Khairlanji: Court Proceeding on 14th Sept ’07


The court assembles at 11 A.M.Adv.Nikam is redy to begin his examination of the last day’s witness, Madhukar Galbale who is standing in the witness box.

Adv.Nikam: What happened on 11/10/06 at 5 in the evening?
Wit: I was sitting in a hotel with 3-4 other persons in front of the police station of Andhalgaon when a police constable called me & my accomplice ,Ghodichor saying that  the police officer wanted to see me.
Adv.Nikam: Then?
Wit: We went there, the police officer asked us our addresses & names. Then he said that we have to make Panchanama of the the bullock cart standing in the police station’s premises.
Adv.Nikam: What did you say?
Wit: He asked me whether I would be ready to be a Punch'(witness).
Adv.Nikam: What happened about the bullock cart?
Wit:Then the police officer inspected the cart.
Adv.Nikam: Then what was done?
Wit:There were blood spots on that cart; but they were not very clear. The police removed some blood spots & collected those in a pot.

cart.jpg                      blood2.jpg 
Pic 01 Cart……. ………& blood stains

Adv.Nikam: Then?
Wit: The police deposited the  powered blood clot .
Adv.Nikam: Then what did the police deposit next?
Wit: They only collected the blood spot in front of us.
Adv.Nikam: What happened about the Panchanama?
Wit:Panchanama was prepared & our signatures were taken.
Adv.Nikam: Who signed on the Panchanama?
Wit: I & one other witness, a police officer signed on Panchanama.
 (Adv.Nikam finishes his examination.Now, the  defence lawyer Adv.Jaiswal rises to cross-examine   the witness.)
Adv.Jaiswal: When you were deposing in the police station of Aandhalgaon police station , did police had given you any summons for it?
Wit: No.
Adv.Jaiswal: You with Ramesh Ghodichor were passing by the police station of Aandhalgaon to see the Dasara fair, then u were called. Right?
Wit: Yes, one policeman called us.
Adv.Jaiswal: Then you went inside the police station .How much time did it require for whole procedure?
Wit: 15-20 minutes.
Adv.Jaiswal: You went inside at around 5. Then it must have been 5:20 to 5:25 to complete the task. Right?
Wit:We didn’t have the wrist-watch then, so I can not tell the exact time.I have told the time with  my guesswork.
Adv.Jaiswal: Can you understand the clock?
Adv.Jaiswal: Do you tie the wrist watch too?
Adv.Jaiswal: You went there & writing of Panchnama started at around 5:30 P.M.Right?
Wit:I can not tell time for sure. It might have started at around 5:30 P.M.
Adv.Jaiswal: Then Panchnama was written by the police. It might have taken around next 1/2 an hour. Right?
Wit: No, it must have been within 15-20 minutes that they competed writting it.
Adv.Jaiswal: Did it happen that after writting the first Panchanama police went to Khairlanji?
Wit: Panchanama was written; but it did not happen that police went to Khairlanji after writting the first Panchanama.
Adv.Jaiswal: Witting second Panchanama might have taken 20-25 minutes.Right?
wit:no, 15-20 minutes.
Adv.Jaiswal: And how much time did it take to write the third Panchanama?
Wit:15-20 minutes.
Adv.Jaiswal: It must have been around 6 to 6:30 in the evening to write all the Panchanamas.Right?
Wit: I can not tell for sure.
Adv.Jaiswal: It might have taken 45 minutes to one hour to write those. Right?
Adv.Jaiswal: You might have left Andhalgaon police station for Khairlanji at around 6:30 P.M. Right?
Wit:No, it must be 6.The day was setting.
Adv.Jaiswal: It must have taken 15 minutes to reach Khairlanji. Right?
Wit:I can not tell for sure.
Adv.Jaiswal: At what time did you reach Khairlanji ? At 6:30 in the evening?
Wit:No, it must be before 6:30.The police told us that they would make the deposition Panchanama before us. Each Panchanama took around 15-20 minutes.
Adv.Jaiswal: Around 7 to 7:30 P.M. 3rd panchanama was competed. Right?
Wit:No, at round 7:15 P.M. , 3rd Panchanama was completed.
Adv.Jaiswal: Did it so happen that between 5 to 5:30 p.m., no deposition  was made?
Wit: No.
Adv.Jaiswal: Did it so happen that the accused stayed in the police station & the police went to Khairlanji?
Wit: No.It did not so happen.
Adv.Jaiswal: Third deposition was made at around 7:15 P.M. Right?
