Khairlanji: Court Proceedings 11th July

06Aug07

Proceeding on 11th July
 

The court assembles at 11:15 A.m.Adv.jaiswal is ready to continue his cross-examination of the witness Suresh Khandate who is standing in the witness-box.
Adv.Jaiswal : Have you said to the C.B.I. & Magistrate that Jagdeesh shouted saying ,”where r the inmates of the house? search them & kill them “?
Wit: I said it to the C.B.I.as well to the Magistrate.
Adv.Jaiswal : Then why is it not recorded?
Wit:I can not assign  any reason for that.
Adv.Jaiswal: Did you say before the Magistrate that after Roshan was killed  you heard Priyanka’s shouting for help ?
Wit:yes.
Adv.Jaiswal: But it is not written in your statement!Can you tell why?
Wit:I can not assign any reason for that.
Adv.Jaiswal: Have you said to the Magistrate that Roshan’s dead body was dragged by the accused & put near Surekha’s dead body?
Wit:Yes.
Adv.Jaiswal:Then why it is not recorded?
Wit: I can not assign any reasons for that.
Adv.Nikam(interrupting):Sir,it is there; but specification of name is not there.It says all people only.
Adv.Jaiswal: Sir, his statement to the Magistrate says,”Roshan was beaten & dragged to Surakha’s body”.It does not specify whether Roshan was killed & whether his ‘dead body’was dragged.Also, in case of Surekha, who drageed her body is not mentioned.
Adv.Nikam:Sir, omissions are there in respect of the names of the accused who dragged Priyanka, Surekha & Roshan’s dead bodies.
Adv.Jaiswal(to wit):Ramu & Prabhakar shouted that nobody should speak aginst them.Have you told this to the Magistrate?
Wit:Yes.
Adv.Jaiswal: But it is not found in your statement to the Magistrate .Can you give any resons for that.
Wit: No, I can not assign any reasons for that.
Adv.Jaiswal:Did you say  to the Magistrate that  Jagdeesh was saying loudly that if anybody spoke against them,they will have to suffer the same fate as that of the victims.?
Wit:Yes.
Adv.Jaiswal: But it is not found in ur statement to the Magistrate .Can you give any resons for that?
Wit: No, I can not assign any reasons for that.
Adv.Jaiswal: Did you say before the Magistrate that after all the dead bodies were gathered , they went somewhere?
Wit:Yes,I had said this to the Magistrate.
Adv.Jaiswal:Then why it is not recorded?
Wit: I can not assign any reson for that.
Adv.Jaiswal:(Reads statement from the court’s record from the incidence of collecting the dead bodies  to taking them away in the bullock-cart towards Kandri) Have you said this before the Magistrate ?
Wit:Yes.
adv.Jaiswal: But it is not found in your statement to the Magistrate .Can you give any resons for that?
Wit: No, I can not.
adv.Jaiswal: Did it happen that when the power was resummed , you could not bear to see the dead bodies in the lights & so you went to your home?
Wit:Yes, I could not bear to see the dead bodies of the victims & I went back to my home.
Adv.Jaiswal:you just said that you could not bear to the dead bodies of the victims.So, you went home & you did not see what happened afterwards ,But  your statement to the C.B.I.& to this court is that you saw the dead bodies were being kept in the bullock cart which went towards Kandri.What is true, your statement  earlier or you just said before this court.
Wit:My statement before C.B.I.is true.
Adv.Jaiswal:you said that you were suffering from chicken gunya .could you be able to run at that time.
Wit:No.
adv.Jaiswal: That means you could not jump or climb too.right?
Wit:Yes.
Adv.Jaiswal: you could not see at long distances due to your irritation of eyes.Right?
Wit:Yes.Had u gone to Palora,Betala,Jambhora,Mahegaon Khairy & other villages seeking for work?
Wit:No.
Adv.Jaiswal: Do you know the villages like Aandhalgaon, Dhusala,Mahegaon?
Wit:Yes.
Adv.Jaiswal: Do you know that in the nearby village of Betala, 5 thieves were beaten to death.?
Wit: No, I don’t know.
Adv.Jaiswal: Would you see the persons visiting Bhotmange’s house?
Wit:Yes.
Adv.Jaiswal: Did you see the persons coming from Kamathi visiting Bhotmange’s house.?
Wit:No.
Adv.Jaiswal: They must be coming with Sidhhartha Gajbhiye.
Wit:I don’t know.
Adv.Jaiswal: Look, the persons hiding in Bhaiyyalal’s house were thieves from Kamathi & they after looting the property of Bhaiyyalal, killed them & ran away.
Wit:I don’t know.
Adv.Jaiswal: Look my assertion is that the accused came back from Mohadi court at 7 to 7:30 in the evening on the day of the incidence.Right?
Wit: NO, that is false.
Adv.Jaiswal: you haven’t seen any murders from the Bhotmange family.
Wit:This is false . I have seen the accused killing Bhotmange’s family members.
Adv.Jaiswal: you have not seen any persons dragging dead bodies of Bhotmange’s family members & dumping them in the bullock cart.
Wit:No,I have seen the dragging & dumping in the bullock cart the dead bodies of the Bhotmange’s.
Adv.Jaiswal: you daily drink liquar.
Wit:N o, I don’t.
Adv.Jaiswal: you play gambling.
Wit:No, I don’t .
Adv.Jaiswal: Look, from last 3 days you were in the C.B.I. custody.
Wit.No.
Adv.Jaiswal: you r saying what C.B.I. told u.
Wit:No.
Adv.Jaiswal: you r deposing under pressure from C.B.I.aganst the accused.
Wit:No , I have seen the incidence so, I m deposing.
Adv.Jaiswal: Mukesh Pusam is from the same community as you are , so you testifying against them since they caused his defeat in the election by 2 votes.Right?
Wit: No, this is not true.

