Khairlanji: Court proceedings on May3

09May07

In a relentless persuit to provide our readers with  day to day update on court proceedings of Khairlanji Massacre, Atrocitynews correspondent takes special effort in recapitulating the conversations. This is appreciable when he has no-electronic equipment or such resource. 

Adv. Ujwal Nikam is from procecution side
whereas
Adv. Jaiswal is defence lawyer
and Adv. Dederkar for accused No10.

  

    The court assembles at 11:30 am.

 

Adv. Madhav Dederkar: Sir, the copy of the  list of witnesses to be examined in chronological order has not yet been supplied.

Adv. Ujwal Nikam: Sir, that will be supplied tomorrow.

(And there was talks going among Adv. Bedarkar, Adv. Ujwal Nikam & Judge S.S. Das in hushed voice which Atrocitynews correspondent couldn’t  hear properly.)

Adv. Jaiswal: Sir, I would like to plead first , that, except press persons or court officers or human right activist, all other persons should be asked to go out of the court.

Adv. Ujwal Nikam: Sir, this should not been granted, since this is not an in camera court and being an open court, everybody is entitled to come to the court and see the proceedings.

Adv. Jaiswal: (raising his voice) Sir, this is my simple request and I don’t know, why prosecution is objecting to it. Since this is high profile case and my 11 clients lives are at stake, what harm is there in preventing the persons who are hardliner activists and others related to witness?

Judge: But relatives may come.

Adv. Madhav Bedarkar:But those may influence the witness.

Adv. Ujwal Nikam: Sir, if the defending lawyer feel any apprehensions,  they should come out with specific instance of such apprehension.

Adv. Jaiswal: (again raising his voice) Sir, if such people are allowed, they may terrorise the witness.

Adv. Ujwal Nikam: But the witness should complain, and if such thing happens, the court is there to take proper action against them.

Adv. Jaiswal: Sir, why such hue and cry has been made of my simple demand ? My request is not to allow unrelated persons to see the courts proceedings so that the working of the court goes smoothly.

Judge S.S. Das: Don’t raise your voice, submit your submission.

Adv. Jaiswal: Sir, my submission is that except the court officers or media person or human right  activitists, all other persons must be barred from entering the court room.

Judge S.S. Das: Adv Jaiswal, since this is open court , we can not restrict the entry of specific person; as you have laready said, this is a high profile case , everybody is eager to know what transpires in the court. So your plea can not be sanctioned at this stage.

Adv. Jaiswal: Valid sir, I will give to the honorable court.

On 12 noon junior engineer of PWD Bhandara, Tarachand Ganpat Dandare who has drawn the map of Khairlanji village, who is standing already in the witness box is ready to be examined and crossed.

Adv. Jaiswal: (Coming near to witness) Sir, the map of Khairlanji village is drawn much adter the murders of Bhotmange family and any preconception in drawing the map may give much advantage to the prosecution. Morever the map does not mention the architect’s  name, does not show direction, does not mention the scale used in the map and there is the difference between the map provided to the court and that of the map made by gram panchayat of Khairlanji. The map has failed completely in terms of giving validity to its contents.

(At this stage Adv. Jaiswal directly speaks to the witness in Marathi.)

Adv. Nikam: Sir, Adv. Jaiswal should not speak directly to my witness at this stage. Since he is standing at reasonable distance he can hear what witness says.

Judge to witness: (in Marathi) Jorat Bolal.(speak loudly.)

[Then adv. Ujwal Nikam begins to examine the witness]

Adv. Nikam:  what is your occupation and since how long you are doing it?

Witness jr. engg. Tarachand Dandare : Sir, I am in PWD working as Sectional Engineer from 1989.

Adv. Nikam : Who told you to draw the map of village Khairlanji?

Witness: Departmental Engineer, Mr. Hatwar.

Adv. Nikam: When you visited Khairlanji? Who was with you?

Witness: On 5th dec. 2006. at 8:30 am in the morning. Deputy SP of CBI and Mr. Hatwar were in person with me.

Adv. Nikam : who showed you the spot of crime?

Witness: CBI

Adv. Nikam: Whose house was at the place of incidence?

Witness: Bhaiyalal Bhotmange

Adv. Nikam: Where is it situated?

Witness: At the western side of village, in Indira Toli(Indira Ward)

Adv. Nikam:What scale you used?

Witness: 1:200

Adv. Nikam: What is 1 and 200? Is it mm, cm or m?

Witness: 1cm=200cm

Adv. Nikam: (showing him the map is this the same map that you drew?

Witness: Yes

Adv. Nikam: Is this your signature?

Witness: Yes and alongside, my superior’s, Mr. Hatwar’s signature is there.

