Khairlanji : Court Proceedings on 12th July

10Aug07

The court asembles at 11:15A.M.

Judge:Since the defence should not get the undue advantage of the witness’s contrdictory statements, I allow the public prosecutor to re-examine the witness Suresh Khandate.
Adv.Jaiswal : How can the court allow the presecution to get the witness re-examined We will challenge the decision in the High court.We are moving application for that.
Judge : You can go to the High Court.That will facilitate a permanent solution to the question of relentless re-examination of the witness as then you may come up with some guidelines.But since it is necessary for the judgement  to proceed with the re-examination,the court would allow that.But as you are filing the petition in the high court, we will proceed with the other witnesses.
Adv.Jaiswal : Under the garb of the judgement,the skills of the defence lawyer are killed by this process of re-examination ; but we are ready to fight against it even up to the Supreme court.
Judge:That will solve the problem for once & all ;since the Hon.Supreme court is in better position to give such guidelines for the re-examination .Till the High court delivers its order about the re-examination, we will proceed with the next witness.
Adv.Ajaj Khan : Sir, I request the court that the next witness, Yadnapal Khobragade be called for the examination.
Adv.Khandewale(objecting):Sir, how can they change the order so suddenly?According to the list provided by the prosecution, it is the turn of Rastrapal  Narnavare to depose before the court.
Judge:Adv.Khan, you should stick with the schedule.There should be no surprises.
Adv.Khan:Sir, it is the priviledge of the prosecution to call the witness.The witnesses were summoned by the court to depose.

Moreover, for the last 2 days, the witness Rastrpal Narnavare was coming daily to the court for his deposition; but today he has not come.The witness Yadnapal Khobragade is included in the list as the next witness, so I requsted the court to call him up.There is no surprise in it.
Adv.Jaiswal : Sir. we can wait for 1 hr. for Rastrapal to come if the prosecution can arrange for his arrival.
Judge: No, we can’t wait for 1 hr.for him.There is no point in waiting.

 (Hon.Judge points the witness,Yadnapal Khobragade, who is already sitting in the courtroom towards witness-box.The witness obliges.)

Judge:Swear to the god that that whatever you say will be the truth & nothing but the truth.
Wit: Whatever I say will be the truth & nothing but the truth.
judge : What is your name?
Wit: Yadnapal Khabragade.
Judge:Where do you live?
Wit : At Deulgaon, tah.Mohadi dist.Bhandara
Adv.Nikam:Who is Surekha Bhotmange?
Wit:She is my real sister.
Adv.Nikam: Was Bhaiyyalal her husband?
Wit:Yes.
Adv.Nikam:  How many children did Bhaiyyalal & Surekha had?
Wit: 2 sons & 1 daughter.
Adv.Nikam:  When did they marry ?
Wit : I don’t remember.
Adv.Nikam:Where did they live?
Wit:At Khairlanji.
Adv.Nikam:  Where is ur village?
Wit:Our village is 5-7 kms.from Khairlanji.
Adv.Nikam:  What is your education?
Wit:I m 7th std.pass.
Adv.Nikam: What happened on 30/9/06.
Wit : Bhaiyyalal came to our place & asked wheather sister Surekha has come here.
Adv.Nikam: What did u tell him then ?
Wit:I said no .
Adv.Nikam: Then?
Wit:I asked him as to what happened?
Adv.Nikam:Then?
Wit:He said that some of the persons from Khairlanji were beating Surekaha, sudhir Roshan & Priyanka by cycle chains & sticks.
Adv.Nikam:Then?
Wit:Later Bhaiyyalal & I went to Andhalgaon police stn.
Adv.Nikam: At what time you went to Andhalgaon police stn.?
Wit : At 11 in the morning.
Adv.Nikam: Then?
Wit:P.S.I.Bharne was not there.We told head constable that he was Bhaiyyalal Bhotmange .Then he phoned Bharne.
Adv.Nikam: :Then?
Wit:Then the head constable told that P.S.I.Bharne asked them to wait in the police station & he will reach there within 10-15 minutes.
Adv.Nikam: :Then?
wit: After some time Bharane came to the police stn.
Adv.Nikam: :Then?
wit: Bharane told us that, they just found the body of a girl who has name ‘Priyanka’tattoed on her forearm. He asked us to come to that place with him.
Adv.Nikam: :Then?
Wit:We went with him in his jeep to Mohadi .
Adv.Nikam:Where did you go in Mohadi ?
Wit: In rural hospital of Mohadi.
Adv.Nikam:Then?
wit:We saw the dead body of Priyanka.There were no clothes on her body.
Adv.Nikam: :Then?
Wit:She had marks of injuries of cycle chains & sticks.Then the postmortem was done.
Adv.Nikam: :Then?
Thereafter the dead body was taken to Deulgaon & burried.
Adv.Nikam: What happened on 1/10/2006?
Wit: On 1/10/2006, at around 8:30 in the morning, Rastrapal Narnavare called us & told that 3 dead bodies were found. He asked us to come to Andhalgaon?
Adv.Nikam: :Then?
Wit :Then we went to Mohadi?
Adv.Nikam: At what place in Mohadi you went?
Wit:To rural hospital of Mohadi .
Adv.Nikam: :Then?
Wit :I saw in the hospital that there were 3 dead bodies were kept in the tractor.
Adv.Nikam: Whose dead bodies were they?
Wit:They were of Surekha,Roshan & Sudhir.On seeing the dead bodies , I felt giddiness.Surekha’s head was badly smashed.
Adv.Nikam: What was the condition of Sudhir’s dead body?
Wit:On Sudhir’s body there were the marks of injuries by cycle chains & sticks. On Surekha’s body too there were marks of injuries by cycle chains & sticks . Surekha had blouse & petticoat.Sudhir was wearing a underwear.He was bleeding heavily.
Adv.Nikam: What was the condition  of Roshan’s body?
Wit:Scrotum of Roshan was swollen.He was having injuries of cycle chains & sticks.
Adv.Nikam finishes his examination of the witness.Since it is 2 P.M., the court  adjouned for lunch break upto 3 P.M. The court again re-assembles at 3 P.M. But Adv.Jaiswal asks for adjournment  on the pretext of he being not prepared for cross-examination of the         witness.the court is adjourned till the next day i.e.13 th July.
 
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Out of the court, Adv.Jaiswal is interviwed by Atrocitynews correspondent.
A.N.C.:Sir, are there any guidelines for re-examination ?
Adv.Jaiswal:No, nothing like that.There is law by Supreme that in 1999 which is reffered by Adv. Nikam that presucution is allowed to take re-examination.Earlier situation wasyou had to clarify before re-examination.They could not seek explanation,could not ask ancilliary question,could not ask material question.But after 1999, Supreme Court allowed freely the re-examination.
A.N.C.:On all points?
Adv.Jaiswal:On any points. Whatever the point may be.
A.N.C.:If the Supreme Court has allowed it, then why are you petioning in the High Court?
Adv.Jaiswal:The judgement was of 7 years before.The Supreme Court gives every now & then conflicting judgements.So, we are hoping for the reversal of earlier decision.We are petioning the high court, as a first step towards Supreme Court.
A.N.C.:If any next witness is sought for the re-examination.Then will you challenge it again?
Adv.Jaiswal:Yes, definitely, we will challenge it again.
A.N.C.: So it will go on again & again.
Adv.Jaiswal:Yes.

    (Atrocitynews correspondent thanks him & departs)
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