Khairlanji : Court Proceedings on 6th August

10Aug07

The court assembles at 11:30 A.M.At the beginning,the defencce lawyer Adv.Sudeep jaiswal seeks for the adjournement of the court citing the reason of  pending of the petition against the re-examination of the witness Suresh Khandate.Following  is the discussion between him & the judge.

Adv.Jaiswal: Sir, the proceeding should be adjourned since the matter is subjudice before Hon.High Court.Because if you pass any order for re-examination , we shall have to again challenge it.
Judge(angrily): I have not yet passed any order you are talking of challenging it.This is not the right way to express before the court.
Adv.Jaiswal: I am sorry sir, if  I caused any annoyance to the court.But to whom we can express our grievance? It is only the Hon.court.Our submission should be kindly considered by the Hon.Court.

( The Hon.Judge writes some points.)

Judge:I am rejecting your application so now you proceed with the cross-examination.
Adv.Jaiswal: Sir, we are not prepared for the cross examination.I again humbly request the court to adjourn the proceeding untill the order about the re-examination of the witness is passed by the Hon.High Court.
Judge:You have to proceed.If you want, you three can discuss this out of the courtroom.

(Defence lawyers Adv.jaiswal, Adv. Khandewale & Adv.Bedarkar go out of the courtroom & and come back after some time.)

Adv.Jaiswal:Sir, upto lunch time i.e.2 P.M., I will cross examine,then I shall continue from tomorrow morning.
Judge:O.K.you proceed.

Witness Yadnapal Khobragade is called into the witness – box.
Adv. Jaiswal: Bhaiyyalal came to ur house & told u that 50-60 people had attacked his house.Right?
Wit:Yes.
Adv. Jaiswal:Is it right that before going to Andhalgaon police station, the police complaint had been written by a motor mechanic?
Wit:Yes.
Adv. Jaiswal:Is it true that the application witten by that motor mechanic was submitted to the Andhalgaon police station?
Wit:Yes.
Adv. Jaiswal:Is it right that Bhaiyyalal had told you that on 29/9/06 when 50-60 people attacked his house, he got frightened & flied to Dhusala.
Wit:Yes.
Adv. Jaiswal:Did you tell this to the police officer?
Wit:No.
Adv.Jaiswal: If such thing is written in your record of the C.B.I.that you told that to the police officer, then would that be wrong?
Wit:(Keeps silent)
Adv.Jaiswal: What is true, your testimony before this court or your statement to the C.B.I.?
Wit:My deposition to this court is true.
Adv.Jaiswal: How many statements were recorded by C.B.I.?
Wit:Only one.
Adv.Jaiswal:If more than 2 statements are recorded then one of them will be wrong.Right?
Wit: Yes.
Adv.Jaiswal:For how many times you went to Andhalgaon police stn.?
Wit:2 times.
Adv.Jaiswal: On what dates?
Wit:On 30/9/2006 & On 1/10/2006.
Adv.Jaiswal: Did you tell these facts to the police officers of Andhalgaon police stn.?
Wit:Yes.
Adv.Jaiswal: When u told them?
Wit:I told them when I went there for the first time to lodge a police complaint.
Adv.Jaiswal: Did police record your statement?
Wit: Whether they did or din’t , I don’t know.
Adv.Jaiswal: After the day of incidence, for how many times did Andhalgaon police visited your house.?
Wit:They never visited my house.
Adv.Jaiswal: Did C.I.D.visit your house?
Wit:They might have come ; but I might not be available.
Adv.Jaiswal: Is it true that on 30th september 06 , Priyanka’s final rites were done & on 1st october the other 3 dead bodies had the last rytes in Deulgaon?
Wit:Yes.
Adv.Jaiswal: Did you get the dead bodies from Mohadi rural hospital by Andhalgaon police?
Wit:Yes.
Adv.Jaiswal: Did Some of the police from them come with you to Deulgaon & stayed there for some time after the last rites?
Wit:Yes.
Adv.Jaiswal: Did you tell these policemen about what Bhaiyyalal told you about the incidence?
wit:No.
Adv.Nikam(objecting):Sir, the phrasing of the question is wrong since it is open for wrong interpretation that even after police enquiry, he did not tell them.So, it should be in question & answer form.
Adv.Jaiswal: Sir, I am not redy for it. This is my cross-examination.I have asked the witness a question & he rightly answered it.If he wants to record his objection, it is O.K.I have no objection over recording his objections
The Hon. Judge records Adv.Ujwal Nikam’s objection.As it is 2 P.M., the court is adjourned for the lunch-break.The court again re-assembles at 3 P.M.The witnesses’s recorded
 statements are checked by Him.And it is again  adjourned till the next day i.e.7
 th August.



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