Wit:I can not tell the exact time .It may be that , 3rd deposition was made 6:15 to 7:30 P.M.
Adv.Jaiswal:Malida is 1&1/2 kms from Andhalgaon. On what day , the weekly market of Malida gathers?
Wit: Every Wednesday’s, I sell my groceries once in a week. One to two times in the week I sell the vegetables.
Adv.Jaiswal: Ramesh & you were sitting in a stall & drinking tea in front of the Andhalgaon Police station when you were called by the constables. You always sit in that stall drinking tea & police call you.Right?
Wit: No, only on that day I was called.
Adv.Jaiswal: You also recognise all the policemen. Right?
Wit: Not all; but some.
Adv.Jaiswal: Some cases of drinking beverage are lying against you .Right?
Wit: No.
Adv.Jaiswal: You were witness in the Mohadi court before Right?
Wit: No.
Adv.Jaiswal: On 11/10/06, only one Panhanama was made at around 5 in the evening. Right?
Wit: Whether one or two Panchanamas were made , I don’t remember.
Adv.Jaiswal: The police came to you between 5 to 5:30 in the evening for asking you to be a ‘Punch’. Right?
Wit: They came to me at around 5 P.M.; not before that.
Adv.Jaiswal: At that time, Hotel owner, you & some other people were sitting there, Right?
Wit: Yes.
Adv.Jaiswal: Didn’t police ask the other persons?
Wit: No, only we were called.
Adv.Jaiswal: In the police station, did you ask the police whose cart was it, for what purpose it was there, from where the cart was brought that you were shown in the police station?
Wit: No, we did not ask about that.
Adv.Jaiswal: Could the spots found on the cart be of that blood, paan or of the colour?
Wit: Yes.
Adv.Jaiswal: You signed on the Panchanama as per told by the Police. Right?
Wit:Yes, the police asked us so.
Adv.Jaiswal: In the police station, the police had already written the Panchanama & u only signed on it.Right?
Wit:No, they wrote that before us.
Adv.Jaiswal: The accused did not depose before you . Right?
Wit: No, they deposed in front of us.
Adv.Jaiswal: No depositions were made from the accused before you. Right?
Wit:No, the police deposited the articles from the accused in front of us.
Adv.Jaiswal: You are an expert ‘punch'(witness) of the police. Right?
Wit:No, for the first time I have stood as a ‘Punch’.
Adv.Jaiswal: You are falsely deposing  to implicate the accused as told to by the C.B.I.& the police. Right?
Wit: No.
  (Adv.Jaiswal finishes his cross-examination. Now,at 1 P.M.   Now, Adv. Lakhanikar rises to cross-examine the witness.)Adv.Lakhanikar: Apart from being a farmer, what other \profession do you have?
Wit: I am police patil of Malida.
Adv.Lakhanikar: Are you aware that police patil (Poice informer) has to cooperate with the police?
Wit: Yes.
Adv.Lakhanikar: Since you are a police patil, u come into contact with them frequently, right?
Wit: Yes.
Adv.Lakhanikar: Whenever any incidence takes place, the police call you, right?
Wit: Yes.
Adv.Lakhanikar: Is it true that they call youas ‘Punch’?
Wit: Yes.
Adv.Lakhanikar: As police patil, you visit the police station. Right?
Wit: Yes, sometimes I go to Andhalgaon police station.
Adv.Lakhanikar: Sometimes police discuss with you as police patil, right?
Wit: Yes.
Adv.Lakhanikar: Do you come into contact with other patils?
Wit: Yes.
Adv.Lakhanikar: Do you know police patil of Dhusala,Sidhhartha Gajbhiye?
Wit: Yes.
Adv.Lakhanikar: Do you know Ramesh Ghodichor?
Wit: Yes,he is my friend & police patil of Lohara.
Adv.Lakhanikar: Do you set your grocery shop in front of Andhalgaon police station?
Wit: No,on the back of it ,I set up my grocery shop.
Adv.Lakhanikar: Do the police also come to your grocery shop & you sell them the vegatables?
Wit: Yes.
Adv.Lakhanikar: Then is it true that you have quite good acquaintance with the police?
Wit: Yes.
Adv.Lakhanikar: The police wrote & you only signed on it without reading anything,right?
Wit: No.
Adv.Lakhanikar: My assertion is that you are with the police & to falsely implicate the accused. You are deposing. Right?
Wit: No.
   (Adv.Lakhanikar finishes his cross-examination at 2 P.M. C.B.I. lawyer, Adv.Ajaj Khan requests the court that since the next witness has not arrived , the court should be adjourned till the next date. The Judge agrees & adjourns the court till 8 th October.)

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