Khairlanji: Court Proceeding on 1st September

22Sep07

The court assembles at 11 A.M. The defence lawyer, Adv.Khandewale submits an application on behalf of his co-lawyer. Adv.Jaiswal  being ill would not be able to attend the court. But Hon.Judge S.S.Das repriminds him saying that he is fed up with the frequent frivolous reasons of the defence for not attending the court. But he won’t adjourn the proceeding.On this, Adv.Khandewale says that he won’t seek for the adjournment ; but will abide by the decision of the court.The court awaits for the arrival of C.B.I. lawyer Adv.Khan. He arrives at 12:35 p.m.; as his vehicle got failed en route.

         
Defence laywer: Adv. Bidarkar|   Adv.Khandewale |     Adv. Jaiswal

Judge(to Adv.Khan): You for the first time is late, so I would be happy to excuse you for that.

A new witness is called in the witness box. Hon.Judge gives oath of truthfullness to him.

Judge: Your name?
Wit: Hemant Umesh Khandate.
Judge: Your age?
Wit:21 yrs.
Judge: Where do you live?
Wit: In Khairlanji.
Judge: What is your occupation?
Wit:I am a farmer.
Judge: From how long you are living in Khairlanji?
Wit:Since my birth.
Adv.Khan:What do you know about the incidence of 29/9/06?
Wit:On 29/9/06, I had gone to my fields & returned at around 6 to 6:30P.M.
Adv.Khan:What happened that time?
Wit:I heard the loud shouting of the words”run ,run” & the sound of beating of the sticks on the ground.I was very frightened & did not get out of my house.
Adv.Khan:Then?
Wit:After that, I had my dinner at around 8:30 to 9 P.M.Then I came out of my house.I experianced the silence outside.Then I came back home & went to the bed.
Adv.Khan:Then?
Wit:The next morning I heard the disussion among the villagers that Bhotmange family members were beaten.This is all I can say about the incidence on 29/9/06.

Ad.Khan finishes his examination. Hon.Judge asks the accused no.1,2,8,9 that since their counsel, Adv.Jaiswal  is absent, if they would ask any question to the witness.The accused decline. Now,Hon.Judge asks the defence  lawyer Adv.Khandewale to cross-examine the witness
Adv.Khandewale: You reside in the main village of Khairlanji. Right?
Wit:Yes.
Adv.Khandewale: Is it right that Bhaiyylal’s house is in the one corner of the toli in the outskirts of the villge?
Wit:Yes.
Adv.Khandewale: In between yours & Bhotmange’s house, there is Gram Panchayat. Right?
Wit:No,there is open ground between mine & Bhotmange’s house.
Adv.Khandewale: There is always the crowd of the people passing on the road in front of your house.Right?
Wit:Yes.
Adv.Khandewale: Is it that at night in between 9 to 9:30, the villagers take their dinner & go to bed?
Wit:Yes.
Adv.Khandewale:You have told in the court that you go to the fields;But is it also right that there is no fixed time for coming back?
Wit:Yes.
Adv.Khandewale: And I assert that you don’t return from the fields wearing a watch.Right?
Wit:Yes.
Adv.Khandewale: My assertion is that u might not have come back home in between 6 to 6:30 in the evening & it may also be  that u might have come back by 7 in the evening.Right?
Wit:Yes.
Adv.Khandewale: Hemantkumar, have u given any statement in Andhalgaon police station before C.B.I. recorded your statement on 9/12/06?
wit:No.
Adv.Khandewale: My assertion is that the statement recorded by C.B.I.is what C.B.I. told u to speak.Right?
Wit:No.
Adv.Khandewale: My assertion is that even today you are deposing as per C.B.I.Right?
Wit:No.This is false.

Adv.Khandewale finishes his cross-examination . Now, Adv.Bedarkar rises to cross-examine him.

