evidence during the case which ultimately
led to the conviction of the perpetrator.
STATEMENT OF PROBLEMS
1. Importance of Forensic Science in the Tandoor Case: The Tandoor Murder Case
represents a significant milestone in forensic investigation, showcasing the
indispensable role of forensic science in unraveling complex criminal cases. However,
despite its pivotal role in securing Sushil Sharma's conviction for Naina Sahni's
murder, India's forensic landscape grapples with systemic challenges such as
inadequate infrastructure and procedural standards, raising concerns about the
reliability and effectiveness of forensic practices.
5
Sushil Kumar Sharma v. Union of India and Ors., (1997) 5 SCC 536.
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Forensic Science Int 2
4. Inadequate Structural Provisions in India: The Tandoor Case sheds light on wider
inadequacies within India's forensic sector, encompassing deficiencies in
infrastructure, procedural standards, and legislative frameworks governing forensic
science. Despite its critical role in criminal investigations, India's forensic sector
contends with challenges such as limited resources, obsolete technology, and a lack of
standardized practices. Rectifying these structural deficiencies is essential to bolster
the credibility and efficacy of forensic evidence in court proceedings and uphold the
principles of justice and accountability within India's legal system.
LITERATURE REVIEW
1. "The Tandoor Murder Case – Case Comment “6-This paper analyses the Tandoor
Murder Case, specifically investigating the legal dimensions of conspiracy,
destruction of evidence, and aiding offenders as outlined in the IPC. It critices the
decision to reduce Sharma's death penalty, emphasizing the atrocious and deliberate
character of the murder. The paper also highlights deficiencies in the judicial system,
such as procedural delays and the potential for political interference. Nevertheless, the
research fails to investigate the structural elements that contribute to domestic
violence or offer a comparative analysis to situate the Tandoor Murder Case within
the broader framework of gender-based violence in India.
2. “Tandoor murder case: When a Congress leader killed his wife, stuffed her body in
a tandoor and set it on fire7”: This article delves into the Tandoor Murder case, which
centers on the killing of Naina Sahni. The analysis thoroughly examines the case,
including the motive for the murder, the investigation method, and the trial processes.
Furthermore, it highlights the need of using forensic evidence, such as DNA
testing, in the case. To improve the piece, it would have been advantageous to
include a more thorough analysis and discourse of the case, considering the diverse
social and cultural aspects at play.
6
Banerjee, Anwesha. "The Tandoor Murder Case – Case Comment." International Journal of Legal Science and
Innovation 1, no. 2 (2019): 1. ISSN: 2581-9453
7
Shraddha Pandey, Tandoor murder case: When a Congress leader killed his wife, stuffed her body in a tandoor
and set it on fire, OPINDIA (Feb. 19, 2023), https://www.opindia.com/2023/02/the-tandoor-murder-case-of-
naina-sahni-byhusband-sushil-sharma/.
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3. “The Tandoor Murder: The Crime That Shook the Nation and Brought a
Government to Its Knees”8- This book is authored by the police officer in charge
for the investigation of the case. The book provides in-depth analysis of the case,
ignoring the media's coverage during the proceedings. The book contains lesser
known details about a gruesome murder in Indian history, including the indifference
of Sahni's parents, the cunning behavior of Sushil Sharma, and the media frenzy
surrounding the case. According to Pereira, evidence gathering was the challenging
aspect of the case.A potential limitation is that the opinions in the book may be biased
and may not depict the exact reality as it is written from memory and through a
person's interpretative lens.
6. “ Behind Bars: Prison Tales of India’s Most”11 - The book provides a comprehensive
account of India's most notorious criminals and their experiences in prison. Sushil
8
MAXWELL PEREIRA, THE TANDOOR MURDER (Context Publishing House 2018)
9
Kaur, A., Jamal, F., Shikha, Ramesh, A., Sojan, A. and Dileep, D., 2021. Collection, Preservation, and
Packaging: Forensic Evidence Management. Crime Scene Management within Forensic science, pp.51-105.
10
Ghose, Snigdha, From Scorches to Evidence: A Forensic Study of the Tandoor Murder Case (June 4, 2023).
SSRN: https://ssrn.com/abstract=4468681
11
Choudhury, Sunetra. Behind Bars: Prison Tales of India's Most Famous. Lotus Collection/Roli Books, 2017.
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Forensic Science Int 2
Sharma, also known as "Tandoor Sharma," shares his experience transitioning from
a successful politician to life behind bars with fellow criminals. Sushil's meticulous
planning during his 21 years in jail sets this book apart from others of its kind. He has
made several comments about how the prison and its authorities operate. The book
uncovers shocking and true incidents shared by prisoners. The book discusses the
class disparity within the prison system.The book does not delve into the cruel nature
of the crime of Sushil Sharma , and rather focuses only on his reformation .
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13
Ghose, Snigdha, From Scorches to Evidence: A Forensic Study of the Tandoor Murder Case (June 4, 2023).
