Khairlanji: Court Proceeding on 23rd August

19Sep07

The court assembles at 11 A.M.Adv. Jaisawal is ready for cross-examination of the witness,Dileep Ukey who is now in the witness box.

Adv.Jaiswal: You had been elected as a member of Panchayat Sameeti of Mohagaondevi.Right?
Wit: Yes.
Adv.Jaiswal: What is the distance between Varathi to Vadegaon Shivaar where the dead bodies were found?
Wit: 22.5Kms.
Adv.Jaiswal: What is the distance of Chicholi from Vadegaon?
Wit: 3 kMS.
Adv.Jaiswal: The distance between the place where the first dead body was found to the place where the last dead body was found is 1.25 kms. Right?
Wit: Yes.
Adv.Jaiswal: Is it right that when you reached on the spot, the dead bodies were floating & the police took those out?
Wit: Yes.
Adv.Jaiswal: Is it right that the people & the police took the dead bodies out of the canal?
Wit:No, Only a person named Nimje took those out.
Adv.Jaiswal: Is it false then that Nimje took out the bodies & not that those were already placed on the bank of the canal?
Wit:Nimje pulled out the bodies as per the order of the police as I already stated in my testimony in this court.
Adv.Jaiswal: You just told in this court that Nimje took out the dead bodies & previously when u were examined by Adv.Khan , you told that police took out the dead bodies with the help of Nimje. Which of these two statements is true?

 ( At this stage,Hon.Judge tells Adv.Jaiswal that if the witness has already stated the answer, there is no point in repeating it. But Adv,Jaiswal remains adamant .So, Hon.Judge records that Adv.Jaiswal asked again & again the same question over whether Nimje alone or police with the help of Nimje took out the dead bodies from the canal. Adv.Jaiswal then leaves that question there & asks the next question.)

Adv.Jaiswal: You are educated upto 12th standard, a social worker & an elected member of Panchayat Sameeti. Then tell me do you understand the directions?
Wit: Yes.
Adv.Jaiswal: Then describe the orientations of Surekha’s dead body.
Judge(Interrupting):These types of questions can not even be answered  by the doctor.
Adv.Jaiswal : Then sir please record as just stated by the witness that Surekha’s dead body was in the direction of a hut nearby.
 (But Hon.Judge refuses & asks Adv.Jaswal to move to next question)

Adv.Jaiswal: Is it right that Rashtrapal Narnavare withdrew Rs.25000/-from Bhaiayyalal’s bank account instead of Rs.5000 as asked by him?
Wit:I don’t know.
Adv.Jaiswal: At Varathi , Bhayyalal with you made a police complaint against Rashatrapal Narnavare.Right?
Wit:I don’t know.
Adv.Jaiswal: Do you know Khushal Sapapte?
Wit: No.
Adv.Jaiswal: You & Khushal Sapapte made police complaint against each other. Right?
Wit: No.
Adv.Jaiswal: Is it right that before the incidence Khushal Sapate made a police complaint against you because you rampaged his shop?
Wit: No, there is no case lying against me.
Adv.Jaiswal: You make regular presence in Bhandara court as an accused. Right?
Wit: No.
Adv.Jaiswal: Is it right that you & Bhaiyyalal belong to same caste?
Wit:Yes.
Adv.Jaiswal: Is it right that you took Bhaiyyalal along in all the programmes organised by your caste society?
Wit: Yes.
Adv.Jaiswal: Whenever there were agitations you took Bhaiyyalal along ?
Wit: Yes.
Adv.Jaiswal: In the Press conference, before media & N.G.O.s, you narrated about this incidence in the interviews. Right?
Wit: Yes.
Adv.Jaiswal: Before the incidence you were knowing Surekha. Right?
Wit: No.
Adv.Jaiswal: Khushal Sapapte abused Surekha, so,you rampaged his shop. Right?
Wit:I was not knowing the lady, so why I would quarrel with him?
Adv.Jaiswal: Is it true that from the beginning of the hearing of this case you were present throughout in the courtroom until asked by the court to go outside when Judge noticed it?
Wit: Yes.
Adv.Jaiswal: After your deposition you will watch the hearing till the last day. Right?
Wit:If the court allows I will watch the proceedings.
Adv.Jaiswal: After the incidence, the agitations occurred & the politicians from Nagpur like Sulekha Kumbhare, Nitin Raut, Dr.Milind Mane, Milind Pakhale, Sidhhartha Gajbhiye & the person from here sitting behind, Asit Bagade participated in the march of protest. Right?
Wit: All of the Mahahrashtra state was involved in the agitations. We were limited only to Bhandara. Our movement was different from theirs’.
Adv.Jaiswal: Sidhhartha Gajbhiye too was involved in the agitations. Right?
Wit: I don’t know.
Adv.Jaiswal: You made deputations to C.M.& deputy C.M. that you don’t trust the police & so the investigations must be handed over to C.B.I.Right?
Wit: And because of your demand the case was handed over to C.B.I.& the special Public prosecutor Adv.Ujwal Nikam was appointed as Public Prosecutor. Right?
Wit: Yes.
Adv.Jaiswal: Is it right that you are deposing according to what Bhaiyyalal told you ?
Wit: No.
Adv.Jaiswal: You were knowing Surekha & her family so you are deposing. Right?
Wit: No.
Adv.Jaiswal: Because the victim is your co-caste brother, you are deposing falsely to implicate the accused. Right?
Wit: No.
Adv.Jaiswal: The C.B.I. has asked you to falsely testify to help your co-caste brother. Right?
Wit: No.

