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Showing contexts for: SUSHMITA DEV in Pintoo Biswas And Anr vs State on 11 December, 2015Matching Fragments
2. The case of the prosecution as noticed by the trial court is as under:
"1. On 21.09.2008 at 09:25 hours, an information was received at Police Station Shakar Pur from Police Control Room regarding a quarrel at 87 A Kundan Nagra Gali no 1. On receiving the information, which was recorded as DD No. 10A ,S.P. Singh along with Ct. Pavindra no. 1599/E went to the spot i.e. House no 83 A I floor Kundan Nagar Laxmi Nagar, and found in the inner room between double bed and Almirah a dead body of a female with foam in her mouth and nose and strangulation mark on her neck. There was an extension cord wire lying near the dead body. The dead body was identified to be of Sushmita Dev w/o Sharad Bhatt, by Ms Lavanya B Jarwa, who was residing in the second floor of same house on rent and was working with deceased in EXL Service.com (I) Pvt Ltd Co. The servant of the deceased Manoj was found missing from the house along with his belongings. The senior officers were informed; Crime team was called; Tehrir was prepared by ASI K. P. Singh and was sent for registration of F.I.R. through Ct Pavindra. Inspector V.K.P. Singh reached at the spot and made inquiries from Ms Lavanya and Ms.Kavita the maid servant of the deceased Sushmita. On the basis of enquiry investigation was taken up further and accused were apprehended and they made a disclosure that they used an angochha for commission of the offence. During the investigation the mobile phone of make Nokia IMEI 352938102138498811 was recovered from Manoj which had Sim card of no 9800726845, and the purse of the deceased containing her passport, voter I card, pass book & chequebook etc and a ladies wrist watch & a mobile phone make Nokia IMEI no 354162022051338 with card of no 9733639007 were recovered from Pintoo. Accused Pintoo also got recovered the angochha allegedly used in the commission of offence. The cause of death as per postmortem report was asphyxia consequent upon ligature strangulation and as per subsequent report it was possible by the angochha recovered from the accused Pintoo."
26. Returning to the instant case in hand, it is an undisputed fact that the appellants were very well known to the deceased which has been proved by the deposition of PW-2 Yash Pal Jadeja (landlord), PW-7 Lavanya Barijwara (friend of deceased) and PW-8 Kavita (maid servant of deceased).
27. PW-7 Lavanya Barijwara, a friend of deceased who was living on the second floor, appeared in the witness box and deposed :
"xxxxxx One person namely Manoj, accused present in court (witness correctly identified accused Manoj) was engaged by Sushmita Dev for brining household articles. Manoj was engaged by Sushmita Dev, through a Rickshaw puller namely Pintu, the said Rickshaw Puller Pintu is present in the Court (witness correctly identified Pintu). Accused Pintu used to visit the house of Sushmita Dev and Sushmita Dev used to go market and other places by the Rickshaw of Pintu. xxxxxxxx On 20.9.08, during morning hours when I went to the room of Sushmita Dev, Kavita met me there and informed that she was having pain in her feet and expressed that she wanted to go to the hospital. Around 9 AM Kavita left for hospital. On that day, I proceeded for my office around 11 AM leaving Manoj and Sushmita Dev there at home. (emphasis supplied) I returned home from my duty around midnight."
PW-8 Kavita, Maid Servant of deceased supported the version of PW-7 Lavanya Barijwara and deposed that :
"xxxxxx I used to cook and clean the house and clothes etc. of Sushmita Dev. Accused Manoj present before the Court, was also residing there as servant. Lawaniya was also residing on the upper floor of the house of Sushmita Dev, however, Lawaniya used to share kitchen with Sushmita Dev during night hours. Myself and Lawaniya used to sleep in the room of Lawaniya. Manoj used to sleep during night hours on the bed lying outside the room of Sushmita Dev. Manoj used to look after the pet dogs of Sushmita Dev and used to go to market for bringing household articles. Sushmita Dev used to go for her job. In my presence, accused Pintu along with his associates had come to the house of Sushmita Dev on 17 or 18.9.08. I was directed to cook food for them. Due to curiosity I tried to know as to who they were when Sushmita Dev informed me that one was Pintu, a rickshaw puller and another was his relative. Pintu and his associate spent two nights at the house of Sushmita Dev and thereafter during morning hours they went to search for a room and they did not return thereafter, in my presence. Manoj remained with us at the house of Sushmita Dev. On 19.9.08 it was Saturday. Around 9 AM after taking lunch etc. with Sushmita Dev, Lavinia and Manoj, I proceeded for hospital as I was having swelling in my leg. I returned home from hospital around 3 PM and found the room of Sushmita Dev as well as Lavinia locked." (emphasis supplied)