SSRN: https://ssrn.com/abstract=4468681
14
Bukyya, J.L., Tejasvi, M.L.A., Avinash, A., Chanchala, H.P., Talwade, P., Afroz, M.M., Pokala, A., Neela,
P.K., Shyamilee, T.K. and Srisha, V., 2021. DNA profiling in forensic science: A review. Global medical
genetics, 8(04), pp.135-143.
15
CENTRE FOR CELLULAR & MOLECULAR BIOLOGY, https://www.ccmb.res.in/ (last visited May 7,
2024)
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that this was the cause of her demise.This is the first case in India where
DNA fingerprinting was used for investigation.16
4. BALLISTICS- The investigation led to analyzing the bullets, cartridge
cases, and lead bullets found on the deceased's body. Additionally, live
cartridges and an Arminus revolver were seized from the possession of the
accused, Sushil Sharma. An expert in ballistics analyzed the items and
verified that the Arminus revolver was a firearm and had been discharged.
17
The expert concluded that the five cartridge cases and one lead bullet
found at the flat in Mandir Marg, along with the two lead bullets
recovered from the deceased's skull and neck, were all fired from the
same revolver. The specialist also proposed that the presence of a hole on
the plywood piece may have been a result of the lead bullet.18
5. THE COURT’S DECISION & CONVICTION - In 2003, Sushil
Sharma was found guilty of murdering his wife, Naina Sahni, under
Section 302 of the IPC. The Delhi HC upheld the conviction and the death
penalty of the District Court . The Supreme Court reviewed the case in
2014, evaluating factors such as the crime's brutality, motive, and potential
for reformation. The Supreme Court commuted Sharma's death sentence to
a different punishment, and the possibility of rehabilitation.19
CRITICAL ANALYSIS –
• The Sushil Sharma case exemplifies the critical role that forensic science
assumes in securing convictions, while also drawing attention to the systemic
challenges that exist within the forensic domain of India. Despite the critical
importance of forensic evidence in this particular case, it highlights the
pervasive issues that plague forensic investigations across the nation.
16
ibid
17
Khan, G.F. and Ahad, S., 2018. Role of Forensic Science in Criminal Investigation: Admissibility in Indian
Legal System and Future Perspective. International Journal of Advance Research in Science and
Engineering, 7(4), pp.220-234.
18
Ghose, Snigdha, From Scorches to Evidence: A Forensic Study of the Tandoor Murder Case,
https://ssrn.com/abstract=4468681
19
Sushil Sharma vs. The State (NCT) of Delhi, (2014) 4 SCC 317.
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22
Ibid
23
MUKESH & ANR V. STATE (NCT OF DELHI) & ORS (2017) 6 SCC 1
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identifying the perpetrators and securing their convictions. This highlights the
critical role that forensic science plays in combating criminal activity and
ensuring that victims receive justice.
• This also necessitates a more sophisticated forensic infrastructure in order to
combat new age crimes; this should be the immediate focus of efforts.
• The Sushil Sharma case underscores the importance of forensic science in the
realm of criminal investigations and underscores the urgent need for India's
forensic system to undergo reform and improvement. To ensure justice for all
and enhance the dependability and efficacy of forensic evidence, it is
imperative to address challenges including inadequate infrastructure, absence
of standardized procedures, and absence of specific legislation.
• The Tandoor Murder Case stands as a stark reminder of the critical role forensic
science plays in unraveling the truth and delivering justice. Through meticulous
analysis and examination of forensic evidence, including DNA profiling, ballistics
analysis, and crime scene investigation, the case exemplifies how forensic science
serves as the backbone of criminal investigations, providing crucial insights that lead
to the conviction of perpetrators.
• However, the case highlights structural issues in India's forensic landscape, such as
gaps in infrastructure and procedural norms. These difficulties impede the
effectiveness of forensic investigations and highlight the critical need for reforms to
strengthen the system.
SUGGESTIONS -
24
Dr. Ambily P & Ashna D, ‘Faulty Foundations: A Socio-legal Critique of the Regulation of Forensic Science
Laboratories in India’ (2021) 7(2) NLUJ L Rev 191, https://ssrn.com/abstract=4687612
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By implementing these reforms, India may improve its forensic capabilities while also
upholding the ideals of fairness, accountability, and justice in its criminal justice system,
ensuring that crimes such as the Tandoor Murder Case are thoroughly investigated and
criminals brought to justice.
RESEARCH OBJECTIVES:
1. To critically analyze the role of forensic science in the Sushil Sharma case
and its impact on securing the conviction of the perpetrator.
2. To evaluate the systemic challenges within India's forensic landscape,
including deficiencies in forensic investigation procedures and
infrastructure.
3. To examine the significance of forensic evidence in addressing unresolved
criminal cases and promoting justice in Indian society.
