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4. PW2 Yash Pal Jadeja stated in evidence that he had given on rent the first floor of his house to Sushmita Devi, who was a resident of West Bengal. After three months of having taken the portion on rent Sushmita introduced him to Lavanya, who took top FIR No. 473/08, PS. Shakar Pur Page 3 of 42 St. Vs. Pintoo Bisbas etc. floor of the house on rent. The two women shared the kitchen. He deposed that Sushmita had employed a servant named Manoj three four months after she started to live in the house, who used to look after the two dogs of Sushmita. He also said that accused Pintoo used to park his rickshaw in front of his shop and he used to take Sushmita to market etc on his rickshaw and also used to visit Sushmita's house. Pintoo and Manoj also used to talk to each other. He says that on 20/09/2008 he saw Manoj and Pintoo and another person going with a bag. On inquiry Pintoo told him that he was going to drop his friend to Railway Station. Next morning he came to know that Sushmita Dev was murdered. Manoj and Pintoo did not return after that. In his cross he stated that he had given the rent agreement with Sushmita to the police, which got exhibited as Ex PW2/DA. Regarding Lavanya he said that no rent agreement was executed because she had come through Sushmita and that the antecedents of the two were not got verified. He denied that some Kumar used to visit the house of the deceased. He stated that Sushmita used to come to his shop to give rent and that the two women used to purchase eatables etc from his shop, which either they used to take themselves or accused persons used to take the same. The witness categorically denied that he himself used to go to their house either to take rent or to supply the eatables and also denied that his servants used to supply the articles. It was thus clarified by the witness that none of his employees could have been at the house of deceased on the pretext of supplying some article. In any case though the questions were put in coss examination, nothing was said during the arguments. He named his workers and stated that one of them informed him about FIR No. 473/08, PS. Shakar Pur Page 4 of 42 St. Vs. Pintoo Bisbas etc. the incident and when he came at the spot the police had already arrived there.

9. PW­7 Ms. Lavanya Barijwara deposed that she had come to Delhi on 25/02/08 and had joined EXL Company Gurgaon. She initially lived ast Safardarjung Enclave with a friend, who got married and thereafter she started to look for a separate accommodation. She told this need to Sushmita Dev, who was also working with her. Sushmita told her that there was vacant room in the house where she was living. She came to live with Sushmita on 14/05/08 and occupied the room on second FIR No. 473/08, PS. Shakar Pur Page 7 of 42 St. Vs. Pintoo Bisbas etc. floor of the house. Sushmita used to lived on the first floor. She used to share kitchen with Sushmita and also used to live with her but she used to sleep in her own room. She deposed that Manoj, duly identified by her during evidence, was engaged by Sushsmita for bringing house hold articles and that he was known to Sushmita through a rickshaw puller named Pintoo. Accused Pintoo was also identified by the witness in the Court. She deposed that accused Pintoo used to visit the house of Sushmita Dev and that Dev used to go to market and other places from his rickshaw. The witness stated that Sushmita trusted Pintoo like her brother and that he used to have lunch etc. in her house. On 07/09/08 Sushmita engaged a lady Kavita as Manoj was not expert in cooking though Manoj continued to work with Sushmita. She deposed that on 17/09/08 Pintoo along with his cousin brother Shintoo had come to the house of Sushmita Dev and they remained in her house on 17th and 18/09/08. The two left in the morning of 19/09/08 saying that they were going to look for a room to live. Manoj remained with Sushmita. On 20/09/08 when she went to the room of Sushmita, Kavita met her there and told her that she had pain in her feet for which she would go to the hospital. Kavita left at 09.00 am and she left at 11.00 am leaving Manoj and Sushmita at the home. She deposed that on her return around mid night, she found Kavita siting on the stairs and the room of Sushmita locked from outside. Kavita informed her that when she returned from the hospital around 02.00 pm, she found the room of Sushmita locked and Manoj was not found present in the house. The witness says she tried to contact Sushmita through her mobile but the mobile phone of Sushmita was switched off. She went up stairs to her room and found that FIR No. 473/08, PS. Shakar Pur Page 8 of 42 St. Vs. Pintoo Bisbas etc. her room was also locked. Since she had left the key of her room in the house of Sushmita, so she came down stairs and contacted some neighbour who used to work in the shop and requested them to break open the lock of her room. On her request Ganesh broke the lock of her room and she and Kavita spent the night in her room. Next day she woke up around 08.30 am and again tried to contact Sushmita but found her mobile switched off. Her cloth and other belonging were lying in the room of Sushmita and she had to go to her office so she again requested Ganesh to break open the lock on door of Sushmita's room. She and Kavita went inside the room and she noticed the door of inner room was closed. She pushed the door and saw Sushmita was lying on the floor with foam coming from her mouth. She got scared and went down stairs followed by Kavita. She shouted, neighbours came and she told them what she had seen. Some one called the police. She went inside the room of Sushmita room along with police. She told that Sushmita used to wear three rings, ear rings, chain,, bracelet etc. which were found missing from her body. Her wrist watch, black bag with brown strips and mobile phone were also missing. She told that one of the SIM Card used by Sushmita was in her name and was provided to her by her office and told the last three digits of numbers were 356. She deposed that Manoj used to keep his bag in the house of Sushmita and that his bag was found missing and he was also found missing after the death of Sushmita. She deposed that she was called at KKD Court and had identified the mobile phones, ladies purse and wrist watch of Sushmita Dev. The articles were got exhibited as : mobile phone Nokia Ex.P1; wrist watch Ex. P2; ladies purse Ex.P3 and another mobile Ex. P4. In FIR No. 473/08, PS. Shakar Pur Page 9 of 42 St. Vs. Pintoo Bisbas etc. her cross examination the witness stated that she knew one Kumar who used to work in her office and live in room where she was living prior to her. She denied that Kumar had visited Sushmita in her presence or that he used to stay in the room of Sushmita. She denied that Kumar had left the room after a quarrel with her. The witness deposed that no rent agreement was executed between her and her landlord. She stated that he used to pay the rent to Sushmtia who inturn used to pay to the landlord. The witness stated that she never saw Sushmita consuming alcohol nor she saw any African visiting her room. The witness stated that her working hours were from 11.00 AM till 12.00 midnight during the time of incident. Her attendance was marked in the company on 20/09/08. She said that she and Kavita both had gone to call Ganesh, who was in his room and other workers were also present in the shop. She stated that she had tried to contact Sushmita thrice. The witness stated that Kavita was behind her when she opened the room where dead body was lying and she and Ganesh had not entered the room. She stated that she was unaware if Sushmita Dev had provided any mobile phone to Manoj and denied that she used to talk with Manoj on the mobile provided to him by Sushmita. She denied that the articles P1 to P4 which were seized by the police, were lying in the room and were provided to the police by her. She denied that the applicants and other persons who used to visit Sushmita had committed her murder and the accused persons were falsely implicated.

10. PW­8 Ms. Kavita deposed that she had started to work in the house of FIR No. 473/08, PS. Shakar Pur Page 10 of 42 St. Vs. Pintoo Bisbas etc. Sushmita Dev as a maid on 7.9.08. She used to cook, clean the house and the clothes of Sushmita while Manoj ( accused identified by her in Court) was also a servant and was residing in the same house. Lavanya was also residing in the same house, on the upper floor. Lavanya shared the kitchen with Sushmita but she and Lavanya used to sleep in the room of Lavanya. Accused Manoj used to sleep on the bed lying outside the room of Sushmita and used to take care of her dogs and visit market for purchase of household articles. She deposed that in her presence accused Pintoo came to the house of Sushmita on 17/ 18.9.08 and she was asked to cook food for them. Sushmita informed her that one of them was Pintoo, a rickshaw puller and the other was his relative. They stayed at Sushmita's house for two nights and (after that ) left the house in the morning while Manoj remained with them. She says that on 19.9.2008 around 9 am she went to the hospital as she had swelling in her leg, leaving Sushmita, Lavanya and Manoj at home. On her return from the hospital she found the room of Sushmita as well as Lavanya locked and Manoj missing. She went downstairs and tried to contact Sushmita from STD booth but the number was found switched off. Around 12 midnight Lavanya came, she also tried to contact Sushmita but her phone was found switched off. Thereafter, Lavanya called Ganesh who broke the lock of room of Lavanya where they slept. Next morning Lavanya again they tried to contact Sushmita but phone was switched off and since Lavanya's articles were lying in the rooms of Sushmita, so she called Ganesh again to open the room of Sushmita. Lavanya went inside and came back crying saying that ' Didi was no more' . She also started cying. somebody called the police and then they went inside the room. She FIR No. 473/08, PS. Shakar Pur Page 11 of 42 St. Vs. Pintoo Bisbas etc. saw the bracelet, three rings, wrist watch, mobile phone and purse of Sushmita missing. The bag of Manoj was also found missing.

37. Recoveries: The prosecution has examined several witnesses to prove that Sushmita Dev was in possession of two mobile phones, which along with some other articles were stolen from her house. As discussed above PW 4, 5 and 28 have proved that Sushmita used mobile number 9873257661, which was given to her by PW 5 and was purchased on the ID of PW 4. It is also proved (by PW 28) that she had bought a mobile hand set with IMEI no 354162022051338. PW 12 has brought the record of mobile no 9990898356, which was in the name of Lavanya and as per the call records produced by PW 12 and exhibited as PW 12/A this no. was used in the mobile hand set with IMEI no 354162022051338 i.e. the hand set bought by Sushmita from PW