Khairlanji: Court Proceeding on 13th Sept ’07

08Oct07

The court assembles at 11 A.M. The next witness is called in the  witness-box. He is given the oath for truthfulness by Hon. Judge,S.S.Das

Judge: Your name?
Wit: Madhukar Ramchandra Bokade.
Judge: Where do you live?
Wit: In Khairlanji.
Judge: What is your education?
Wit : I am 10th std. fail.
Adv.Nikam: Since when you are living in the village of Khairlanji?
Wit: Since birth.
Adv.Nikam: What happened on 17/10/2006?
Wit: I was going in front of the police of Andhalgaon with Shivlal Yadav when a police constable called me.
Adv.Nikam: Then?
Wit: We went inside .
Adv.Nikam: To whom did you go?
Wit: To the police officer.
Adv.Nikam: What did he ask?
Wit: He asked us whether we would be ready to stand as a ‘Punch'(witness) for the statements of the accused.
Adv.Nikam: Then?
Wit: I said O.K.
Adv.Nikam: Who was the accused?
Wit: Titirmare.
Adv.Nikam: Then?
Wit:Then the police officer asked him to depose.
Adv.Nikam: What did the accused tell?
Wit: The accused told that he is ready to show the spot where he had hidden the stick with which he had beaten.
Adv.Nikam: What did you do after the accused told you?
Wit: Thereafter police took us to another place?
Adv.Nikam: No,no before that?

(At this stage , Adv.Jaiswal raises the objection for asking the
 leading question. Hon.Judge sustains the objection & asks Adv.Nikam not to ask the leading questions. Then he asks the witness where his signature is. The witness correctly identifies his signature.)
Adv.Nikam: At which position your signature is?
Wit: At No.1 position.
Adv.Nikam: What is the name of the another person who signed on the
 Panchanama?
wit: It is Shivlal .
Adv.Nikam: Is that all accused present in the court?
Wit: Yes.
Adv.Nikam: Where is he (Titirmare)?
Wit: He is sitting in the fifth position from right.

Witness correctly identifies the accused no.10 ,Purushottam
 Titirmare,

Adv.Nikam: Whose signature is this at the bottom of the Panchanama?
Wit: I don’t know.
Adv.Nikam: (seems facing difficulty in phrasing the question) Where did you sign?
Wit: In the police station of Andhalgaon.
Adv.Nikam: When did you sign on the paper?
Wit: I signed on the paper when accused made his statement.
Adv.Nikam: What happened after accused told you?
Wit: After accused gave the statement, it was written & then I put my
 signature on it. Courtesy 
Adv.Nikam: Then?
Wit: Then myself , Shivlal , Police & the accused sat in the  police
 vehicle.
Adv.Nikam: Where the vehicle was heading to?
Wit:To Khairlanji.
Adv.Nikam: Who told you to come to Khairlanji?
Wit: The Police officer.
Adv.Nikam: Who told the police ?
Wit: The accused.
Adv.Nikam: Then what happened?
Wit: Our vehicle stopped in front of Gram Panchayat of Khairlanji. The accused & one police went away & we sat in the vehicle.
Adv.Nikam: Then?
Wit: Then the police with the accused came back with a stick.
Adv.Nikam: Then?
Wit: Some writing was made & the signatures put on the paper.
Adv.Nikam: How long was the stick?
Wit: It was 3&half to 4 feets.
Adv.Nikam:(showing him the copy of Panchanama)Is this correct?
Wit: Yes; but I don’t know from where the stick was recovered.
 (Adv.Nikam requests the court that the deposited stick which is now
 under the court’s custody be produced.The court allows the request &
 orders its production. Since Adv.Nikam has finished his examination , the court asks Adv.Jaiswal to begin his cross-examination untill the stick is produced before the court. Adv.Jaiswal rises to cross-examine the witness.)
Adv.Jaiswal: Look,after you reached the police station, they put these papers before you. Then you & Shivlal signed on the paper .Right?
Wit:Yes.
Adv.Jaiswal:  The police had already prepared the document. Right?
Wit: No, the police recorded the statement in our presence.
Adv.Jaiswal:  One person was dictating & another was writing .Right?
Wit: The paper was written inside & I was outside. When I was presented with the paper, I signed on it.
Adv.Jaiswal:  The police told you that we have to go to Khairlanji. Right?
Wit:Yes.
Adv.Jaiswal:  Is it right that one constable went away in the outskirts of the village & brought one stick?
Wit:Yes.
Adv.Jaiswal: From where that stick was brought by the constable, u
 don’t know. Right?
Wit: Yes,I don’t know.
Adv.Jaiswal: Is it right that police constable said that the stick has to be seized?
Wit: Yes. 
Adv.Jaiswal: The police asked you to put your signature & u did that. Right?
Wit:Yes. 
Adv.Jaiswal: Look, Andhalgaon to Khairlanji takes around 30 to 45
 minutes. Right?
wit:No, 15 minutes by vehicle.
Adv.Jaiswal: Is it right that you were in the police station of
 Andhalgaon upto 5 to 5:30 P.M.?
Wit:Yes, upto 5:30 in the evening we were there in the Andhalgao police station.
Adv.Jaiswal: You reached in Khairlanji at around 6 to 6:30 P.M. Right?
Wit:Yes, we reached Khairlanji at around 6:30 in the evening.
Adv.Jaiswal: Did it so happen that at about 4:30 P.M., no stick was
 seized?
Wit:Yes, at about 4:30 P.M., no stick was seized.
Adv.Jaiswal: Shivlal was with you till that evening .Right?
Wit: Yes. 
Adv.Nikam:(interrupting)Sir, now u/s 145 of evidence act, I want to
 request the court to declare this witness hostile ; since the witness during examination told that the accused made statement in his presence whereas in cross-examination he told that he was outside the room when the statement was being made by the accused. In the same way, in the chip he said that the police constable along with the accused went to some place & brought the stick; but during re-examination ,he said that the constable brought the stick.
   
