Khairlanji Massacre: Court Proceedings on 7th Sept 2007

03Sep07

The court assembles at 11:35 .Adv.Jaiswal is ready to cross-examine the witness Yadnapal Khobragade who is alredy in the witness box.

Adv.Jaiswal: What is your education ?
Wit: I am 10th std.pass.
Adv.Jaiswal: Do you know  if any crime happens; it is a duty of an aware citizen to report to the Police station?
Wit: Yes.
Adv.Jaiswal: You knew about Kharlanji incidence,then why you didn, tell earlier to the police stn.? Why you only told this  after the funeral of dead bodies?
Wit: I did not got to the police stn.?
Wit:i could not get the time.
Adv.Jaiswal: Even thogh the dead person was your sister; you could not find the time?
Wit:I was ill.
Adv.Jaiswal: For how many days you were ill?
Wit: For 8 days.
Adv.Jaiswal: But after the 8 days, why you did not go to the police stn.?
Wit:Because Bhaiyyalal was visiting the police stn.
Adv.Jaiswal: You told in this court that Bhaiyyalal came to you & asked whether Surekha had come to your house , then you asked you him what had happened.Right?
Wit: Yes .
Adv.Jaiswal: Did you tell this to C.B.I.?
Wit : Yes.
Adv.Jaiswal: Then why is it not recorded in your statement to the C.B.I.? Can you give any reasons for that?
Wit:No.
Adv.Nikam(objecting): Sir, that is there .The omission is only asking of  Yadnapal  to Bhaiyyalal as to what  had happened.

 (The judge agrees & records the objection)

Adv.Jaiswal: You told this court that, you told Sidhhatha Gajbiye about the incidence the next day.Right?
Wit: Yes.
Adv.Jaiswal: Did you tell this to C.B.I.?
Wit : Yes.
Adv.Jaiswal: Then why is it not recorded in your statement to the C.B.I.,? Can you give any reasons for that?
Wit:No.I can not assign any resons for that.
Adv.Jaiswal: You went to the police stn. of Andhalgaon. you met the head constable there to whom you said that you want to lodge a police complaint.Then that constable asked you your names as you earlier told before this court.Right?
Wit: I lodged complaint with the constable.
Adv.Jaiswal:Raising his voice. But what I m asking that ……….
Judge(Interrupting):The witness has said that he lodged compalint with the police.
Adv.Jaiswal: Yes sir, but I am asking about the omissions.
Judge : Material facts are more important.
Adv.Jaiswal: Sir, let then the cross- examination be in the question & answer form. I am ready for that.
judge : Look, Adv.Jaiswal instead of minor omission, the factual material asserted by the witness must be considered .
Adv.Jaiswal(to the witness) : you went to the rural hospitalof Mohadi & you saw the dead body of Priyanka  which bore the marks of injuries of cycle chains & sticks as you told in this court.Did you tell this to C.B.I.?
Wit:Yes.
Adv.Jaiswal: Then why is it not written in the C.B.I.record ?
Wit:I can not assign any reason for that.
Adv.Jaiswal: You told in this court that, you saw 3 dead bodies in the tractor. Surekha’s skull was badly smashed.She was wearing red blouse & petticoat.Sudhir was wearing underwear & Roshan’s scrotum was swollen.Did u tell this to C.B.I.?
Wit:Yes.
Adv.Jaiswal: Then why is it not written in the C.B.I.record ?
Wit:I can not assign any reason for that.
Adv.Jaiswal: you told in this court that all the 4 dead bodies bore the marks of injuries by cycle chains & sticks .Right?
Wit:Yes.
Adv.Jaiswal:Did you tell this to C.B.I.?
Wit:Yes.
Jaiswal: Then why is it not written in the C.B.I.record ?
Wit:I can not assign any reason for that.
Adv.Nikam: Sir,the omission is in respect of the cycle chains & sticks.

 (The Judge records that omission is in respect of cycle chains & sticks.)

