Khairlanji: Court Proceeding on 9th August

18Sep07

The court is assembled on 11:45 A.M. The next witness Dileep Ukey is called in the witness box to depose. In the absence of special public prosecutor Adv.Ujwal Nikam, Adv.Khan from C.B.I. is there to examine the witness.

Adv.Khan : What happened on 1/10/06 ?
Wit: On 1/10/06 I along with ShishupaL Bagade was going to my native place Jaamb at around 7 in the morning.
Adv.Khan: Using what conveyance, you were going to Jaamb?
Wit: We were going to Jaamb with my motorcycle.
Adv.Khan: Then ?
Wit: When we reached Chicholi, we stopped at a tea stall for tea.
Adv.Khan: Then ?
Wit : There we heard the discussion among the people there that three dead bodies were found in the canal .
Adv.Khan: Then ?
Wit: We also felt that we should go there .So, myself & Shishupal Bagade went there. It was around 1/2 kms. from that place.
Adv.Khan: What did u see there?
Wit: There were gathered around 10-15 people & 5-6 policemen.
Adv.Khan: Then ? What did u see there?
Wit: The water was flowing in the canal & near the bank in the canal a dead body was entangled the shrub of ‘Kanbaheri’.
Adv.Khan: Then ?
Wit: Then the police present there asked a person named Nimje to fish out the dead body.
Adv.Khan: Then ?
Wit: They asked the people gathered there if anybody would be ready to become an inquisitor & sign as the punch (inquisitor). But nobody was ready. The police asked me whether I would sign as an inquisitor, I readily agreed.
Adv.Khan: Then? Were you alone got ready to be inquisitor.
Wit: No myself and Shishupal Bagade.
Adv.khan: What was the condition of that dead body ?
Wit: That dead body was of 18-19 yrs boy.
Adv.Khan: Then?
Wit: Police then called a gentleman to identify the dead body. He recognised it. That was the dead body of his son whose name he told as Roshan. I came to know that the person’s name was Bhaiyyalal Bhotmange.
Adv.Khan: Were you familiar with Bhaiyyalal Bhotmange before?
Wit: No.
Adv.Khan: What did u notice on the dead body?
Wit: It was having a muddy reddish blue chequered shirt & a ‘banian’ underneath.
Adv.Khan: Then?
Wit:The police took out its shirt & ‘banian’.
Adv.Khan: Then?
Wit: The police showed us the back & front of the dead body by turning it.
Adv.Khan: What did u see on the body?
Wit: Roshan’s scrotum was swollen. It has head injury. There were marks of injuries by cycle chains on its hands, legs, back & on stomach.
Adv.Khan: What did u find more?
Wit: I also found bluish marks of injuries on its stomach, back & legs. Those might have been caused by the sticks.
Adv.Khan: Then?
Wit: The police wrote the inquest report of the dead body.
Adv.Khan: What happened then?
Wit: Police then told us that 2 more bodies were found & they asked us to accompany them to that spot.
Adv.Khan: Then?
Wit: Then I & Shishupal proceeded with them to that spot. At around 1/2km , we saw another  dead body.
Adv.Khan:What did you see there?
Wit: The people were gathered there & in the canal there was floating another body in the shrub of Kaanbaheri.
Adv.Khan: Then?
Wit:From the clothes on the dead body I surmised it to be the body of a female.
Adv.Khan: Then?
Wit: The police took out the dead body with the help of the person, Nimje.
Adv.Khan: Then?
Wit: The police asked Bhaiyyalal whose dead body it was & he identified as his wife, Surekha.
Adv.Khan: What happened then?
Wit: The police turned the dead body on both the sides , in the front as well as on the back.
Adv.Khan:What did u see on it ?
Wit: She was wearing a red coloured blouse & petticoat. Her forehead was badly smashed & she was having marks of  injuries on both the hands. Her right leg too had injuries. There were injury marks of cycle chain on the right side of the back. There were numerous blackish injuries on her entire body.


