Khairlanji Massacre: Court Proceedings 30th June

09Jul07

The court assembled at 11a.m. The Hon. Judge Mr. Das sitting on his chair waiting for the appearance of prosecution & defense lawyers. At about 12 in the noon both the sides of lawyers appear before the court.

(Derfense lawyers: Mr Jaiswal, Mr. Khandelwal
Procecution: Mr Nikam)

Adv. Jaiswal: Sir, till the order for the re-examination of Mukesh Pusam by High court, this court shall be adjourned.
Judge: No, the court can proceed without such order. If contrary order is issued by Hon. High court, that part of re-examination can be deleted from records of this court.

 (At about 12:30 p.m. Mukesh Pusam is called before the court. He stands in the witness box.)

Adv. Ujwal Nikam: Can you tell us who gheraoved Surekha’s house?
Witness: Yes, Jagdish Mandalekar, Ramu Dhande, Shatrughna Dhande, Gopal Bijaewar & Sakru Bijewar.
Adv. Nikam: Where were you that time?
Witness: I was on the road.
Adv. Jaiswal (objecting): Sir, there was specific purpose behind the re-examination & that should be restricted to that part only.
Adv. Nikam (still keep asking): Where were you coming from?
Adv. Jaiswal (again objecting): Sir, I again object to such question because re-examination was allowed only for knowing the names of persons who surrounded Surekha’s house.
Adv. Nikam: Sir that was only ancillary question to clarify how much time he was standing on the road when he saw the incident.
Judge: The court can allow asking ancillary questions.
Adv. Khandewale: That was not ancillary question.
Adv. Nikam: The re-examination can be allowed to clarify or fill up the lacuna of deposition according to the judgments of the Supreme Court.
Adv. Jaiswal: Sir, he is referring to 1999’s judgment; but according to recent judgment of 2007 by Hon. Supreme court such questions for filling up the lacuna of deposition is not allowed.

(The judge then dictates to the stenographer above proceeding & on that record, he sustains the objection raised by Adv. Jaiswal. Adv. Jaiswal then rises to continue to cross-examine the witness.)