Adv.Jaiswal:You told in this court that Surekha’s skull was badly smashed.Did you tell this to the C.B.I.?
Wit:Yes.
Adv.Jaiswal: Then why is it not written in the C.B.I.record ?
Wit:I can not  assign any reason for that.
Adv.Jaiswal:(Showing the complaint of Bhaiyyalal) This is the police compaint of Bhayyalal registered in the police station of Andhalgaon Police stn.on 30/9/06.Can you tell me the names that Bhaiyyalal gave to the police constable ?
Wit:No, I don’t know about the assilants, so I  can not remember their names.
Adv.Jaiswal: Bhaiyyalal had complained to the Police station of Andhalgaon that his wife & children were missing, Right ?
Wit:Yes.
Adv.Jaiswal: Look whatever you told before this court was told to you by Bhaiyyala Bhotmange. Right?
Wit:Some of the things were told to me by Bhaiyyalal & others I have seen myself.
Adv.Jaiswal: Look, you are deposing because you want to implicate the accused & you are tutored by Bhaiyyalal & C.B.I.to speak against them in this court.Right?
Wit:No, this is not true.

 (At 1:25 P.M. Adv.Jaiswal finishes his cross-examinaton.Now, Adv.Khandewale rise to   cross – examine the witness.)

Adv.Khandewale:Surekha would not come to your house frequntly from Khairlanji.Right?
Wit: Yes.
Adv.Khandewale:So you too would not visit her house. Right?
Wit:Yes.
Adv.Khandewale: What is the distance between Deulgaon & Khairlanji?
Wit:About 8- 10 kms.
Adv.Khandewale : Is it true that she would not stay if she visited your house?
Wit:Sometimes she would & sometimes not.
Adv.Khandewale: Is it true that Sidhhartha Gajbhiye & Surekha would meet each other more often than you ?
Wit:I don’t know.
Adv.Khandewale: Is it true that if Surekha needed anything, she would ask Sidhharth Gajbhiye istead of waiting for your help?
Wit:Yes.
Adv.Khandewale: Is it true that relations between you & Bhaiyyalal were not good?
Wit: No, this is not true.
Adv.Khandewale: Is it true that Bhaiyyalal would not come to you by his own?
Wit: No,This is not true.
Adv.Khandewale: Is it true that , when you went to Mohadi Rural Hospital, to see Priyanka’s dwad body, it was kept in 20 by 20 feets’ room?
Wit: Yes.
Adv.Khandewale: That body was kept in the Postmortem’s room. Right?
Wit:Yes.
Adv.Khandewale: Is it true that the body was shown to you from some distance of around 10 feets?
Wit:No, I had seen it from very close to the table.
Adv.Khandewale: Is it true that on the next day on 1/10/06 , you saw the other three dead bodies in the same room & on the same postmortem table?
Wit:No, they were in the tractor.
Adv.Khandewale: Do you want to say that the tractor carrying the 3 dead bodies was standing in front of the hospital?
Wit:Yes.
Adv.Khandewale: My assertion is that after seeing the dead bodies, you felt giddiness & you came back to your house.
Wit: No, This is not true.
Adv.Khandewale: My aseertion is that you are testifying falsly because C.B.I. has told you so & you are false implcating the accussed.
Wit: No. this is not true.

 (Adv.Khandewale finishes his cross-examination & Adv.Bedarkar does not feel the need of cross-examinating the witness.So, the witness gets out of the witness box.Since it is 1:45 P.M., the Judge declares adjournment for the lunch break till 2:45 P.M.
At 2:45 P.M.,the court re-assembles.The next witness Rashtrapal Narnavare is called to depose.The special public prosecutor Adv.Ujwal Nikam is ready to examine him.)