Pic 01: Self respected Mother and son lying dead

Adv.Khan: Then?
Wit: Then the police wrote the Inquest report of the dead body of Surekha Bhotmange. The police asked myself, Shishupal & another lady Mrs. Panchfula Meshram to sign on it as inquisitors. We all signed on it accordingly.
Adv.Khan: Then?
Wit: As already stated by the police, we proceeded with them to see the third dead body. Again at a distance of around 1/2 km, we found another dead body. It was in the upside position in the shrub of Kanbaheri in the canal.
Adv.Khan: Then?
Wit: Police asked again Mr. Nimaje to take out the dead body. He took that out & placed it near the bank of the canal.
Adv.Khan: Then?
Wit: Then Bhaiyyalal Bhotmange identified the dead body .It was of his son, Sudhir.He was 21-22 yrs. old boy.
Adv.Khan: Then what did u see on the body?
Wit: There was nothing on his body except a muddy coloured underwear.
Adv.Khan: Then?
Wit: It was too turned by both the sides.
Adv.Khan: Then what did u see on his body?
Wit: There were injuries on his back of the skull on both the sides. There were injuries on his forehead as well.
Adv.Khan: What more you noticed on that dead body?
Wit: There were injuries on its stomach, back & above eyes below the eyebrows. There were many marks of plain injuries as well blackish injuries of sticks. There numerous injuries on various parts of the body. His srotum & penis were swollen. His underwear was found to be soiled with the faeces & urine after removing it.
Adv.Khan: Then?
Wit: Then police prepared Inquest report of Sudhir Bhotmange. I & Shishupal  Bagade signed on it.
Judge: (Adv.Khan showing him the inquest reports) Is whatever written on the inquest report right or wrong?
Wit: It is right ,sir.
Adv.Khan: Then what did the police do?
Wit: The police took different photographs of the dead bodies wherever they were found.
Adv.Khan: Can you identify the photos?
Wit: Yes.
Adv.Khan: After the incident were you called by the C.B.I.?
Wit: The C.B.I. called me & showed me the Inquest report on 11/12/2006.I told them those were the correct entries as I had told the police on the spot where the dead bodies were found.

(At this stage,Adv.Khan searches for the original photographs of the dead bodies. But he could not found it .He sends for them to be fetched from his ofifice by a constable. Then Adv.Khandewale asks the court to adjourn the court for lunch break since it is already 1/2 past 1 p.m.& by that time the photos can be brought from the.C.B.I.office.Hon.Judge agrees & adjourns the court till 2:45 P.m.)

(At 2.45P.M. the court reassembles, as.Adv. Khan shows the witness photographs of the dead bodies and the witness correctly identifies them one by one. Hon. Judge asks accused Gopal, Sakru, Prabhakar and Jagadish if they want to cross examine the witness since their counsel Adv Jaiswal is absent . They decline. At 3.15p.m., Adv. Khandewale rises to cross examine him.
Adv. Khandewale: What do you do?
Wit: I am a contractor.
Adv. Khandewale: What kind of contractor you are?
wit: Civil construction contractor.
Adv. Khandewale: Of which department you take contract?
Wit:I take contract of private construction.
Adv.Khandewale: Do you have any licence?
Wit: No, it is not required because I do private construction work only.
Adv. Khandewale: Do you have any civil degree or diploma?
Wit: No, I am 12th passed.
Adv. Khandewale: Do u take part in politics?
Wit: Yes
Adv. Khandewale: Do you contest Panchayat Sameeti elections?
Wit: Yes.
Adv. Khandewale: From which party?
Wit: Nationalist Congress Party .
Adv.khandewale: Are you presently a member of Panchayat Sameeti?
Wit: Yes.
Adv. Khandewale: From which constituency?
Wit: Mohagaondevi.
Adv. Khandewale: Because you are a politician, you might be coming in contact with lot of personalities like police officers, political leaders & other big personalities.
Wit: Not police officers but with other people.
Adv. Khandewale: If any major incident occurs in your area , then you come to know about it . Right?
Wit: Yes.
Adv.Khandewale: Whenever it is proper ,yo u try to solve the difficulties of the people . Right?
Wit: Yes.
Adv.khandewale: So, the incident of 29/9/06 was known to you alredy.Right?
Wit: No.
Adv.Khandewale: Why were you going to Jaamb with Shishupal Bagade.?
Wit: It was my personal work.
Adv.Khandewale: What is the distance of Chicholi from Varathi?
Wit:About 20-21kms.
Adv.Khandewale: What is the distance of Chicholi from Jaamb?
Wit: 7-8kms.
Adv.Khandewale: What other villages are there on the way to Jaammb from Varathi other than Chicholi?
Wit: Mohadi,Mohgaon.
Adv.Khandewale: In which direction canal was flowing?
Wit: From west to east.
Adv.khandewale: My assertion is that when you reached on the spot of the finding of the first dead body, it was already taken out of water & placed on the bank of the canal. Right?
Wit: No,it is not right.
Adv. Khandewale: Is it true that the shrub of the Kanbaheri are at the banks of the canal?
Wit:Yes.
Adv. Khandewale: Is it right that the dead bodies were taken out of the canal by the joint efforts of 2-3 persons.
Wit: No, only Nimje took them out.
Adv. Khandewale: Was canal water flowing or stagnant?
Wit: It was flowing.
Adv.Khandewale: Was the stream of canal water fast or slow?
Wit: How can I gauge its speed unless I get down into the water?
Adv. Khandewale: What was the depth of water.
Wit:I did not descend into the water, so I can not tell its depth.
Adv.khandewale: But you must have seen the person getting into the water to take out the dead bodies?
Wit:The canal was waste deep.
Adv. Khandewale: Have you given any statement to C.B.I. on 11/12/06?
Wit: No statement was given to C.B.I..
Judge: Then why you were called by them?
Wit:The C.B.I. called me to identify the copies of the inquest report & to ascertain the signature of mine therein.
Adv. Khandewale: Was that verification in the form of writing?
Wit: No, it was not.
Adv. Khandewale: Is it right to say that you have not given statement to C.I.D. or Andhalgaon police station?
Wit: Yes, I have not given any statement to C.I.D. or Andhalgaon police station except Inquest Report.
Adv.Khandewale: Do u know Bhaiyyalal Bhotmange?
Wit: Yes.
Adv. Khandewale: Since from the incidence Bhaiyyalal Bhotmange is living with you .Right?
Wit: From 4 months after the incidence Bhaiyyalal is living with me.
Adv. Khandewale: Before living with you , Bhaiyyalal was living with Rashtrapal Narnavare.Right?
Wit: I don’t know.
Adv. Khandewale: After the incidence, he got monetary help from the government. Right?
Wit: Yes.
Adv. Khandewale: Is it right that with your help, he deposited this amount into Varathi’s bank?
Wit: Yes.