 (Adv.Jaswal finishes his cross-examination at 1:35 P.M. The next witness Chhotulal Sakharwade is called to depose. And Adv.Khan is there to examine him.)

Judge(To witness):Say, “I swear to God whatever I say will be the truth & nothing but the truth.”
Wit:I swear to God whatever I say will be the truth & nothing but the truth.
Judge: What is your name?
Wit: Chhotulal Namdev Savvalakhe.
Judge: What is your age?
Wit: 33 Yrs.
Judge: Where do u live?
Wit: At Vadegaon.
Jidge: What do u do?
Wit: I am a farmer.
Adv.Khan: Where are your farms & how much?
Wit: I have my farms at Vadegaon & it is 4 Acres.
Adv.Khan: Where is it ?
Wit: Near canal.
Adv.Khan: What happened on 29/9/06?
Wit: When I was taking water for irrigation from the canal for my fields, I saw the crowd of 10-15 people gathered around.
Adv.Khan: Then?
Wit: I went there.
Adv.Khan: What did u see?
Wit: I saw a girl’s dead body floating in the shrub of canal water.
Adv.Khan: Then?
Wit: That dead body had no clothes & its back side was visible. Adv.Khan: Then?
Wit: The sarpanch of the village was called. He phoned the police.The police came.
Adv.Khan: Then?
Wit: Two persons named Nanaji Gharzade & Yashvant Khandate took out the body.
Adv.Khan: Where was the body placed?
Wit:On the bank of the canal.
Adv.Khan: Then?
Wit:Yashvant Khandate placed his handkerchief on her. The right hand had a tatoo of name ‘Priyanka’ inscribed. That dead body had lot of injuries & it was bleeding.


Pic01: Priyanka dead thrown in canel
Adv.Khan: Where were the injuries?
Wit: There was a deep injury at the back side of the head & it was bleeding.
Adv.Khan: What more you noticed?
Wit: There were lot of injuries on hands, back & feets.
Adv.Khan: Then?
Wit: Then photos were taken.
Adv.Khan: Can you identify the photos?
Wit: Yes.

 (Since it is lunch time, the court is adjourned till 2:45 P.M.  The court re-assembles at 2:45P.M.Adv.Khan shows the witness the   photos of the dead body of Priyanka Bhotmange.)

Adv.Khan: What happened then?
Wit:The police wrote the inquest report. Tukaram Dayaram Ukey & Sheelabai Shalikram Mate signed on it along with me.
Adv.Khan: Can u identify your signature?
Wit: Yes.
 (Adv.Khan shows him the Inquest report.The witness identifies his signature.)

Adv.Khan :Is this the same Inquest report?
Wit: Yes.
Adv.Khan:(showing him another paper)What is this ?
Wit: Spot Pachnama.
Adv.Khan: Means what?
Wit: The Panchnama of the place where the dead body was found.
Adv.Khan: Then?
Wit: Thereafter that dead body was taken in the tractor.
Adv.Khan: What happened on 1/10/06?
Wit: On 1/10/06 I was at home when police came & asked me whether I can drive the tractor .I said yes. Then I finished my meals & went with them to the canal of Vadegaon.
Adv.Khan: What did u see there?
Wit:3 dead bodies were there. I drove those in the tractor to Mohadi Rural Hospital.
Adv.Khan: What did u notice about the dead bodies?
Wit: All the dead bodies were having injuries. Then I returned with the tractor to Vadegaon.

 (Adv.Khan finishes his examination at 3:20 P.M.Now, Adv.Jaiswal rise to cross-examine the witness)