4. To assess the need for reforms and improvements in India's forensic
system to enhance the reliability and efficacy of forensic evidence in
criminal proceedings.
25
Pokhariyal, P. and Dubey, D., 2023. The Imperative of Forensic Justice in Modern Legal Systems: A
Comprehensive Analysis. Forensic Science and Human Rights, p.3.
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RESEARCH QUESTIONS:
1. How did forensic science contribute to the investigation and prosecution of
the Sushil Sharma case?
2. What are the systemic challenges within India's forensic landscape, and
how do they impact the effectiveness of forensic investigations?
3. What is the significance of forensic evidence in addressing unresolved
criminal cases and promoting justice in Indian society?
4. What reforms and improvements are needed in India's forensic system to
enhance the reliability and efficacy of forensic evidence in criminal
proceedings?
5. How can lessons learned from the Sushil Sharma case be applied to
improve forensic practices and procedures in India.
RESEARCH HYPOTHESIS:
1. Forensic science significantly contributed to Sushil Sharma case
investigation and prosecution.
2. Systemic challenges in India's forensic landscape negatively impact
forensic investigations.
3. Forensic evidence is crucial in addressing unresolved cases and promoting
justice.
4. Reforms needed to enhance forensic evidence reliability and efficacy.
5. Lessons from Sushil Sharma case can improve forensic practices and
procedures.
RESEARCH METHODOLOGY:
a. The research was carried out utilizing doctrinal research, which comprised the
examination of pertinent information from both primary and secondary
sources, such as bare acts, journal articles, and reports available on
SCCOnline, Manupatra, LexisNexis, and HeinOnline, all of which are
accessible via online research. The Tandoor case judgment extended the
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Forensic Science Int 2
REFERENCES :
• ARTICLES
1. Dr. Ambily P & Ashna D, ‘Faulty Foundations: A Socio-legal Critique of the Regulation of
Forensic Science Laboratories in India’ (2021) 7(2) NLUJ L Rev 191
2. Pokhariyal, P. and Dubey, D., 2023. The Imperative of Forensic Justice in Modern Legal Systems: A
Comprehensive Analysis. Forensic Science and Human Rights
3. Dr. Ambily P & Ashna D,‘Faulty Foundations: A Socio-legal Critique of the Regulation of Forensic
Science Laboratories in India’(2021) 7(2) NLUJ L Rev 191,
SSRN: https://ssrn.com/abstract=4687612
4. CENTRE FOR CELLULAR & MOLECULAR BIOLOGY, https://www.ccmb.res.in/ (last
visited May 7, 2024)
5. Khan, G.F. and Ahad, S., 2018. Role of Forensic Science in Criminal Investigation: Admissibility in
Indian Legal System and Future Perspective. International Journal of Advance Research in Science and
Engineering, 7(4), pp.220-234.
6. Ghose, Snigdha, From Scorches to Evidence: A Forensic Study of the Tandoor Murder Case,
https://ssrn.com/abstract=4468681
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Forensic Science Int 2
7. Bukyya, J.L., Tejasvi, M.L.A., Avinash, A., Chanchala, H.P., Talwade, P., Afroz, M.M., Pokala, A., Neela,
P.K., Shyamilee, T.K. and Srisha, V., 2021. DNA profiling in forensic science: A review. Global medical
genetics, 8(04), pp.135-143.
8. Shraddha Pandey, Tandoor murder case: When a Congress leader killed his wife, stuffed her body in a
tandoor and set it on fire, OPINDIA (Feb. 19, 2023), https://www.opindia.com/2023/02/the-tandoor-
murder-case-of-naina-sahni-byhusband-sushil-sharma/.
9. Kaur, A., Jamal, F., Shikha, Ramesh, A., Sojan, A. and Dileep, D., 2021. Collection, Preservation, and
Packaging: Forensic Evidence Management. Crime Scene Management within Forensic science, pp.51-
105.
10. Rajguru, S., 2024. Impact of DNA Evidence in Criminal Investigations and Courtroom
Proceedings. Available at SSRN 4753118.
12. Banerjee, Anwesha. "The Tandoor Murder Case – Case Comment." International Journal of Legal
Science and Innovation 1, no. 2 (2019): 1. ISSN: 2581-9453
13. Mathew, A., 2021. Use of Forensic Evidence in Indian Murder Trials. Indian JL & Legal Rsch., 2, p.1
• BOOKS
1. Maxwell Pereira, The Tandoor Murder (Context Publishing House 2018)
2. Choudhury, Sunetra. Behind Bars: Prison Tales of India's Most Famous. Lotus
Collection/Roli Books, 2017.
• CASE LAWS
1. Sushil Kumar Sharma v. Union of India and Ors., (1997) 5 SCC 536.
2. Sushil Sharma vs. The State (NCT) of Delhi, (2014) 4 SCC 317.
3. MUKESH & ANR V. STATE (NCT OF DELHI) & ORS (2017) 6 SCC 1
16