Adv.Bedarkar:Is the distance between your house & Gram Panchayat 200fts.?
Wit: Yes.
Adv.Bedarkar: On which road is your house located?
Wit:The road in front of my house goes to the main villge & the road behind goes to the village, Kandri.
Adv.Bedarkar: And what about the Dhusala road?
Wit:It is not near my house ; but at a distance of around 75 feets.
Adv.Bedarkar: Bhotmange’s house can be approached by both the roads going to Dhusala as wll as Kandri.Right?
Wit:Yes.
Adv.Bedarkar: Is it true that Bhaiyyalal’s house is in between the roads going to Dhusala & Kandri?
Wit:Yes.
Adv.Bedarkar: Is it true that there is the distance of around 1000fts.between yours & Bhotmange’s house?
Wit:No, it is false.
Adv.Bedarkar: My assertion is that there was water, grass & cowdung pit in between urs & Bhotmange’s house.Right?
Wit:Yes.
Adv.Bedarkar: Would you go to Bhotmange’s house?
Wit: No, I would not.
Adv.Bedarkar: You read about the incident in the newpapers of the next day.Right?
Wit : No, I learnt it from the villagers.
Adv.Bedarkar: Did u go to the police station?
Wit:No.
Adv.Bedarkar: Did the police make any inquiry from you?
Wit:No.
Adv.Bedarkar: I assert that the Andhalgaon police station recorded your statement on 3/1/06 , where you said that you read about the incident in the next day’s newspaers.Right?
Wit:No.
Adv.Bedarkar: Is it right that there was raining in between 6 to 6:30 in the evening?
Wit:I don’t remember.
Adv.Bedarkar: Is it right that there was no power in between 6 to 6:30 in the evening?
Wit:No, there were lights in the village.
Adv.Bedarkar: You are giving false statement.
Wit: No.
Judge:Adv.Bedarkar, there is no need to consume so much time on this witness.He has only heard the shouting .That does not prove the authorisation of the crime.
Adv.Bedarkar: If your honour hinders us ,then it will be difficult for us to proceed with our cross-examination.
Judge:(In tone of impatience):If you find the difficulty; then O.K.face the difficulty.

Hon.Judge adjourns the court at 2 P.M. to 3 P.M. for the lunch break.At 3:20 P.M., new witness is called into the witness box.Hon.Judge gives him the oath.The C.B.I. lawyer Adv.Ajaj Khan  begins examining him.

