The 25 odd witnesses that so far had given testimony had not come up with anything incriminating against Peter or the way Shivade characterised it -- "not even a whisper."
Dramatic minutes like the sentencing by a judge or a round of artful cross examination hog all the attention in a courtroom. But more noteworthy and infinitely more memorable are the human moments -- Like when a brother and sister hug before a judge. Or the steady support between a husband and a wife in court.
In walked the scruffy band of pirates, without any swagger. Mostly tall or burly men, with weather beaten, resigned faces, the majority were dressed in track pants and tees; a few had skull caps. Some of their T-shirts had messages like 'I'm not in danger, I'm danger' or 'Long Beach California Surfer'.
In another twist in the Sheena Bora murder case, bone samples of her charred body collected in 2012 were found by forensic experts to be not matching those obtained from the remains which were exhumed recently.
Why had the CBI decided to have Waghmare tell the court the tale surrounding this odd trip to Kolkata made for even odder reasons, close to a year-and-a-half after Sheena's murder? To show the kind of person Indrani was? And that the murder of her daughter was not a heat of the moment crime, given Indrani was capable of other odd, suspicious, premeditated acts like this?
The Mukerjeas' former driver could remember every detail of Sheena Bora's alleged murder five years ago, including on what day he took Indrani to the beauty parlour, and the brands of liquor he bought, but was unable to recall anything subsequently or more recently...
Early on Friday morning, the team of police officials and forensic experts from Mumbai had reached Gagode Budruk village in Pen teshil and the digging had started around 6 am.
'At the back of the courtroom the three accused sat trying to catch the drift and fathom the new, inexplicable turn the case could be taking.' 'And the consequences it might have on their lives.'
There it lay, a photograph on the desk under a stapler, and later a stamp pad, forgotten, done with, like its subject, a Mumbai Metro One employee who vanished overnight.
Finally to end the dispute, Sharma threatened to show her shoes. Pasbola declared regally that he would like to forgo that particular honour. Sharma ignored him. Instead, she bent down, took off her shoe and triumphantly held her prize aloft, and said delightedly, "Yeh dekhiye! (Have a look!)"
The question being silently telegraphed around the court room was: When did this happen? Wasn't this trial about Indrani murdering her daughter to prevent her from marrying Rahul Mukerjea, her husband Peter Mukerjea's son from his first marriage?
Lawyer Amit Ghag got up to tell the judge that Shrikant Shivade -- Salman Khan and Peter Mukherjea's lawyer -- would take a morning flight from Jodhpur to Mumbai and would be in court by 3 pm on Friday to cross-examine Sub-Inspector Dalvi. For a moment, Judge Jagdale looks startled. "But isn't he caught up with that case in Jodhpur?" the judge asked.
Clusters of policemen and television journalists alertly anticipated the arrival of Mumbai's joint commissioner of police, who, it was confirmed by most people I asked, does not visit court often. No one could remember when they had last heard of Deven Bharti appearing as a witness in a murder trial.
That answer, the strangest of all till date in this courtroom, set off a ripple of excitement, surprise and muted amusement among those present, including Accused No 1 Indrani Mukerjea.
'I kept photographs of everyone. Because I was working for them.' 'Madam, Saab...' Shyamvar Rai, the approver in the case, said in a tone that tried to suggest that that would be a routine practice for a driver.
Though on the face of it appeared Pasbola was asking a series of odd questions that would be difficult for anyone to answer, there was, it gradually emerged, it seemed, a method to the questioning. Somehow, somewhere instinctively, Pasbola knew there was something not right with Riyaz's account.
'Give him a chance to live,' Peter's lawyer told the court.
'Who is the right Mekhail? Mekhail I or Mekhail II?'
Judge Jagdale halted Dr Gupta's testimony several times because he felt it had neither order nor direction. Tightly controlling his irritation, his lips compressed, the judge explained as patiently as he could: "What he has done in this case should come (out in his testimony) in a lucid manner. You eat chapati and then rice. You cannot eat half a chapati and then have rice and then eat half a chapati..." "He is not a witness of facts. He is an expert witness. Either he is not prepared. Or you are not prepared."