Adv. Jaiswal: You have to take a turn to reach Surekha Bhotmange’s house like this (He points to the three corners of the court & adjoins them thereby making an “L” shape) Right?
Witness: Yes.
Adv. Jaiswal: What is the distance between yours & Bhotmange’s house? It must be between 150-200feet.
Witness: 100ft.
Adv. Jaiswal: Bhotmange’s house can not be seen directly from your house. Right?
Witness: Right.
Adv. Jaiswal: When there was shouting; you were in the cattle shed. Right?
Witness: Yes.
Adv. Jaiswal: My assertion is that you have not seen these people killing the victims.
Witness: I have seen these people killing the victims.
Adv. Jaiswal: When you came on the road, was there a commotion?
Witness: Yes.
Judge: First you said that, when you came on the road, the accused were hurling abuses; now you say that there was a commotion. What exactly is meant by commotion? Do you know the meaning of commotion?
Witness: There was the quarrel.
Adv. Jaiswal: Those 20-25 persons who were in the tractors to Kandri, were they the same persons who surrounded Surekha’s house or different?
Witness: I do not because I had not seen who were people in the tractors to Kandri.
Adv. Jaiswal: There were 20-25 persons who were quarreling with Surekha. Right?
Witness: Yes.
Adv. Jaiswal: What are the names of those 20-25 persons?
Witness: I can not tell the names of all those persons; but I can name some of them.
Adv. Jaiswal: After the incidence, was there the outpost of police in the village?
Witness: I don’t know when the outpost of the police was set up in the village, because I was out of the village by that time.
Adv. Jaiswal: My assertion is that there was raining on the day of the incident.
Witness: Yes.
Adv. Jaiswal: My assertion is that there was raining & darkness & you could not see anything through that. Right?
Witness: After the incidence the power went off.
Adv. Jaiswal: But my contention is that you did not see anything.
Witness: I did see.
Adv. Jaiswal: When you came back to your village the police had already arrested 47 people. Right?
Witness: Yes.
Adv. Jaiswal: When you returned, there was set up the outpost of the police. Right?
Witness: Yes.
Adv. Jaiswal: Among 45 persons arrested, there were only men; children & women were spared. Right?
Witness: Yes.
Adv. Jaiswal: You have already told in the court that, you saw the killings of the people. Are you aware that in such matters it has to complained to the police?
Witness: Yes.
Adv. Jaiswal: You did not make a complaint about the incidence. Right?
Witness: Yes.
Adv. Jaiswal: You got to know about the incidence from the police & other villagers.
Witness: I have seen it myself.
Adv. Jaiswal: You have given testimony to the police after two & half months on 11/11/06 to C.I.D., on 5/12/06to C.B.I. & on 11/12/06 to the magistrate. Right?
Witness: Yes.
Adv. Jaiswal: Look, I m going to ask you some of the questions from your testimony to C.I.D. you were at your home on 29/9/06.Right?
Witness: Right.
Adv. Jaiswal: After the incidence, when did you return to your village?
Witness: 1& 1/2months after the incidence.
Adv. Jiaswal: After coming back to which policeman you told?
Witness: I told to C.I.D.
Adv. Jaiswal: I asked you to which policeman?
Witness: I did not tell the local police. I told to C.I.D. first.
Adv. Jaiswal: After the incidence you were called by Andhalgaon Police Station about the case for 4-5 times.
Witness: This is not true.
Adv. Jaiswal: Then for 1-2 times?
Adv. Nikam (objecting): If the witness has already denied being called by Andhalgaon Police Station. Why then same question is put to him?
Adv. Jaiswal: Sir, I m simply asking him if he was called by Andhalgaon Police Station. (To witness) How many times you were called by Andhalgaon Police Station?
Witness: I was not called by Andhalgaon Police Station at all.
Adv. Jaiswal: You were taken by the police to identify the accused. Right?
Witness: I was taken by C.I.D. police for identification pared.
Adv. Jaiswal: You did not tell the local police about the incidence.
Witness: I told to C.I.D. first because I was very frightened then.
Adv. Jaiswal: Is your this assertion true that when you were taken by the C.I.D. for identification pared, you could not tell the anything?
Witness: Those people had warned against that.
Adv. Jaisawal: But is it true or not?
Witness: True.
Adv. Jaiswal: You did not tell anything to C.I.D. & you had not seen anything.
Witness: I had seen; but I could not tell because I was frightened.
Adv. Jaiswal: You are under C.B.I. custody. Right?
Witness: This is false.
Adv. Jaiswal: Have you come to court by bus?
Witness: No, by commander jeep.
Adv. Jaiswal: Have you been given guard for protection?
Witness: Yes.
Adv. Jaiswal: He also might have come. Is he here in the court?
(Witness keeps mum)
Adv. Jaiswal: Wherever you go, the guard must always with you whether you are eating or going to the lavatory or to anybody’s place. Is he here? What is his name?
Witness: Yes, his name is CHOPKAR.
(Hon. Judge calls out his name & a middle aged man gets up.)
Adv. Jaiswal: Sir, my submission is that he is still in the police custody.
Adv. Jaiswal (to witness): From whose jeep you have come in the court?
Witness: I do not know whose jeep is it.
Adv. Jaiswal: You are testifying under the pressure by police & C.B.I. & because a policeman always with you, you are telling the names of innocent persons. Right?
Witness: This is false.
Adv. Jaiswal: You have not seen any quarrel or killings.
Witness: I have seen.
Judge: This is the time for lunch break.
Adv. Khandelwale: Sir, I will ask a few questions to the witness & then we can move on to next witness that is Rashtrapal Narnavare.
Adv. Ajaj Khan: Sir, Rashtrapal Narnavare has not come. In his place Suresh Khandate can be called as next witness.
Adv. Khandewale: But according to programme handed over to us by the prosecution, it is the turn of Rashtrapal Narnavare.
Adv. Ajaj Khan: That can be decided after lunch break.
(The Judge then adjourns the court till 3p.m.)
 
(To be Cont.)



No Responses Yet to “Khairlanji Massacre: Court Proceedings 30th June”

  1. Leave a Comment

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s


%d bloggers like this: