Khairlanji: Court Proceedings on 12 Sept. 2007

03Oct07

The court assembles at 11:20 A.M. Adv. Khandewale continues his  cross-examination of the witness, Mr Anil Lede.

Adv.Khandewale: Do you know Sunil Lede?
Wit:Yes, he is my brother.
Adv.Khandewale: Was he also co-accused in this case earlier?
Wit: Yes.
Adv.Khandewale: After the incidence, he was arrested by the police, right?
Wit: Yes.
Adv.Khandewale: You are mother contested Nagar Parishad elections, right?
Wit: Yes.
Adv.Khandewale: She was helped by Mukesh Pusam, Suresh Khandate & Bhaiyyalal Bhotmange in the election, right?
Wit: Yes.
Adv.Khandewale: The accused no.1 to 9 opposed your mother in the election, right?
Wit:I can not tell.
Adv.Khandewale: There are two groups in the village,one of your mother & another of that of the accused, right?
Wit: Yes.
Adv.Khandewale: You gave two statements, one to C.B.I. & other to the magistrate. After giving these statements your brother was released, right?
Wit: Yes.

(Now  Adv.Jaiswal rises to cross examine the witness.)

Adv.Jaiswal: Had you given statement to the C.B.I. that you asked Sakru where he had gone & who murdered Bhotmange’s four family members?
Wit: Yes.
Adv.Jaiswal: But is not seen in your statement to the C.B.I. Can you give any reason for its omission?
Wit:(keeps mute)
Adv.Jaiswal: Can you read?
Wit: Yes .
Adv.Jaiswal: (showing him the statement of C.B.I.) Have you stated to the C.B.I. that Sakru met you in front of your shop? You asked him who murdered Bhotmange’s 4 family members & he said that Prabha Mandalekar , Jagdish Mandalekar, Gopal Bijewar,Ramu Dhande, Sakru Bijewar, Mahipal Dhande, Dharmapal Dhande, Vishvanath Dhande. Did you give this statement to C.B.I.?
Wit: No, I have not given this statement to C.B.I.
Adv.Jaiswal: Then what statement you gave to C.B.I.?
Wit: I had not told so much names.                                     
Judge: Had you told the names of Prabha Mandalekar, Jagdish Mandalekar,Gopal Bijewar, Ramu Dhande, Sakru Bijewar, Mahipal Dhande, Dharmapal Dhande, Vishvanath Dhande?
Wit:I had not  told names of Vishvanath Dhande, Dharmapal Dhande, Mahipal Dhande.
Adv.Jaiswal: The names that you did not tell to C.B.I. are written in that statement. Right?
Wit: Yes.
Adv.Jaiswal: Look,you have not  told the names of Vishvanath Dhande,Dharmapal Dhande,Mahiapal Dhande to C.B.I.Right?
Wit: Yes.
Adv.Jaiswal: Did C.B.I. read your statement over to you ?
Wit: Yes.
Adv.Jaiswal: Were these 3 names also read over to you ?
Wit: No.
Adv.Jaiswal: Is it right to say that C.B.I. wrote the statements as they liked & they did not read the statements over to you?
Wit: No, sir such thing did not happen.
Adv.Jaiswal: Is Sakharu Bijewar at the age about 50-55yrs.?
Wit: Yes.
Adv.Jaiswal: He is living Khairlanji only from last 2-3 yrs.
Wit: No,sir he is living in Khairlanji from last 10 years.
Adv.Jaiswal: You don’t go to his house frequently, right?
Wit: Yes.
Adv.Jaiswal: He would not come to your house, right?
Wit: Sometimes he used to my come my house.
Adv.Jaiswal: But he would not come to your house,frequently,right?
Wit: Yes.
Adv.Jaiswal: You have a paan kiosk & Sakru used to come to your kiosk for having’kharra'(paan masala).Right?
Wit: Yes.
Adv.Jaiswal: Your relations with Sakhru as that of owner of a paan kiosk & a customer. Right?
Wit:Yes.
Adv.Jaiswal: Was Sakhru your trustworthy fellow (man of reliable confidence)?
Wit:In villages, nobody trusts each other now a days, Sir.
Adv.Jaiswal: But my question is whether you were a man of reliable confidence of Sakhru?
Wit:Yes.
Adv.Jaiswal: Would Sakhru keep 5 or 10 thousands rupees in your custody & would go peacefully?
Wit:No.
Adv.Jaiswal: Would he keep even Rs.100 or Rs.200 with you ?
Wit:Yes.
Adv.Jaiswal: Is it then right to say that he even would not keep the trust of Rs.100 over you?
Wit:No,it is not true.
Adv.Jaiswal: Would he tell to you  that he had quarrel with his sons & wife?
Wit: Yes, sometimes he would tell me that he had quarrel with his wife & sons.
Adv.Jaiswal: Is it true that you were not in the village of Khairlanji from the time of your brother’s arrest upto next one & half month.
Wit: Yes,I was out of the village.
Adv.Jaiswal: Is it right that the police arrested about 50 male persons from your neighbourhood?
Wit: Yes.
Adv.Jaiswal: Is it right that because you were scared of the police arrest, you had left your village?
Wit: No.
Adv.Jaiswal: C.B.I.& magistrate recorded your statement after your brother was released from police custody. Right?
Wit: I don’t remember.
Adv.Jaiswal: Tell me, you were out of the village for one & half months time; Did you  enquire your family members whether the police had come to your home asking your whereabouts?
Wit:When I was in Koradi, I received a phone call from my father that police had put my name on their list.
Adv.Jaiswal: Is it right that your father told you that the police were searching for you ?
Wit: No,it is not right.
Adv.Jaiswal: You were staying with your relatives in Koradi soon after the incidence.Right?
Wit:Yes.
Adv.Jaiswal: You did not do anything there(for living).Right?
Wit:Yes.
Adv.Jaiswal: You were being fed there. Right?
Wit:Yes.
Adv.Jaiswal: Before taking your statement C.B.I. sleuths met your father. Right?
Wit:Yes.
Adv.Jaiswal: The C.B.I.officers asked your father to call you to Koradi.Right? 
Wit:No,by that time I was at my home in Khairlanji.
Adv.Jaiswal: The C.B.I. assured your father that if you give the statement to them, they would not make you as accused. Right?
Wit: No, it is not true.
Adv.Jaiswal: But is it right that they assured you that they will release your brother if you get ready to depose?
Wit:No,it is not right.
Adv.Jaiswal: Your brother was released on bail in the new year of 2007.Right?
Wit:Yes.
Adv.Jaiswal: When Sakru met you , he was in drunken state .Right?
Wit: Yes.
Adv.Jaiswal: He was muttering irrelevantly under the influence of alcohol. Right?
Wit:No,it is not right.
Adv.Jaiswal: Sakru was speaking like a drunkard without any base & was speaking recklessly.Right?

(The witness seems confused ,mulls over the question for sometime & then says)

Wit: Yes.
Adv.Jaiswal: You are deposing under pressure from C.B.I.& Sakru had not told you any of the accused names. Right?
Wit: No, Sakru had told me the names of the accused.
Adv.Jaiswal: You had deposed before the C.B.I.& the Magistrate  under the pressure from C.B.I.Right?
Wit:No,it is not right.
Adv.Jaiswal: Today, you have come here from Navegaon in C.B.I.’s vehicle. Right?
Wit:No.
At 1:45 P.M., Adv.Jaiswal finishes his cross-examination. The court is adjourned for the lunch break.

 +

When the court re-assembles at 2:45 P.M., Adv.Nikam tells the court that they have not called any new witness today & they will examine the new witness the next day. Adv.Jaiswal asks him the names of the witnesses .

He discloses the names of the witnesses as (1) Rambhau Dhanraj Meher (2) Maddhukar Ramchandra Bokade(3)Yadhavrao Hiramal Lanjewar (4) Shivlal Mangruji Galbale (4) Ramesh Ishnaji Ghodichor. Then the court is adjourned till the next day i.e.13th September.
 



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