Sameer Buddha was just the kind of witness Indrani's lawyer Sudeep Pasbola dislikes. Someone, who had temporarily dumped his memory before entering the court. He answered most questions, one after another, one after another, one after another, with a monotonous, deadpan: 'I don't remember.' 'I don't remember.' 'I don't remember.'
Many pictures showed The Skeleton Named Sheena. For the purpose of the photographs, the skeleton had been re-assembled and looked straight at the camera.
When it came to his cross examination by Sanjeev Khanna's lawyer Niranjan Mundargi, Imtiaz Shaikh appeared to be afflicted by that peculiar gap-in-one's-memory or Choosy Memory Syndrome with his recall of other dates in his life, except those directly related with the murder, shaky or non-existent.
Rai said he failed to dispose of the gun on two occasions as he developed cold feet. He said he was arrested when he tried to get rid of the gun for third time.
'As Rai spoke, in an unbelievably dead pan, almost off-the-cuff tone, about helping plan the murder of two youngsters, drugging them with vodka and whiskey spiked with dava (medicine), smothering one, dragging a body in rigor mortis out of a car, burning a corpse, destroying evidence, and so on, it felt like he was discussing nothing more surprising than the intricacies of the weather.'
She continued to cry, harder, feebly dabbed her eyes with the handkerchief she had received, and declared painfully: "He is hurting my emotions!"
Then came the electrifying climax of Tuesday's hearing. Pasbola showed Sharma copies of cheques that had been deposited at the bank with Indrani's signature on them. He accused Sharma of forging Indrani's signature and collecting the money for herself. In the back Indrani stood up in the accused box and very pointedly nodded her head up and down and mouthed, "She did!".
Over the weekend and Labour Day, a change seemed to have come over the former secretary and her memory had all but deserted her. Not unexpectedly, Kajal Sharma had lost much of her exactness. Her vocabulary had shrivelled to four or five words.
Devulkar had a certain abnormal vagueness about him that was unreal and defied belief. That came across in both his slightly too easy-going, extra-cooperative manner and the ragged nature of his testimony.
'Who is the right Mekhail? Mekhail I or Mekhail II?'
Seeing Indrani in court with her perpetually sunny demeanour and beaming face is sometimes as unreal an experience as making sense of court delays.
Noise levels began to climb and everyone else in the room stared agape as the fracas escalated, including the trio of accused at the back. Peter, Sanjeev and Indrani stood at the edge of their enclosure craning to see the spectacle.
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.
It turned out that Indrani, who was wearing the Navratri Day 2 green, was fasting for the festival. That caused the impish CBI prosecutor Badami to ask her police detail, "looking for salvation?".
As the weeks go by in this trial, it has emerged that Shyamvar Rai is that rare species of driver whose knowledge of distances, directions and routes surprisingly would not even fill the back of a postage stamp.
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.
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."
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.
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?
It is not often that Goswami's Nation-Wants-to-Know shows become material evidence in a murder trial no less. Nor was it something CBI Special Judge J C Jagdale was wildly enthused about. It had to be done because as he put it to CBI Special Public Prosecutor Kavita Patil caustically: "Your witnesses gave interviews to channels about a serious crime."
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.
'I have strong reasons to believe that Accused number 4 (A4) Pratim Mukerjea with the assistance of other persons, including Accused no 3 (A3) turned approver Shyamwar Pinturam Rai may have conspired and abducted my daughter Sheena in 2012 and made her untraceable and subsequently destroyed evidence.'
'Dalvi, you are saying you asked a question, but don't remember the answer?' asks Pasbola incredulously. 'Yes.' 'You are lying.'
It is becoming more and more apparent that Shyamvar Rai is like an onion. And a pretty pungent one at that. As layer after layer of his life gets peeled off, in full view of the court, new layers of his character are exposed.
Ever since Indrani's bail plea was denied by the judge her security has been stepped up. The message was clear. If she felt that unsafe she could get all the security she needed. But in jail she stayed.
'With folded hands, on humanitarian grounds, if she can get temporary bail on medical grounds so she can get treatment.' 'If she dies, the whole trial gets derailed.'
'Could the Khar police and the CBI have tinkered with the driver's call data records?' 'And did their fiddling with the information not make it that they were tampering with the lives of people that were in the balance as a result of this case?'
After the wedding, Sheena and Mekhail did not meet again. Four or five months later she met her death. Mekhail referred to their last meeting without overt emotion, clear-eyed.
Tuesday was the last that Courtroom 51 saw of Shyamvar Rai, accused No 3 and approver in the Sheena Bora murder trial. True to form, Rai's final hours in the witness box were rather acrimonious. His cross-examination at several points turned downright ugly.
In the witness box, on bald embarrassing display, was not just Sub-Inspector Ganesh Dalvi, but the entire system of police investigation too.
If Pasbola seemed like he was testing Rai on his high school physics, Rai on the other hand, had relocated himself to a classroom of philosophy, offering beautifully inexact answers, arrived at after deep thinking.
The ripping off the lid, that Mekhail did, on the chain of episodes that lead up to his sister's murder, while condemning Indrani for her actions, for the first time, paradoxically, allowed a more human -- if flawed and complicated -- picture to emerge of Indrani, allegedly The Woman Who Killed Her Own Daughter and shocked a nation.
Pasbola wound up his cross examination, tabling a new narrative in the murder case. That Sheena Bora had been murdered not by her mother. But by her brother.
'I'm not withdrawing any allegations. I want those CDRs (Peter's call data records).' 'Those are my feelings.'
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?
Throughout, Mekhail spoke calmly, with hardly an inflection making even the barest attempt to hijack his tone. His tone was so empty it made his narrative all the more touching. And ugly and grey, as the monsoon sky beyond the window.
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.
After ten minutes no one could keep track of the legal team's questions on the geography of the route Sandeep Patil took on his Pulsar Bajaj motorcycle, on the morning of April 25, 2012. Not the judge. Or the onlookers. Least of all Patil.
'After Indrani's arrest did you go to the police and say I did this kind of forgery?'
'I ask for bail in the name of justice.' 'Give me a chance to stay alive and see the trial till its end.'