Judge: Say,” I swear to God that whatever I say will be the truth & nothing but the truth”.
Wit: I swear to God that that whatever I say will be the truth & nothing but the truth.
Adv.Nikam :Who was Surekha Bhotmange?
Wit: She was my mother’s younger sister.
Adv.Nikam : When did they marry ?
Wit:About 20-25 years before.
Adv.Nikam: Where did they live?
Wit:At  Khairlanji.
Adv.Nikam: How many children did they have?
Wit:3,two sons & a daughter.
Adv.Nikam: Who is Yadnapal Khobragade?
Wit: My Uncle.
Adv.Nikam: What happened on 29/9/06?
Wit:At around 5:30 in the evening , she called me on my cell phone.
Adv.Nikam: What did she say?
Wit:She asked me to come to Khairlanji.
Adv.Nikam: Then?
Wit: I asked her why she wanted me to come to Khairlanji.She told me that 12 persons involved in the assault on Sidhhartha Gajbhiye had been freed on bail & had come back to the village.They are with the sticks & are preparing to go to Kandri .
Adv.Nikam: Why to Kandri?
Wit:They were getting ready to go  to Kandri by the  tractor to kill Sidhhartha & Rajan Gajbhiye.
Adv.Nikam: Then what did she say next?
Wit: She then said she was fearing for her & the family’s lives from them.She asked me to come to Khairlanji.
Adv.Nikam:Then?
Wit:I told her that I can not come there since it was evening.I asked her to come at my residence . But she told that she too can not leave the place because of the cattles.
Adv.Nikam:Then?
Wit:Then I asked her to complain to Andhalgaon Police stn.
Adv.Nikam:What did she say on this?
Wit:She said that she can not go to Andhalgaon police stn. beacause before  2-3 days, the Andhalgaon police station’s P.S.I., Bharane & the village vice-sarpanch came home & they thretened her not to give deposition against the villgers as these people were backed by the legislatures & parliamentarians.They would not be responsible if she depose & suffer as a consequence.
Adv.Nikam:Then?
Wit:Then I asked her what she would do next.She said that those people had gone to Kandri. She would call me it they attack her house & the she disconnected the phone.
Adv.Nikam:What was your cell number at that time ?
Wit:9820496845.
Adv.Nikam:From what did Surekha call & what was its number ?
Wit: Surekha called from her cell phone numbered as 9820480829.

 (Since Adv.Nikam is not feeling well, Adv.Ajaj Khan rises to examine the witness)

Adv.Khan: What happened on 30/9/06.
Wit:On30/9/06 at around 10 to 10:30 in the morning , Yadnapal Khobragade called me on my cell phone.
Adv.Khan: What did he say ?
Wit : He told me that he was in Andhalgaon Police station .
Adv.Khan: Why they were in Andhalgaon police station ?
Wit: He told me that they were there to lodge a police complaint since Surekha,Sudhir, Roshan & Priyanka Bhotmange were missing.
Adv.Khan: What did you do then ?
Wit:I reached  police station within 1/2 an hour.
Adv.Khan:Then?
Wit: After some time P.S.I.Bharane reached there. He told me that a dead body was found at Wadegaon Shivaar canal.
Adv.Khan: Then where did P.S.I.Bharane told you to go?
Wit: He asked me to go to Mohadi Rural Hospital.
Adv.Khan: Who were with you ?
Wit: Bhayyalal Bhotmange & Yadnapal Khobragae.
Adv.Khan:Then?
Wit:We reached there & saw the dead body of Priyanka Bhotmange.
Adv.Khan: What did you see?
Wit:Her body was completely naked & there were marks of injuries by cycle chains & sticks.
Adv.Khan:Then?
Wit:After postmortem her dead body was handed over to us.
Adv.Khan:Then?
Wit:We took it to Deulgaon & performed the last rytes.
Adv.Khan: Last rytes means what?
Wit:We burried the dead body.
Adv.Khan:Then?
Wit:After burrying the dead body of Priyanka , we asked P.S.I.Bharane present there as to what happened to Sudhir,Surekha & Roshan. He told me that they were searching.He asked me to come to Andhalgaon police station at 11A.M., the next day.
Adv.Khan:Then?
Wit :I reached Andhalgaon Police Station between 10 to 11 in the morning, the next day.
Adv.Khan:Then?
Wit: I asked station diary incharge present there as to what happened to the 3 missing persons.
Adv.Khan:Then?
wit:He told me that 3 dead bodies were found in Wadegaon to Shivani shivaar.
Adv.Khan:Then?
Wit:I reached to that place.There I found the dead bodies of Surekha, Sudhir & Roshan. 
Adv.Khan:Then?
Wit:Then P.S.I.Bharane & P.I.Susatkar came there & asked me whether I knew the 3 dead persons.I told them that those were of Surekha, Sudhir & Roshan Bhotmange.
Adv.Khan: Where did you find those dead bodies  ?
Wit:They were at the bank of the canal of Wadegaon to Shivani Shivaar.
Adv.Khan: What was the condition of the dead bodies?
Wit: Surekha’s head was badly smashed & she was wearing blouse & Petticoat. Roshan was wearing banian & his scrotum was swollen. On his body there were marks of injuries of beatig by sticks.
Adv.Khan : On whose dead bodies such marks of injuries were there?
Wit:On all the 3 dead bodies.
Adv.Khan: What was the condition of the dead body of Sudhir?
Wit:He was on underwear.All the dead bodies bore the marks of injuries cause by cycle chains & sticks.
Adv.Khan:Then?
Wit:Then those 3 dead bodies were taken to Mohadi Rural Hospital.
Adv.Khan:Then?
Wit:Then they made verification & inquiry.
Adv.Khan: What do you mean by that?
Wit:They asked me whether those dead bodies were of Surekha, Sudhir & Roshan.I said ‘yes’.Then they put those dead bodies in a tractor & took them to the Mohadi Rural Hospital.
Adv.Khan:What happened in Mohadi Rural Hospital?
Wit:Postmortem was done there.

