Khairlanji: Court Proceedings on 9th July

26Jul07

                       
The court is aseembled at11:oo A.M. The judge is seating in his chair. The defence lawyers, Adv.Ajaj Khan & special public prosecutor Adv.Ujwal Nikam have already occupied their respective seats. But Defence lawyers  are not visible in the court-room. At 11:40 A.M  Adv.Khandewale arrives. The court reprimands him….

Judge : Adv.Khandewale, You are late by 40 minutes; the court is taking serious note of this .Next time you must present in the court on time
Adv..Khandewale :Yes sir,sorry, from next time we will arive at the stroke of 11’O clock.
Judge : Not on 11;but you should arived before 11’O clock .

Hon. Judge records that the proceeeeding was stalled due to delayed arival of Adv..Khandewale on 11.40 a.m.& he ensured the court that from next time he will arrive on 11.00 A.M. sharp.

Adv.Khandewale :Sir I will take a few minutes of the court to discuss something with Adv.Bedarkar out of the courtroom.

Judge permits him & they go out of the courtroom. After a few minutes they are again inside. As Adv.Jaiswal is too arrived by that time, he starts the proceeding

Adv.Jaiswal  :Sir, we require  the station diary of the Andhalgaon police station & the statements recorded by C.I.D.
Judge:That can be produced at the later stage too.
Adv:Jaiswal:Sir,we want to check whether earlier statements were recorded or not by the local police & C.I.D..And if recorded whether  any discrepancy is there between those statements.
Judge:Give separate application for that, I will not adjourn the proceeding.
Adv.Jaiswal:No Sir, we are not asking for the adjournment.
Adv.Khandewale:Sir, before starting the proceedings, I  request the Hon.court that a page bearing no. D-55  of the statement  recorded by the C.B.I.of this witness be given to us since it is missing.
Adv .Ajaj Khan:I have original copy of it . I will supply it after a while.

Ω 

And soon the cross-examination of Witness Suresh Khandate starts. Defense lawyer Adv Kahndewale is ready with questions.