Adv. Nikam: Is everything well mentioned in the map?

Witness: Yes.

Adv Nikam: In which direction Bhiyalal Bhotmange’s house entrance is?

Witness: Towards east. On the north, there is another hut and on the south there is cattle-shed belonging to Bhaiyalal Bhotmange.

Adv. Nikam: Whose hut is it in the north?

Witnesss: I don’t know.

What is the distance of this northly situated hut from Bhaiyalal Bhotmange’s house?

Witness: 2½ to 3 feets from Bhaiyalal bhotmange’s house.

Adv. Nikam: What is the distance of cattle shed from his house.

Witness: 8 feet distance.

Adv. Nikam: Have you shown north and south directions?

Witness: Yes

Adv. Nikam: What is on western, northern and southern directions of Bhaiyalal Bhotmange’s house?

Witness: On the western side, around 10 feet’s wide road, beyond that there are scattered houses on the western side. On the southern side, there is C.C concrete drain shown in blue ink in the map. On the northern side, there is hand-pump for drinking water.

Adv. Nikam: What does C.C drain mean?

Witness:A canal to flow the water.

Adv. Nikam: And what is this E.P. mean?

Witness: Electric Pole.

Adv. Nikam: what is it’s distance from Bhaiyalal’s house?

Witness: 13 meter from Bhotmange’s bathroom.

Adv. Nikam: Where is Bath room of Bhaiyalal Bhotmange?

Witness: On the south-eastern corner of Bhotmange’s house, 5.3 meters from his house.

Adv. Nikam: Northern and southern roads of Khairlanji village connects which places directionwise?

Witness: On  northern side it meets Khairlanji to Kaandri and on southern side Khirlanji to Dhusala.

Adv. Nikam: What is the distance of Khiarlanji from Bhandara?

Witness: 40 km.

Adv. Nikam: What is the police station of Khairlanji?

Witness: Andhalgaon Police Station.

Adv. Nikam: What is the distance between Khairlanji and Andhalgaon?

Witness: 8 to 9 km.
(Then at this stage Adv. Sudeep Jaiswal rises to cross examine the witness and comes very close to the witness)
Adv. Nikam: Sir, this practice of talking very close to the witness must be curbed from here, because it may terrorise the witness. Since Adv. Jaiswal already speaks loudly, there is no need of him to be standing so close to the witness.

Adv. Jaiswal : (raising his voice) Sir, I am practicing in the criminal case and nobody has talked me in such a way. My dear firend says I am terrorising the witness and am I a terrorist? Sir, which book of evidence act mention that such and such distance is to be maintained between the defense lawyer and witness?

Judge S.S. Das: Adv. Jaiswal, instead of raising your voice, you can submit your submission before the court.

Adv. Jaiswal : Sir, since this witness is architect of the map and I can not show him the map from a far distance, I  be allowed to cross examine closely.

Judge S.S. Das: Objection to the defense lawyer, in talking close to the witness will not be right at this stage.

Adv. Jaiswal to witness: Did you receive any letter from  CBI or your superior?

Witnesss: No  my superior told me that, he had received such letter from CBI.

Adv Jaiswal: Have you mentioned a scale in map?

Witness: I have mentioned a ratio of 1:200.

Adv Jaiswal: But Dandare sahib have you mentioned the scale in cm, mm or m.?

Witness: No

Adv Jaiswal: What is the size of Bhaiyalal Bhotmange’s house?

Witness: 5.3X 6.80  m.

Adv Jaiswal: Whether is this to be multiplied by 200?

Witness:No

Adv Jaiswal: Whether it should be divided by 200?

Witness:No

Have you written anywhere in the map that it should not be multiplied or divided?

Witness: No

Adv Jaiswal: You have said that on the western side 10 feet’s wide road is situated, have you written 10 feet’s anywhere in the map?

Witness: No.

Adv Jaiswal: What is the distance of C.C Drain from Bhotmange’s house?

Witness: That is not mentioned.

Adv Jaiswal: Have you mentioned on the map that on what date it was drawn?

Witness:No

Adv Jaiswal: As you have shown the other houses in the map, have you mentioned anywhere to whom those belong?

Witness: No.

Adv Jaiswal: Have you mentioned the distance of other huts from Bhotmange’s house?

Witness: No.

Adv Jaiswal: Have you mentioned the Khairlanji to Kandri and Kandri to Dhusala distance in your map?

Witness:No

Adv Jaiswal: Have you seen the map made by Gram Panchayat of Khairlanji?

Witness: No

Adv Jaiswal: Are you aware of the fact that, whenever you go to any village, there is a map of it in the Gram Panchayat?

Witness: Talathi does have it, but I don’t know whether Gram Panchayat has it or not?