(The Hon.Judge records his plea.)

Adv.Jaiswal:(objecting)Sir, there is no such provision & there is no
 scope for re-examination.
Adv.Nikam: Though there is no such specific provision; but law of the
 precedent says that if the witness is not intelligent & he reverses his earlier version of the statement from the material record, then he can be declared hostile by the prosecution.

   (Hon.Judge records the arguments)

Judge: Declaration of the witness being hostile is not granted at this stage.

   (The witness is sent away. The court is adjourned for the lunch break at 1:40 P.M.)  

    (The court re-assembles at 2:45 P.M. The next witnesses called in the court to depose. Hon.Judge S.S.Das gives him the oath of truthfulness.)

Judge: Your name?
Wit: Shivraj Mangruji Galbale.
Judge: Age?
Wit:47 years.
Judge: What is your occupation?
Wit: I am a farmer.
Judge: Where do you live?
Wit: At Malida Tah.Mohadi Dist.Bhandara.
Adv.Nikam: What is the distance of Malida from Andhalgaon?
Wit: One Km.
Adv.Nikam: What is your business?
Wit: I sell vegetables.
Adv.Nikam: Where do you sell them?
Wit: In Andhalgaon.
Adv.Nikam: What happened on 2/10/06 at 5:30 in the evening?
Wit: On 2/10/06 at 5 P.M.,I went to Andhalgaon to see Dasara fair.
Adv.Nikam: Who were going to Andhalgaon?
Wit: Myself with Ghodichor.
Adv.Nikam: Then?
Wit: I was passing by in front of Andhalgaon police station.
Adv.Nikam: Then?
Wit: A policeman called & said that Officer was calling me.
Adv.Nikam: Then where did you go?
Wit: I went to the police station of Andhalgaon.
Adv.Nikam: To whom did you meet?
Wit: I met with the police officer.
Adv.Nikam: Then?
Wit: He asked me my name & address.
Adv.Nikam: Then?
Wit: He asked both of us whether we would be ready to stand as ‘Punch’& we agreed.
Adv.Nikam: How many accused were there?
Wit: Three.
Adv.Nikam: What was the name of the first accused?
Wit:  don’t remember the name of the first accused who gave the
 statement.
Adv.Nikam: Who asked the first accused?
Wit: Police officer .
Adv.Nikam: What did the first accused say?
Wit: He said that he would point out the place where the hidden chain
 was kept.
Adv.Nikam: Then?
Wit: Then Panchanama was written.
Adv.Nikam: Then?
Wit: Then I,Ghodichor ,one other person , that accused & police officer signed on Panchanama.
Adv.Nikam: According to whom that Panchnama was written?
Wit: According to what the accused had said. 
  (Adv.Nikam shows him the copy of Panchanama & asks whether the matter is same. Witness agrees. Adv.Nikam asks him where   his signature is. He correctly identifies his own signature.)
Wit: Whose is the another signature of?
Wit: Ramesh Ghodichor.
Adv.Nikam: Whose is this signature ?
Wit: Police officer.
Adv.Nikam: Is this the signature of the accused Shatrughna Dhande?
Adv.Jaiswal:(objecting)Sir, under what provision the name of the
 accused is disclosed to the witness? Is it to refresh his memory?
Judge: Look,the witness has already admitted that he do not remember the name of the accused & it is to identify the other signature that such a question was asked. I will record it accordingly. And there is
 provision in the evidence act for refreshing the memory of the witness.