 (At this stage Adv. Khan objects the questioning as it does not bear relevance to the incident. Judge rejects saying the defence was trying to prove his story that the witness was interested in the victim.)

Adv. Khandewale: Can you tell the dimensions of the injuries found on the dead bodies.?
Wit: The police measured; but I can not remember their size.
Adv. Khandewale: Did it happen then that the police already had written the Inquest report & you only signed on it?
Wit: No.
Adv. Khandewale: You have identified the photos of the dead bodies. Were you shown these photos on the day of the incident?
Wit:On the day of the incident the photos were taken.
Adv. Khandewale: What  I am asking is whether the photos were shown to you on the day of the incident. Don’t talk too much & show your cleverness.

(At this stage Hon. Judge objects to the manner of questioning of the defence. Adv. Khandewale relents & asks another question)
Adv. Khandewale: Do you know the name of the person who took these photos?
Wit: I don’t know the name of the photographer.
Adv. Khandewale: I assert that you were not there when the photos were being taken.
Wit: No, it is not true. I was there.
Adv. Khandewale: My assertion is that you were not present on the place where the dead bodies found & the police only took your signatures later.
Wit: No it is false.
Adv. Khandewale: Did you receive any summons to testify before this court?
Wit: No. I have not received it for todays deposition.
Adv. Khandewale: My assertion is that as you are near to Bhaiyyalal ,you are testifying as told by Bhayyalal Bhotmange.
Wit: No, It is false.

 (Adv.Khandewale finishes his cross-examination at 4:30 P.M. Now.  Adv.Ninad Bederkar, son of the defence lawyer Adv.Madhav Bederkar rises to cross-examine the witness)

Adv.Bedarkar: When you were sitting in the tea stall at Chicholi did you ask whose bodies were they?
Wit: No I did not ask.
Adv.Bedarkar: When you reached on the spot where the first dead body was found did you ask whose dead body it was?
Wit: No, I did not ask.
Adv.Bedarkar: Except Inquest report, do u know any other paper work done by the police?
Wit: No.
Adv.Bedarkar: Do you know about any material goods or clothes deposited by the police?
Wit: The police sealed clothes of the dead bodies.
Adv.Bedarkar: Do you know about any deposition document prepared by the police?
Wit: No.
Adv.Bedarkar: How many signatures you made?
Wit: Total 3, one on each paper.
Adv.Bedarkar: After that you went to the police station. Right?
Wit: No.
Adv.Bedarkar: Did you see those photos before?
Wit: No.
Adv.Bedarkar:My assertion is that to falsely implicate the accused you are testifying.
Wit: No.
Adv.Bedarkar: My assertion is that you only signed on the already prepared Inquest Report.
Wit:No, It is false.
(Adv. Bedarkar finishes his cross-examination at 4:40 P.M.Hon.Judge adjourns the court till the next date i.e.23 September 2007.)
 



One Response to “Khairlanji: Court Proceeding on 9th August”

  1. This is the first time I am reading a real life court proceedings. You have documented really well without missing any word. I could visualize it and it’s so scary to speak as a witness.


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