 (Adv.Khan finishes his examination of the witness at 4 P.M. Then Hon.Judge asks the Defence Lawyer Adv.Sudeep Jaiswal to cross-examine the witness since the court can still work for next 1 to 1:30hr.But Adv.Jaiswal declines saying he will cross-examine the next day .But Judge refuses & makes adv.Jaiswal to start the cross-examination.Adv.Jaiswal begins at 4:10 P.M.)

Adv.Jaiswal:How many of your statements have been recorded till date ?
Wit:3 statements;one each by Andhalgaon police station, C.B.I. & Magistrate.
Adv.Jaiswal:  Look, you have told in this court that Surekha told you that that 12 persons involved in the assault on Sidhhartha Gajbhiye had been freed on bail & had come back to the village.They were with the sticks & were preparing to go to Kandri.They were getting ready to go  by tractor to Kandri to kill Sidhhartha & Rajan Gajbhiye.Have you told this to Magistrate?
Wit:Yes.
Adv.Jaiswal:  Then why is it not written in the record?
Wit:I can not assign any reason for that.
Adv.Jaiswal:  Did you tell your cell number to C.B.I.or Andhalgaon police station or Magistrate?
Wit:No.
Adv.Jaiswal:In the same way, did you tell the C.B.I., police or the Magistrate that Surekha called you from her cell phone & what its number was?
Wit:No.
Adv.Jaiswal:Look, you have not given same statements to C.B.I.or Andhalgaon Police station or to the Magistrate.
Wit:No, I have given same statemets to C.B.I.or Andhalgaon Police station or to the Magistrate.
Adv.Jaiswal: you have told in this court that at Deulgaon where Priyanka was burried you asked P.S.I. Bharane as to what happened to Surekha,Sudhir & Roshan Bhotmange & you were told to come to Andhalgaon Police station the next day.you went there between 10 to 11 A.M.& staion diary officer asked you to go to Wadegaon to Shivani Shivaar.There you met P.S.I.Bharane & P.I.Susatkar.They asked you to identify the bodies.Did you tell this to the Magistrate?
Wit:Yes.
Adv.Jaiswal:Then why is it not recorded?
Wit:I can not assign any reason for that.
 (Since it was 5:30 P.M., the court is adjourned till the next day i.e.8th August)    



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