Khairlanji Massacre: Court Proceedings on 8th Aug 2007

04Sep07

The court assembles at 11 A.M.The witness , Rastrapal Narnavare(brother of Surekha Bhotmane) is again called to be cross-examined by Adv.Jaiswal.

Adv.Jaiswal : You have told before this court that , Surekha told you that, she was fearing her life. Did you tell this to C.B.I.or Andhalgaon Police Station ?
Wit : Yes.
Adv.Jaiswal : But it is not recorded in your statement to either in C.B.I. or Andhalgaon Police Station.Can you give any reason?
Wit : I might have forgotten while giving statement ; I don’t know exactly.
Adv.Jaiswal: Did you tell the C.B.I. or Andhalgaon police station that Surekha told you that 12 persons were going to Kandri to kill Sidhharth & Rajan Gajbhiye?
Wit: I told it to the Andhalagaon police station.
Adv.Jaiswal: Did you also tell to the Andhalagaon police station that Surekha told you that there was the danger to the family?
Wit: Yes.
Adv.Jaiswal: But it is not there in the record.Why?
Wit : I can not assign any reason for that.
Adv.Jaiswal: You have told before this court that you asked Surekha to complain to the  the Andhalgaon police station ;but she answered that she can not go to the Andhalgaon police station .Did you tell  this to the Magistrate?
Wit:Yes.
Adv.Jaiswal:  But it  is not on the record . Why?
Wit: I can not give any reason for that.

Judge( to prosecution):Why there are so much contradictions & omissions?
Adv. Nikam:Sir,there were different authorities recording the statement.We will say more about that latter.We don’t want to complicate the matter.
Judge: So, my opinoion is that I will record all the statements and the objection can be heard & recorded at the time of final judgement.
Adv.Nikam: Sir, the objections should be recorded at the time of trial.That is the procedure.
Adv.Jaiswal: Sir, my suggestion is that let whatever the argument & objections put before the court be decided at the same time ; but be kept with the court in His Safe custody to be applied at the time of judgement.
Judge:Yes that will be better.All the objections will be heard at the time of examination & cross examination and the order passed on it shall be saved with me to be applied at the time of final judgement.
Adv.Jaiswal(To witness):You have said in this court that Surekha told you that she can not go to Andhalgaon police stn., beacause 2-3 days before, 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 & palriamentarians.They would not be responsible if she depose & suffer as a consequence.Have u told this to Magistrate?
Wit:No, I did not tell.
Adv.Jaiswal: Have you told the Magistrate that those 12 persons were going to Kandtri?
Wit : Yes.
Adv.Jaiswal: But it is not recorded in the statement.Why?
Wit: I can not assign any reason for that.
Adv.Jaiswal: Can you give reason for instead of saying those 12 persons were going to Kandri as you told in this court, the 12 persons went to Kandri as you told to the Magistrate?
Wit: No, I can not assign any reason for that.
Adv.Jaiswal:  Look, you have told in this court that,P.S.I.Bharane told you that a dead body was found in Wadegaon Shivaar canal & then he asked you to go to Mohadi Rural Hospital.Did you tell this to C.B.I.?
Wit:Yes.
Adv.Jaiswal: But it is not in your written statement.Why?
Wit: I can not assign any reson for that.
Adv.Jaiswal: You saw on the bodies the injuries of cyle chains & sticks.Did you tell this C.B.I.?
Wit: Yes.
Adv.Jaiswal: But it is not recorded in the statement.Why?
Wit: I can not assign any reason for that.
Adv.Nikam : Sir, omission is in respect of body found in the canal & marks of injuries of cycle chains & sticks.
Adv.Jaiswal:  Sir, omission is also in respect of P.S.I.Bharane asked him to go to Mohadi Rural Hospital.
Adv.Nikam : Sir, the statement is ,”Bharane told us a body was found in Wadegaon Shivaar canal.you see that body &  accordingly I went to Mohadi”.The literal asking of to go to Mohadi Rural Hospital is not there.
Judge: But it is implied.The witness would not go the Mohadi Hospital for wandering.
Adv.Jaiswal: Sir, let our objection be recorded.
Judge(In tone of irritation): Itni chhoti chhoti baton ka objection loge to kuchh bhi nahin hogan (If you object for so small things,then we won’t be able to do any work)
Adv.Jaiswal: Sir, I request then to delete just recorded part.
 (Judge records the objections of Adv.Nikam & Adv.Jaiswal.)

Adv.Jaiswal: Have you told to the Magistrate & Andhalgaon police that you went to Andhalgaon police station on 30/9/06?
Wit: Yes.
Adv.Jaiswal:  But it is not written in your statement.Why?
Wit:I can not assign any reason for that.
Adv.Jaiswal: You told in this court that Surekha was wearing blouse which was torn & petticoat.Her head was badly smashed ,Roshan was wearing banian & Sudhir’s scrotum was swollen.All the bodies bore the marks of injuries of cycle chains & sticks.Right?
Wit: Yes.
Adv.Jaiswal: Have you told this to the C.B.I.?
wit: Yes.
Adv.Jaiswal:  But it is not written in your statement.Why?
Wit:I can not assign any reason for that.
Adv.Jaiswal: Then you told in this court that police made verification & inquiry means they told you to identify the bodies. But this is not there in the C.B.I.record. Can you give reasons for that?
Wit : No.

