The defence claimed that as per application dated June 14, 2008 of CBI, not only Krishna but other persons were also involved and that when Krishna was arrested and taken on remand he gave a voluntary disclosure statement confessing the double murders by kukri.

The order notes that the defence cited June 17, 2008 application of CBI filed before the magistrate that Krishna had admitted to have committed the double murders and then his custody remand was granted.

Lal said that if on May 15, 2008 at about 4:58 PM and 5:37 PM telephone calls were made by Krishna to Hemraj from Noida Clinic of Rajesh Talwar and at that time he was in his Hauz Khas Clinic and Nupur was in Fortis Hospital, then it cannot be said that they were planning to commit any crime.  

“One should not lose sight of the fact that Hemraj was also murdered on the intervening night of 15/16 May, 2008 and therefore, conspiracy between Hemraj and Krishna cannot be deduced by any stretch of imagination. There is no evidence that Rajkumar and Vijay Mandal were in contact either with Hemraj or Krishna,” he said.

The judge said it is not possible at all that at midnight, Krishna, Rajkumar and Vijay Mandal will come to the room of Hemraj and have liquor.

“If it was so, four glasses might have been found there but K K Gautam has stated before the I.O. that in only two glasses substance like alcohol was seen which has not been confirmed by any other evidence,” he said.  

The judge made it clear that “the prosecution story and its evidence will not receive a jerk and jolt because the erstwhile accused were not chargesheeted or put on trial as the jerk and jolt is not such as to upset and tilt the prosecution version against the accused and create any reasonable doubt in regard to their complicity in the ghastly crime”.

In the order, Lal said “it is possible in all human probability that both the accused may have created evidence of such a nature which may confuse the investigators”.