 (The court is adjourned for the lunch-break at 2 P.M. The court again re-assembles at 3 P.M.)
Adv.Jaiswal: You had very good relationship with Bhotmange family.
Wit: No, I just used to visit his house & we used to borrow from each other.
Adv.Jaiswal: Bhotmange had tried to entice you by offering the money &  so you testifying.
Wit:No.
Adv.Jaiswal: My assertion is that C.B.I. has enticed you by givig money & so your deposing.
Wit: No.
Adv.Jaiswal: C.B.I. has offered you the job of cook & they will also rehabilitate you elsewhere.
Wit:No, this is false.
Adv.Jaiswal: Look, due to your addiction of drinking liquar, your son commited suicide.
Wit: No, this is false.
Adv.Jaiswal: Look, a suit has been filed over you because of consumption of liquar?
Wit: No, this is false.There is no case against me.
Adv.Jaiswal:Your mental  health had deteriorated due to  the addiction .
Wit:No.
Adv.Jaiswal:You did not cook food in the accused persons house.
Wit: I had cooked food in their houses.
Adv.Jaiswal:You had made application to Deputy C.M.
Wit: No, I hadn’t.
Adv.Jaiswal: Did you bring your wife before the police for identification-rounds?
Wit: No.

At this stage , Adv.Jaiswal finishes his cross-examination. Special Public prosecutor Adv.Ujwal Nikam asks the leave of the court to re-examamine the witness.But Adv.Jaiswal objects .Following is the shorter version of the dilogue between them & the Judge!
Adv.Jaiswal: Sir, only within the ambit of sections 165,311 & 138 , the re-examination of the witness can be allowed.
Judge:Re-examination can be allowed to clarify the contradiction.
Adv.Jaiswal: So are you going to supercede the rullings of the Supreme Court?
Judge: If anything I do is supervening the Hon.Supreme Court, you can show me the rullings.
Adv.Nikam:Sir, not sections 165 or 311; but u/s 138 I am to re-rexamine the witness.
Judge:On how many points u want to re-examine the witness,
Adv.Nikam:Sir, on the point that when police visited his house?
Judge:The prosecution is allowed to re-examine the witness as to when police visited his house.

Adv.Nikam(to wit):When did police visit your house for inqury?
Wit:On 1/10/2006.
Adv.Nikam:You have said in your cross-examination that, there are two pits, one which is behind Bhotmange’s house & another which is not visible from your house.And you said that Surekha was killed on both the spots of pit as well as the drain.So, where Surekha was beaten first?
Adv.Jaiswal:Sir, re-eaxmination was allowed for only one point.
Adv.Nikam: Sir, it is to clarify the contradiction since the witness had said that Surekha was killed on both the spots, cowdung pit & the drain.
Adv.Jaiswal: Sir, both i.e. the witness as well the statements were with them for a long time. Who prevented them to rectify the contradiction? Benefit of doubt starts from the contradicting stories.The witness has agreed to both the statements.There is no contradiction.There is no need of re-examination.
Adv.Nikam:If my collegue is trying to accuse me of public prosecutors negligence, I am ready to accept that.But witness can not be blamed for that.
Judge: Adv.Nikam, for how many points, you still want to re-examine.
Adv.Nikam:Sir, on the 3 points.one I have already asked ; The others are where Surekha was beaten first & Who dumped the deads in the bullock cart.
Judge:The decision on the re-examination will be given tomorrow , till then the court is adjourned.
The court is adjourned on 4:45 P.M. till the next day i.e.12 th July



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