 (The court is adjourned for Lunch. At 3 P.M.,Adv.Khandewale tells the court that since Adv.Jaiswal is not feeling well Adv.Lakhanikar will be cross-examining the witness,Rashtrapal Narnavare.At 3:10 P.M.witness,Rashtrapal Narnavare is again called in the witness box.)

Adv.Lakhnikar : With whom do you live?
Wit: I live with my mother, brother & sister in law.
Adv.Lakhnikar: What is your occupation ?
Wit: I bring up the hens & sell them in my shop.
Adv.Lakhnikar: Which vehicle do you possess?
Wit:A 2 wheeler,CT-100
Adv.Lakhnikar: Do you have any other vehicle apart from CT-100?
Wit:Yes.A goods carrying 4 wheeler,TATA-Ace.
Adv.Lakhnikar: Can the vehicle carry 2 sitting  persons in the rear ?
Wit:No,that much persons can’t seat in the rear.
Adv.Lakhnikar: Can 2 persons seat in front ?
Wit:Only Driver & a coductor can seat.In emergency,some persons can stand in the rear.
Adv.Lakhnikar: Would you go frequntly every month to Khairlanji to meet your Aunty,Surekha?
Wit:No, not that frequently,but once in 2 months.
Adv.Lakhnikar: In the same way, would Surekha also come to Varathi to visit your house?
Wit: Yes.
Adv.Lakhnikar: Would she & her children stay with you at your house?
Wit:Whenever Surekha would come,her children would stay at home in Khairlanji & Whenever children would come, Surekha would stay at home in Khairlanji.
Adv.Lakhnikar: Did she possess the cattles ?
Wit:Yes.
Adv.Lakhnikar: What is the distance between Varathi & Khairlanji ?
Wit : 20 Kms.
Adv.Lakhnikar: What is the distance of Varathi to Bhandara?
Wit:10-11 Kms.
Adv.Lakhnikar: Do you know where the Mohadi & Andhalgaon Police stations are ?
Wit : Yes.
Adv.Lakhnikar: you are learnt upto 12 th Standard.Then are you aware that if any crime happens, then it should be complained to Police station ?
Wit: Yes.
Adv.Lakhnikar: When Surekha called you that some persons with sticks & cycle chains were going to some village, did you then go to Varathi police post?
Wit: NO.
Adv.Lakhnikar: Why?
Wit: Because I could not feel the seriousness of the matter.
Adv.Lakhnikar: you told Surekha to call Andhalgaon police station ;but you did not call yourself.Right?
Wit:Yes.
Adv.Lakhnikar: Do you know the phone numbers of Sidhhartha, Rajan & Yadnapal Khobragade?
Wit: I don’t have cell numbers of Sidhhartha & Rajan Gajbhiye.Yadnapal Khobragade don’t have cell or landline phone.
Adv.Lakhnikar: Do you know Sidhhartha & Rajan Gajbhiye?
Wit:Yes.
Adv.Lakhnikar: Would  Sidhharth Gajbhiye  visit Surekha frequently?
Wit : I don’t know.
Adv.Lakhnikar: Did you tell anybody that Surekha called you & told you that some pesons with sticks & cycle chains were going to Kandri?
Wit : Yes,I told it to my family member.
Adv.Lakhnikar: To whom ;from your family you told?
Wit : I told it to my brother, Kailash Narnavare.
Adv.Lakhnikar: How old is he ?
Wit : He is 3-4 years older than me.
Adv.Lakhnikar: Did police record any statement from Kailash Narnavare?
Wit: No.
Adv.Lakhnikar: Did you go anywhere in the period between the phone call of Surekha & 10:30 in the morning the next day ?
Wit: No.
Adv.Lakhnikar: Are you in contact with any political leader?
Wit: No.
Adv.Lakhnikar: Do you contest elections ?
Wit: Yes.
Judge: Which elections?
Wit:Gram Panchayat elections.
Adv.Lakhnikar:When did you contest the election?
Wit : In 2002.
Adv.Lakhnikar:From which political party did you contest?
Wit: I contested as an independent candidate.
Adv.Lakhnikar:From reserved seat or general seat ?
Wit: From general seat.
Adv.Lakhnikar: After the incidence of 29/9/06 , Bhandara district had lot of agitations.Right?
Wit:Yes.
Adv.Lakhnikar: Did you take part in agitations?
Wit: No.
Adv.Lakhnikar: Did Bhaiyyalal Bhotmange lodge a complaint against you that you misappropriated his money?
Wit:No. No complaint has been made against me.
Adv.Lakhnikar: Then what is the reason of Bhaiyyalal’s leaving your house?
Wit:That was his own decision. Soon after the incidence, he stayed with me for some time, but later he went somewhere else.
Adv.Lakhnikar: Bhaiyyalal now lives with Dileep Ukey.Right?
Wit:I don’t know where he lives now.
Adv.Lakhnikar: Does Bhaiyyalal come to your house?
Wit: He does not come to my house now.
Adv.Lakhnikar: I assert that since you are close relative of Surekha Bhotmange, you want to implicate the accused by falsly deposing before this court.
Wit:No.It is not true.
 (Adv.Lakhnikar finishes his cross-examination at 4 P.M.The court inqiures about the health of Adv.Jaiswal who  is resting in his car outside in the court premises. But after learning that he is still unwell , Hon.Judge  adjournes the court till next day i.e.9 th September.)



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