Adv. Khandewale: Do you know Gopichand Chopakar of village Kandri?
Witness: No
Adv. Khandewle: The neighbour in your Toli(Ward) have their farms on either Kandri or Dhusala road. Right?
Witness: Iam not aware of it.
Adv. Khandewale: Is it right if  somebody  wants to go to village Kandri, then that person has to cross your house. Right?
Witness: No, there is another road.
Adv. Khandewale : But most villagers follow the road besides you house.
Witness: No they take another road too.
Adv. Khandewale : That means whosoever resides near your house, followes road besides your house. Right?
Witness: Yes.
Adv. Khandewale: The road passing in front of  Bhotmange’s house is the road to Kandri. Right?
Witness: No, their is another road to Kandri.
Adv. Khandewale : Is it that  most of the villegers use  another road ?
Witness: Both road are used to go to Kandri village.
Adv. Khandewale : Is it right that in rainy season, the villagers use another road most frequently ?
Witness: Yes though that road is long, the villagers use that road during rainy season.
Adv. Khandewale : In the same way, in the rainy season the villagers use that another road to go to Dhusala.Right?
Witness: Yes.
Adv. Khandewale : Is it true that the water from the handpump near the tree  in front of Bhotamange’s house is taken by all the villegers?
Witness: Yes.
Adv. Khandewale: Is it right that all over the day, the villagers fill up the water from  that borewell?
Witness: Every morning & whenever the need arises the villegers take water for that boarwell.
Adv. Khandewale : Have you taken  any loan from Bhaiyallal Bhotmange?
Witness: No.
Adv. Khandewale : Have you taken loan from Siddharth Gajbhiye?
Witness : No.
Adv. Khandewale :Have you borrowed money  from any of the villagers?
Witness: No.
Adv. Khandewale : Look Suresh, last year due to delayed rain the  work of the weeding in the fields extended till September.Right?
Witness: I am not aware of it.
Adv. Khandewale :Is it right that all the villagers work either in their own fields or in others’s fields ?
Witness: Yes.
Adv. Khandewale : You have not much  contact with the other villagers. Right?
Witness: Some times & some times not.
Adv. Khandewale :These all accused  person reside in the main village. Right?
Wit: Yes.
Adv. Khandewale : Is it right that they side at the distance of 5-6 farlongs from your house. Right?
Witness: Some of them & some of them not.
Adv. Khandewale: So, they do not come into your home every day?
Witness : Yes.
Adv. Khandewale : So,they also do not come frequently to your toli except with  work?
Witness: If they have work, they come to our toli.
Adv. Khandewale : My assertion is that you used to work under Gopichand Chopkar in his distillary of country liquar.
Witness: No.
Adv. Khandewale : My assertion is that, at the distillary of Gopichand Chopakar, you met Siddharth Gajbhiye for the first time.
Witness; No.
Adv. Khandewale: My assertion is that you are addicted to drinking wine.
Witness: No.
Adv. Khandewale: And due to that, you suffered from illness in the past. Right?
Witness: No.
Adv. Khandewale:The spectacle  you are waring is only for seeing longer vision.Right?
Witness: No, it is bifocul.
Adv.Khandewale:Can u tell its lens number?
Wit:No.
Adv. Khandewale:Have you cheked up your eye sight  since from last year.?
Witness: No.
Adv. Khandewale:In the rains  if  the water  drops fell on your spect you  might not be able to see through it.Right?
Witness: Yes.
Adv. Khandewale:Look Suresh, on 29-9-06 after the incident the police visited your house at around 9 to 9:30 P.M.Right?
Witness: I do not remember.
Adv. Khandewale:After that the police visited you for 4-5 times?
Witness: No.
Adv. Khandewale:The police interrogated you & your wife after the incidence? 
Witness: No.
Adv. Khandewale:Where were you when police visited your house?
Witness: I was sleeping inside my home.
Adv. Khandewale: That means you did not tell police about the incidence even though they came to your house?
Witness: Yes, I did not tell them.
Adv. Khandewale: Did the police threaten your wife that if she does not make a statement they will implicate you ?
Witness: No, the police did not threaten my wife.
Adv. Khandewale: Are you aware that , if such incidence occurs, it should be reported to police immediately?
Witness: I am aware of it.
Adv. Khandewale: Even then, you did not report to the police about the incidence on 29/9/06.Why?
Witness: The police did not come to me, so I did not tell them.
 Adv. Khandewale: Is it true that, the policeasked your wife to come to  police station for inquiry?
Witness: No.
Adv. Khandewale: Is it right that police also made inquiry with your son Mangesh?
Witness: No.
Adv. Khandewale: Is it right that after  incidence the police recorded the statements of other people from your ward?
Witness: I don’t know.
Adv. Khandewale: After the incidence were you aware that there was the  discussion among villagers about massacre of Bhotmange family?
Witness: No, I was not aware of such discussion.
Adv. Khandewale:  After the incidence, when you visited the main village ?
Witness: After I got recovered from ‘Chiken-gunya’.
Adv.Khandewale: But is it right that they belong  to  your  caste?
Witness: Yes, they belong to my caste.
Adv. Khandewale: Is it right  that in your village there was quarrel between dalit & others?
Witness: No.It is not right.
Adv. Khandewale: Is it right that  your village has been awarded for the cleanliness by state Goverment?
Witness:I do not know.
Adv. Khandewale: It is right that your village has been awarded  with the IDEAL VILLAGE title?                       
Witness:I do not know.
Adv. Khandewale : Has your village received award for prohibition regarding liquor?
Witness:I do not know.
Adv. Khandewale :It is true  that in ur village there is licenced liquor  shop ?
Witness:I do not know.
Adv. Khandewale : Is it right to say that there is cattle-shed of Ramu Dhonde in front of your house & around that there is a heap of cow fodder?
Witness: Yes.
Adv. Khandewale : Behind the cattle shed there is a pit. Right?
Witness: Yes.
Adv. Khandewale : Behind the pit  there grows the grass in rainy season. Right ?
Witness: Yes.
Adv. Khandewale :The height of grass is 3 ft. Right?
Witness: Yes.
Adv. Khandewale: This cowdung pit is about 2 ½  ft deep.Right?
Witness: Yes.
Adv. Khandewale: Is it  right that  if any person fells into the pit he/ she will be fell by 4fts?
Witness:I do not know.
Adv. Khandewale:  Is it right  that the pit is filled up with mud,slush,& cowdung?
Witness: Yes.
Judge:(getting impatient) If u do not ask the relevent questions, we will be at a loss.
Adv.Khandewale:If the Hon.court feels that I am not asking relevent questions, he may stop me.
Adv.Khandewale( to witnness):Is it true that the people do not go near that pit?
Wit:Yes.
Adv.Khandewale:Look Suresh,  Did u on 15/12/06, make a statement before the magistrate ?
Wit:Yes.
Adv.Khandewale.:In that statement you said that is your house is near to the house of the Bhotmange’s. Right?
Wit:Yes.
Adv.Khandewale: But u have not said that before C.B.I.?
Wit:No.
Adv.Khandewale:In your statement before this court you said Mukesh Pusam resides near your house ; but this was not revealed to neither the magistrate nor the C.B.I.Can u furnish any explanation for it ?
Wit: I can not specift any reason for that ommission.
Adv.Khandewale:You have stated  before this court that on the day of incidence you were suffering from ‘Chicken-Guniya’ . But this fact is not mentioned in your statment to C.B.I. Why?
Wit:I did not tell that to C.B.I.
Adv.Khandewale: After you heard commotion around at 6 to 6,30 P.M. you came out of the house, this is what u have said before this court. But why u did not tell this to the Magistrate?
Wit:I had told him; but it was not recorded.
Khandewale:Why was it not recorded?
Wit:I don’t know.
(Since Adv.Khandewale has finished his cross-examination, he sits in his chair.And since it is 2’0 clock, the court is adjourned for the lunch break till 3P.M.)

TO BE CONTINUED………….



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