Adv Jaiswal:Have you inquired Talathi about it?

Witness: No

Adv Jaiswal: On what date you drew that map?

Witness: I had visited Khairlanji on 5th and 6th dec. 2006 and on 6th dec. I drew that map.

Adv Jaiswal: Whether the blue colour has any specifications or that only so and so objects are to be denoted by blue colour only?

Witness: I don’t know.

Adv Jaiswal: Were there any tree surrounding the house of  Bhaiyalal Bhotmange?

Witness: There was garbage and heap of cow’s manure around the house of Bhaiyalal Bhotmange.

Adv Jaiswal: Whether anything can be seen from mark ‘C’ as shown by you in your map?

Witness: perhaps, No.

Adv Jaiswal:Why?

Witness: As shown in map behind Bhaiyalal’s house, there is house ‘D’ that’s why I predict its visibility from mark ‘C’. But I am not sure because I have not seen properly where other houses are exactly situated.

Adv Jaiswal: Is the distance of mark ‘D’ from Bhaiyalal’s house 150 feet’s?

Witness: Perhaps, yes.

Adv Jaiswal: Is the distance of mark ‘C’ from Bhaiyalal’s house is 150-175 feet.

Witness: May be.

Adv Jaiswal: How many houses are there on Kandri and Dhusala road from Khairlanji?

Witness: There is one house on Dhusala road but I have not seen others. On Kandri road, there are some houses, but I have not mentioned those.

Adv Jaiswal: Whether the place of incidence can be seen from mark ‘C’ and ‘D’?
Witness: No, from mark ‘C’ and ‘D’ place of incidence can not be seen.

Adv Jaiswal: Whether anything can be seen from the cattle shed toward eastern side?

Witness: No

Adv Jaiswal: What are these two shaded portions?

Witness: Two houses but I have not mentioned it.

Adv Jaiswal: You are a civil engineer and you have to use the scale on the map.

Witness: Yes.

Adv Jaiswal: If you are aware of this, why did you not mention the scale?

Witness:There is scale. But I have only mentioned the ratio.

Adv Jaiswal: Have you mentioned the distance between Bhaiyalal’s house and the hut situated on the northern side?

Witness: No, I have not mentioned.

Adv Jaiswal: What is the distance between Bhaiyalal’s house and the road behind his house?

Witness: The house is near to road and there is very little distance between them.

Adv Jaiswal:What is the distance between the houses marked as ‘C’ and ‘D’ and other houses?

Witness: I have not measured the distance and so I have not mentioned it.

Adv Jaiswal:Did you know the house in question was of Bhaiyalal Bhotmange’s ?

Witness: No, CBI sleuths told me.

[Then adv. Madhav Bedarkar for accused no. 10 rises to speak.]

Adv. Bedarkar: Have you drawn map according CBI instructions?

Witness: the CBI showed me the place of incidence and Bhaiyalal Bhotmange’s house.

Adv. Bedarkar: Are you deposing what CBI told you?

Witness: No

Adv. Bedarkar: Is this grass, is on triangular portion on Kandri Dusala road?

Witness: Yes

Adv. Bedarkar: What was the height of grass there?

Witness:Around 1½ to 2 feets

Adv. Bedarkar: What was height of heap of cow’s manure near Bhotmange’s house?

Witness: About  2-3 feets.

Adv. Bedarkar: Have you seen any other road other than Kandri, Dhusala road to traverse?

Witness:No.

Adv. Bedarkar:What is the distance between the C.C. canal and the connecting route between Kandri-Khairlanji and Khairlanji- Dusala?

Witness: 105-110 m.

Adv. Bedarkar:How many electric poles are there on Dhusala road?

Witness: 4 electric poles perhaps.

Adv. Bedarkar: What kind of trees were surrounding Bhotmange’s house?

Witness:They were of babul trees.

[At this stage Adv. Nikam rise again to examine, clarifying the ‘A’ and ‘B’ points on the map which was unexplained by witness on the questions posed by Adv. Jaiswal]

Adv. Nikam: What is point ‘A’ and ‘B’?

Witness: ‘A’ is a point where the stick found which was used in crime as told by CBI and ‘B’ is C.C. canal’s breadth and depth.

Adv. Nikam: Did you mention distance of stick from Bhaiyalal’s house as 8 feets?

Witness:No idea.

(Adv Jaiswal rises to speak again)

Adv. Jaiswal:- Have you mentioned the symbol of stick?

Witness: No.

(Then adv. Neeraj Khandewale for accused no. 3 to 7 and 11 declines to cross examine the witness and so the court gets adjourned till next day i.e. 4th may.)

Atrocitynews will shortly bring you next day proceedings soon>>Till then keep reading>>



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