 (Adv.Jaiswal flips through the pages of the book on Evidence Act.)

Adv.Jaiswal: Sir,there is no such provision .
Judge: See on page no.159.
Adv.Jaiswal: This provision is for the expert’s evidence.
Judge: No,on anybody that can be applied. Go through the provision
 properly.

 (Hon.Judge records the objections of Adv.Jaiswal & declares them as
 overrulled)

Adv.Nikam: Whose is this signature?
Wit: Shatughna Dhande.
Adv.Nikam: According to whom this was written?
Wit: According to Shatrughna Dhande.
Adv.Nikam: What happened after you & others signed on the Panchanama?
Wit: The second accused was asked by the police officer to give the
 statement.
Adv.Nikam: What was the name of the second accused?
Wit :I don’t remember the name of the second accused who gave the
 statement.
Adv.Nikam: What did the second accused say?
Wit: He said that he would show the place where he had hidden the
 stick.
Adv.Nikam: Then?
Wit: Then Panchanama was written.
Adv.Nikam: Then?
Wit: Then I ,one other person ,Ghodichor, that accused & police officer signed on Panchanama
Adv.Nikam:(showing panchanama) Is this matter correct as told by the
 accused to you & whose signatures are these?
Wit: Yes, the contents are correct. One signature is mine & the other is of Ghodichor.
Adv.Nikam: See this signature & tell me whose is this signature?
Wit: Sakru Bijewar.
Adv.Nikam: Then?
Wit: The third accused was asked by the police officer to give the
 statement.
Adv.Nikam: What was the name of the third accused?
Wit: I don’t remember the name of the third accused who gave the
 statement.
Adv.Nikam: What did the third accused say?
Wit: He said that he would show the place where he had hidden the
 chain.
Adv.Nikam: Then?
Wit: Then Panchanama was written.
Adv.Nikam: Then?
Wit: Then I ,one other person ,Ghodichor, that accused & police officer signed on Panchanama
Adv.Nikam:(showing panchanama) Is this matter correct as told by the
 accused to you & whose signature is this?
Wit: Yes, the contents are correct. One signature is mine & the other is of Ghodichor.
Adv.Nikam: See this signature & tell me whose is this signature?
Wit: Vishvanath Dhande.
Adv.Nikam: Can you identify those 3 accused?
Wit: No,I can not identify them due to the lapse of time.
Adv.Nikam: Then what happened?
Wit: Then at the instance of aforesaid accused ,I along with Ramesh
 Ghodichor, those  3 accused & the police went to Khairlanji on a police vehicle.
Adv.Nikam: Then?
Wit: Then at Khairlanji ,the first accused told the police to stop the vehicle near a house.
Adv.Nikam: Then?
Wit: The first accused followed by the police went into a house.
Adv.Nikam: Whose house was that?
Wit:The accused told that it was his house.
Adv.Nikam: Then?
Wit: That first accused came back with a cycle chain in his hand.
Adv.Nikam: Then?
Wit: The police seized that cycle chain.
Adv.Nikam :Then?
Wit: Panchanama was written.That accused, police officer & the
 ‘Punchas signed on it.
Adv.Nikam:(showing Panchanama)Is this your signature at position no.2?
Wit: Yes.
Adv.Nikam: Then?
Wit: Then we again boarded the vehicle. The vehicle was stopped in front of the Gram Panchayat at the instance of the second accused .
Adv.Nikam: Then?
Wit: That accused laid the police & the ‘Punchas’ to his house. The
 accused produced a stick from the roof of his house.
Adv.Nikam: Then?
Wit: The police seized that stick.
Adv.Nikam: Then?
Wit: Panchanama was written.That accused, police officer & the
 3’Punchas’ signed on it.
Adv.Nikam:(showing Panchanama)Is this your signature & the same
 Panchnama?
Wit:Yes.
Adv.Nikam: Then?
Wit: Thereafter the third accused laid us to the fields behind his house & brought a cycle chain.
Adv.Nikam: Then?
Wit: The police seized that cycle chain.
Adv.Nikam: Then?
Wit: Panchanama was written .That accused , police officer & the
 ‘Punchas signed on it.
Adv.Nikam:(showing Panchanama)Is this your signature  & the same
 Panchanama?
Wit: Yes.
Adv.Nikam: Now, sir I will request the court that article no.9, the
 cycle chain be produced.

 (The deposited articles are brought before the court; but the numbers of the article turns out to be no.21(cycle chain),no. 22(wooden stick) & no.23(cycle chain) due to the mismatch between the numbers as given by the C.B.I. & the court. These articles are shown to the witness one by one. After that the court is adjourned at 5:15 P.M. as its time is over till the next day i.e.14th September.)
 



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