Judge:What is ur name?
Wit:Anil Chirkut Lede.
Judge:Your age?
Wit:29 yrs.
Judge: Where do you reside?
Wit:In Khairlanji.
Judge: What is your education?
Wit:I am educated upto 8th std.
Adv.Khan: From how long you are residing in the village , Khairlanji.
Wit:Since from my birth.
Adv.Khan: What do u know about the incidence on 29/9/06?
Wit:On 29/9/06, I went to Mohadi court for soliciting bail of a person named Pankaj Aatilkar.
Adv.Khan: How & with whom?
Wit: I went by the tractor of Umesh Dhumankhede & Pankaj Aatilkar,Ambilal Khurape , Nanya Mandalekar , Gopal Binjewar , Sakru Dhande, Vishavanath Dhande, Mahipal Dhande Bhojraj Harde & others were with me.
Adv.Khan: At what time you went to Mohadi?
Wit:At 10 in the morning.
Adv.Khan: At what time you reached Andhalgaon Police station?
Wit:At 10:30 in the morning.
Adv.Khan: At what time did u leave Andhalgaon Police station?
Wit:We left from there after 5- 10 minutes.
Adv.Khan: What haapened there in the Mohadi court?
Wit:Bail papers were made upto 3 P.M.
Adv.Khan: Did you stand for the surety?
Wit:Yes.
Adv.Khan: For whom?
Wit: For Pankaj Aatilkar.
Adv.Khan: Did you on your own accord stood for the bail of Pankaj Aatilkar?
Wit:No,  he asked me,so I got ready for his surity.
Adv.Khan: What happened meanwhile when the bail papers were being made?
Wit: Prabhkar Mandalekar received a phone call. Later he told us that he got information from Kandri that Sidhhartha’s brother Rajan Gajbhiye had raised sword over the villagers of Khairlanji.
Adv.Khan: Then?
Wit:Then we went back to Khairlanji by the tractor at around 4 to 4:30P.M.
Adv.Khan: At what time did you reach Khairlanji?
Wit:At 5 to 5:30 P.M.
Adv.Khan: Then?
Wit:Then I with Pankaj Aatilkar alighted from tractor in front of my shop which is in opposite to the Primary school.
Adv.Khan: Then what did you do ?
Wit: Thereafter I went to my shop & Pankaj went to his house.
Adv.Khan: Then?
Wit: My father came back from temple at around 6 in the evening.Then I went home.
Adv.Khan: Then?
Wit : At  that time, my sister-in-Law ( elder brother’s wife) had snake bite due to which she suffered from swollen leg.
Adv.Khan: Then?
Wit: I have two houses;one adjacent to the shop & another in the village.I went to the house adjacent to the shop to see her.
Adv.Khan: Then?
Wit:By that time Pankaj Aatilkar had come to me. My sister-in-law told me to go to Prakash Kadav to fetch the medicine for snake bite.
Adv.Khan: Then what happened?
Wit:I called Prakash Kadav to her. He applied the medicine & fumigated her leg by burning the herbs on the pyre.
Adv.Khan: Then?
Wit:Thereafter Pankaj Aatilkar & Prakash Kadav went to their respective homes & I went to the to other house to have dinner.
Adv.Khan: Then?
Wit: After having dinner at around 9 P.M., I came to the house near my shop to tie the cattles.
Adv.Khan: Then?
Wit: On the way, I met Sakru Bijewar near my shop.
Adv.Khan: Then?
Wit: He requested me for ‘Kharra'(Paan Masala).I told him that I did not have it.
Adv.Khan: Then?
Wit: I then asked him where was he going to at such an untimely of the night.Then he told me that 4 members from Bhotmange family were murdered .On this I asked him who murdered them.
Adv.Khan: Then what did he say?
Wit:He said that Prabhakar Mandalekar, Jagdeesh Mandalekar, Shatrughna Dhande, Shishupal Dhande &  he himself had murdered them.
Adv.Khan: Then?
Wit:Then he proceeded to his house & I proceeded to mine.
Adv.Khan: Did C.B.I. & Magistrate record your statement?
Wit:Yes.
Adv.Khan: Did you tell same facts to them ?
Wit: Yes.

Adv.Khan finishes his examination at 4:15 P.M.Again Hon.Judge asks accused  no.1,2,8,9 that since their counsel, Adv.Jaiswal is absent , if they they would ask any question to the witness.The accused decline. Now,Hon.Judge asks the defence lawyer Adv.Khandewale to proceed with the cross-examination of the witness.Adv.Khandewale obliges.