Adv.Jaiswal: U went there to the canal & within 1/2 hour, the police came. Right?
Wit:Yes.
Adv.Jaiswal: The police came & they immediately started preparing the Inquest. Right?
Wit: Yes.
Adv.Jaiswal: The police wrote that for about 1 hour. Right?
Wit: For about 1 & 1/2 hour.
Adv.Jaiswal: You reached there at 7 to 7:30 in the morning & police reached there at 8 .Right?
Wit: No, it is not true that the police reached there at 8 in the morning. I had no watch, so I can not tell the exact time.
Adv.Jaiswal: You are educated upto 12th standard?
Wit: Yes.
Adv.Jaiswal: So can you guess time?
Wit: Yes.
Adv.Jaiswal: Then tell me at what time police reached there?
Wit: At around 9 to 9:30 A.M.
Adv.Jaiswal: After you reached there near the canal at what time the dead bodies were taken out?
Wit: After 1 hour.
Adv.Jaiswal: Then police completed the procedure at about 10:30-11A.M.Right?
Wit: Yes.
Adv.Jaiswal: Does it so happen that the procedure was completed on 12:30 to 1 P.M.?
Wit:I was not wearing the watch, so I can not tell the time.
Adv.Jaiswal: Can you tell about the 4 boundaries of the place where the dead bodies were placed ?
Wit: On the west, the canal is there & beyond that the forest. On the east Salebardi-Vadegaon Road. On the south is Salebardi lake & on the north there is my farm house at about the distance of 100-150 feets.
Adv.Jaiswal: But your description is not found in this Panchnama. Why?
Wit:All those 4 boundaries are mentioned in the Panchnama.
Adv.Jaiswal: Was that read for you by the police?
Wit: Yes.
Adv.Jaiswal: You see this document & show me where is it mentioned?
Wit:The police had read the Panchanama over to me?
Adv.Jaiswal: But I m asking…….

 (At this stage Adv.Khan objects & asks the Hon. Judge to record witness’s repeated answers. The Judge records accordingly.)

Adv.Jaiswal: Look, you are deposing as told to you by the C.B.I.
Wit: No, the C.B.I. did not tell me anything,

 (Adv.Jaiswal finishes his cross-examination at 4 P.M. Now, Adv. Lakhanikar rise to cross-examine the witness)
Adv.Lakhanikar: Before C.B.I., had u given ant statement to Andhalgaon Police station ?
wit : Except for Inquest report, Andhalgaon police did not take my statement. C.I.D. once took the statement when I was riding a tractor.
Adv.Lakhanikar: Did Andhalgaon police record your statement in Vadegaon?
Wit :No, C.I.D. took the statement when I was at the Thresher Machine. Adv.Lakhanikar: C.I.D. handed only a written paper over to you & you only signed on it .Right?
Wit: No, they wrote my statement before me.
Adv.Lakhanikar: The photos were taken after the dead bodies were taken out of the canal. Right?
Wit: Yes.
Adv.Lakhanikar: You were at the Thresher Machine in Salebardi & police came there to take your signature only. Right?
Wit: No.
Adv.Lakhanikar: At what date C.I.D.took your statement?
Wit:On 18/12/06 after C.B.I. recorded my statement.
Adv.Lakhanikar: My assertion is that u r deposing as told to you by C.B.I.
Wit: No.

 (Adv.Lakhanikar finishes his cross-examination. Now, Adv.Ninad   Bedarkar rises to cross-examine the witness.)

Adv.Bedarkar: When police came to u on 1/10/06 to drive the tractor, did you ask them where to go?
Wit: No, I did not ask.
Adv.Bedarkar: At what time did they come?
Wit: They came at about 10 in the morning.
Adv.Bedarkar: Did u know whose dead bodies they were?
Wit: No, I did not know then whose dead bodies they were.
Adv.Bedarkar: Do you know Bhaiyyalal Bhotmange?
Wit: No.
Adv.Bedarkar: My assertion is that you know Bhaiyyalal Bhotmange from a long time & you are deposing falsely to implicate the accused. Right?
Wit: No.

 (The cross-examination of the witness completed at 4:15 P.M. Now,  the next witness is called in the witness box.Adv.Khan is there to  examine him.)

Judge(To witness):Say, “I swear to God whatever I say will be the truth & nothing but the truth.”
Wit: I swear to God whatever I say will be the truth & nothing but the truth.
Judge: What is your name?
Wit: Moreshwar Ramaji Mate.
Judge: What is your age?
Wit:I m 35 yrs old.
Judge: Where do u reside ?
Wit: At Vadegaon.
Adv.Khan: What do u do?
Wit: I am Sarpanch(Head of the village) of Vadegaon.
Adv.Khan: What happened on 30/9/06?
Wit: On 30/9/06 , Chhotu Savvalakhe came to me & told that a dead body of a girl was found in the Vadegaon canal.
Judge: Then?
Wit:I went to that place.
Judge: Then what did u do?
Wit: I saw that a girl’s dead body was floating in the canal whose back was visible & it was naked.
Adv.Khan: Then?
Wit :I went to Andhalgaon police station & told them that a dead body was found in the Vadegaon canal.
Judge: What police did?
Wit: They came for inquiry

 ( Adv.Khan finishes his examination at 4:35 P.M. Now, Adv.Jaiswal  rises to cross-examine the witness.)

Adv.Jaiswal: Look, Moreshwar the female’s dead body was swollen as generally happens when the body is in the water. Right?
Wit: Yes.

  ( Adv.Jaiswal finishes his cross-examination at 4:35 P.M. The    witness Rashtrapal Narnavare is called again to be Cross-examined by Adv.Jaiswal .The witness arrives after a while. But Adv.Jaiswal refuses saying he be called on the next date since he will require more time to cross-examine the witness. The Judge first rejects his plea ; but after a long discussion , adjourns the court till the next date i.e.1st September)



One Response to “Khairlanji: Court Proceeding on 23rd August”

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