The lesson Waghmare sternly received on Monday from CBI Investigating Officer K K Singh and CBI Prosecutor Bharat Badami about the way a witness must answer questions from the defence seemed to have had only a marginal effect on him. On Tuesday the timid former office boy still chose, unpredictably and remarkably, to answer many a question in the manner of his choosing. He told the room categorically that he had asked Indrani's former secretary Kajal Sharma not to forge Sheena Bora's signature on her resignation letter.
The attempts to unearth the document started getting more and more frantic. The clerks began to flip pages of files full of documents, some hand written, some bearing thick seals or multiple stamps, some in Hindi, some in Marathi. Several junior lawyers joined in, perusing different files and dockets. But in spite of the best of efforts the document was not to be found.
'It is perhaps kind of easy to see why Peter and the police clash.' 'The obvious air of entitlement that emanates from him, maybe unknowingly, probably gets the goat of the policemen.'
Back to Sheena Bora's grave, via e-time travel
Sources said the police found a blood-soaked message: 'Tired of her, catch and hang me', written on the floor of the flat near Deepali's body, with a smiley emoticon.
Mekhail hopped off the bench in a hurry and turning his back to Indrani, stood at the window. Indrani ignored him too. Mekhail is getting married later this year. His mother will, of course, not be in attendance. Nor, of course, would he want her to be there, if she could.
Peter said he needed a broom to sweep his cell because, he joked, there are no vacuum cleaners in jail.
Trepidation made its home firmly on his face on Thursday, announcing its presence with lines of anxiety and the repeated jumpy widening of his eyes.
One always ponders over why the witnesses should not have poor memory when answering cross examination questions or recounting events that occurred six years ago. Too many witnesses seemed to have drunk some Harry Potter-esque Philosopher's Stone magic elixir that has Botoxed their fading memory to make it as good as new again.
'Quite the raconteur, much to the dismay of Courtroom 51's CBI Special Judge Jayendra Chandrasen Jagdale, Christopher 'Doglis' Marquis, a Bandra dog-breeder who was Prosecution Witness No 57 and a panch or witness, seemed to move into the witness box with glee, embellishing every answer that he gave to the lawyers' questions with a variety of additional details.' Vaihayasi Pande Daniel reports from the Sheena Bora murder trial.
Indrani exclaimed excitedly, her face lighting up like a little girl's: "I know him soo0o well." Sanjeev Khanna, Accused No 2, jokingly suggested to Badami: "Influencing the witness!" Badami retorted good humouredly: "She can't influence witnesses. She can only influence you and Peter."
In the 25 odd days that he has appeared before CBI Special Judge Jayendra Chandrasen Jagdale, you have experienced the entire range of emotions just observing him. Everything from pity to irritation. To bafflement. And shock. You have scoured his face, gazed into his eyes, watched his expressions and body language, searching vigilantly for motives. And come away no wiser. Who is Shyamvar Rai? Does anybody know?
Without a moment of hesitation, Rai jumped up on his rickety wooden stool in the witness box. He then drew his legs close to his body and wrapped his arms around his knees and finally tucked his head into his knees demonstrating the fetal position.
He is, at the closing of 2018, a man quite different from the Peter Mukerjea who entered judicial custody three-and-a-half years ago. He is a man not yet convicted of a crime, but already suffering for it, like the hundreds that enter these courts every day and the thousands Peter shares jail space with in a central Mumbai prison.
How much more gray or bald would Inspector Alaknure have become when we see him next? Will Peter still be wearing white shirts and khaki trousers and eating large lunches? Will Judge Jagdale be still in charge of the case? Who will be the prime minister when Alaknure appears in court next?
Singh and Badami subsequently took Waghmare to a corner of the corridor outside, where others have no access, and gave him a lecture. The conversation was largely inaudible, except for a phrase here or there. The thrust was unmistakable. Waghmare had to learn not to give such detailed answers to the defence.
TRPs have a better affinity for Karti Chidambaram and his alleged timely assistance to INX Media, the company Peter and Indrani once ran, than the more recent murder of a 25-year-old woman.
Citing 'frail' health, Chidambaram also said he is not 'accustomed' to food given to him in the jail and has lost 4 kg weight during judicial custody.
'You don't want to admit that it is your wife in the video because she said you were arrested on Wednesday (August 19; Shyamvar Rai states he was arrested on August 21, a Friday).'
As Indrani, Sanjeev Khanna and Peter pass cupboard no 6 -- where the skull is stored -- what thoughts pass through their mind?
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