Adv.Khandewale: Look Anil, you have told in the court that, you live in Khairlanji. Do u know what is the distance of Khairlanji from Aandhalgaon?
Wit: 4-5 kms.
Adv.Khandewale: Can you tell me the distance between Andhalagaon police station & Mohadi court?
Wit:10-12kms.
Adv.Khandewale: And Mohadi court to Khairlanji?
Wit: 15 Kms.?
Adv.Khandewale: You have told in the court that you went to Mohadi court to seek Panakaj Aatilkar’s bail.What had he done?
Wit: He had assaulted Sidhhartha Gajbhiye.
Adv.Khandewale: On what date he was assaulted?
Wit:Third day of the month which I don’t remember.
Adv.Khandewale: When you reached Andhalgon police station can you tell what police did?
Wit: No., I don’t know.
Adv.Khandewale: Is it right that when you reached Andhalgaon police station, the accused were taken in the police vehicle to Mohadi court?
Wit:Yes & the accused sent me in the tractor.
Adv.Khandewale: Is it true that the police presented them in the  Mohadi court at 3 P.M.?
Wit:Yes.
Adv.Khandewale: It must have taken an hour for the  arguments for bail when they were presented in the court.Right?
Wit: Yes.
Adv.Khandewale: Is it right that 20-25 persons were involved in that case?
Wit: No, not that much.
Adv.Khandewale: Then 15-20?
Wit: May be ; but I don’t remember exactly .
Adv.Khandewale: How many people were there in the tractor from Khairlanji ?
Wit: Sir, I don’t remember that number exactly.
Adv.Khandewale: Tell by guess.
Wit: 10-15 people.
Adv.Khandewale: Does it happen that 5-6 people drove by 2 motorbikes from Khairlanji?
Wit: Yes.
Adv.Khandewale:You just said that , the arguments for the bail took about an hour & I assert that more that one hour might have required for scrutinising the bail papers,Right?
Wit:(Only nods)
Adv.Khandewale: Since you stood for the surity, can you tell me what papers were put before the court?
Wit(keeps mute for sometime & then): Pankaj Mate submitted them.
Adv.Khandewale: Did any of the photos were taken?
Wit: Yes.
Adv.Khandewale: When all of u together left Khairlanji for Mohadi court, u must have filled the diesel in the tractor.Right?
Wit:Yes.
Adv.Khandewale: When those peole got the bail , everybody must have felt happy. Then you must have had snacks.Right?
Wit: No.
Adv.Khandewale: It must have taken one hour to reach Khairlanji from Mohadi.Right?
Wit(Irriatating):Sir, how can I tell that if I hadn’t wore the watch?
Judge: Tell by guess.
Wit: 1- 1 & 1/2 hour.
Adv.Khandewale: In Khairalnji you & Pankaj Aatilkar alighted in front of your shop & other persons dispersed to their houses & you sent your father to the temple while you stayed at the shop.Right?
Wit: Yes.
Adv.Khandewale: They alighted, dispersed & after that you didn’t meet anybody.Right?
Wit: Yes.
Adv.Khandewale: You said that Prakash Kadav gave your sister-in-law medicines for snake bite.Can u tell me in which direction he lives?
Wit: His house is  2-3 house after mine.
Adv.Khandewale: Is Pankaj a doctor?
Wit: No, he gives indigenous medicines for the snake bite.
Adv.Khandewale: Is it true that Prakash kadav, Pankaj Aatilkar & you were present with your sister-in-law, untill the effect of snake poisn subsided?
Wit: Yes.
Adv.Khandewale: Is it true that it takes 2-3 hours to get snake’s poison subsided?
Wit: Yes.
Adv.Khandewale: Did it happen that you took your sister-in-law to Mohadi clinic when snake’s poison did not subside?
Wit:No, we did not take her to Mohadi clinic.
Adv.Khandewale: You just said in the court that C.B.I. & Magistrate recorded your two statements.My assertion is that you recorded these two statements under pressure from C.B.I.Right?
Wit: No, it is false.
Adv.Khandewale:  Look, the C.B.I. & the police took you to the Mohadi court to record your starement.right?
Wit:I don’t remember who took me to the Mohadi court to record my statement.
Adv.Khandewale: Then do u remember that you have made statement to the Magistrate?
Wit: 2-3 days before the statement,I first went to the C.B.I. & then to the Magistrate.
Adv.Khandewale: When you were giving statement to the Magistrate, C.B.I. & police were there in the courtroom.Right?
Wit:No, they were standing in the veranda(courtyard)
Adv.Khandewale: They were fac
ing you when you were giving the statement.Right?
Wit:I don’t remember that.

At this stage, Hon.Judge adjournes the court at 5:30P.M. till the next day;since court was closed for the day.



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