Khairlanji : Court Proceedings on 10th Oct’07


The court assembles at 11:45 A.M.The next witness is called in the witness box.Special Public prosecutor Adv.Ujwal Nikam is ready to examine  the witness.

Judge : What is your name?
Wit: Sunil Chirkut Lede.
Adv.Nikam: Do you know Jagdeesh Mandalekar?
Wit: Yes.
Adv.Nikam:Is he present in the court?
Wit: Yes.
Adv.Nikam: Where is he  now?
Wit: He is sitting on the back bench of the courtroom.
Adv.Nikam: Do you know Gopichand Mohture?
Wit: Yes.
Adv.Nikam: Where is he from?
Wit: He is from Khairlanji.
Adv.Nikam: Do you have your shop as well as home on the same place?
Wit: Yes.
Adv.Nikam: At what distance Gopichand resides from your house?
Wit: He resides at the distance of 3-4 houses from my house.
Adv.Nikam: What happened on 30/9/06?
Wit: Jagdeesh came to my shop at  about 6-6:30 in the morning.
Adv.Nikam: Why he came to your shop?
Wit: For having a cup of tea.
Adv.Nikam: Then?
Wit: He asked me to give him the tea on credit. I told him that I do not provide tea on credit at morning hours.
Adv.Nikam: What happened then?
Wit: He told me that he has burnt his clothes inside which there was money,so that money also got burnt.
Adv.Nikam: What did you do then?
Wit: I asked why he burnt his clothes. He told me that on the previous day i.e.on 29th September , he has murdered 4 members from Bhotmange  family & thrown away their dead bodies. He had to burn his clothes because those were stained by the blood of the victims.
Adv.Nikam: How much money was there as he told you?
Wit: Rs.150/-
Adv.Nikam: When Jagdeesh told you all this, who else was present there?
Wit: Gopichand Mohture was present at that time.
Adv.Nikam: Did you give him the tea?
Wit: No.
Adv.Nikam: What happened on 1/10/06?
Wit: I was arrested in this crime?
Adv.Nikam: Why were you arrested ?
Wit:  Even though I was not related with the crime , I was arrested .I was freed from the custody after 90 days.
Adv.Nikam: Were you charge-sheeted for this crime?
Wit: No.
 (Adv.Nikam finishes his examination at 12:05 P.M.)
Judge : Where is Adv.Jaiswal?
Adv.Khandewale: Sir, he is not well. He has send an application. His legs  are swollen.
Judge: Why don’t you make his arrangements here in Bhandara?For whom he
 is counsilling?
Adv.Khandewale: Jagdeesh Mandalekar.
Judge: This is not good . He should have been present here.
Adv.Khandewale: He can cross-examine the witness on the next date or he can cross-examine when he attends the court in other cases here in Bhandara,because he has a few other dates in this district court of Bhandara.
Judge : When he has the  next date in other case in this court?
Adv.Khandewale: Next friday Sir.
Adv.Khan: Sir, that should be allowed only for the cross-examination of the witness.

 (Hon.Judge agrees & Adv.Khandewale is called to cross-examine the witness.)

Adv.Khandewale: you have the fields too in Khairlanj village.Right?
Wit: Yes.
Adv.Khandewale: You take care of  your fields too along with the paan-kiosk.Right?
Wit: Yes.
Adv.Khandewale: How much land do you posses?
Wit: 5 Acres sir.
Adv.Khandewale: You have the land sharing the common boundary with Jagdeesh Mandalekar.Right?
Wit: Yes.
Adv.Khandewale: You had a quarrel with Jagdeesh Mandalekar about the bounry of the fields.right?
Wit: No.
Adv.Khandewale: Is it right that Jagdeesh used to quarrel with you while working on his fields?
Wit: No.
Adv.Khandewale: Is it right that between yours’ & Jagdeesh’s house , there  is the distance of around 1Kms.?
Wit: No, about 1500 feets.(500m)
Adv.Khandewale: Jagdeesh do not have to pass by your house.right?
Wit: No, he has to always pass by in front of my house.
Adv.Khandewale: Is it right that between yours’ tea shop & Jagdeesh’s house there is a tea shop of Nanya Mandalekar?
Wit: Yes.
Adv.Khandewale: Whenever you have the work in the fields , your father sits in the shop.Right?
Wit: Yes.
Adv.Khandewale: You had been arrested on 30 September. Then you were released after 90 days on bail.Then you gave the statement & then you were discharged.Right?
Adv.Khandewale: When you were arrested & were in the custody, you did not tell this to anybody else .Right?
Wit: No sir. I had told this to the P.S.I.Bharane & Judicial Magistrate in Mohadi Court ,but nobody paid heed to it.
Adv.Khandewale: Do you know that any of your family members , gave any statement?
Wit: I was in the custody, so I did not know about that . After getting released from custody,I came to know that my brother Sunil Lede gave the statement.
Adv.Khandewale: Since your father is handicapped,he opens the tea shop in the morning hours.Right?
Wit: No,myself or my brother opens the shop.
Adv.Khandewale: you & Jagdeesh has relations with each other because you both are from the  same village.Right?
Wit: Not only because of we r from same village , we have good relations  but also because we share the common boundary on the fields.
Adv.Khandewale: But he is not your close friend without whom you can not rest in peace.Right?
Adv.Khandewale: The C.B.I. recorded your statement when you were in jail.Right?
Wit: No they made only the inquiry;but they did not write it.
Adv.Khandewale: Gopichand Mohture was also along with you in Jail.Right?
Adv.Khandewale: You were both along for the last 15 days of the jail.Right?
Adv.Khandewale: You know that Gopichand also gave the statement.Right?
Wit: I did not know it earlier;but I knew it after Gopichand gave the statement.
Adv.Khandewale: When you & Gopichand were together in the jail , the C.B.I.sleuths also came to you for the statement.Right?
Adv.Khandewale: At that time , the C.B.I.officers told you that Gopichand & you would be released after 90 days.Right?
Wit: No.
Adv.Khandewale: My assertion is that you gave your statement to C.B.I. to get discharged from the crime.
Wit:No sir,before that I had also told to P.S.I. Bharane & later to …..
Adv.Khandewale: (interrupting)Did you tell the C.B.I. that Jagdeesh asked you tea on credit?
Adv.Khandewale:  But it is not mentioned in your statement recorded with them.Do you know any of the reasons for it?
Wit:That reason they will tell.I don’t know the reason. 

  ( Hon.Judge records that the omission is in respect of demanding tea on credit instead of demanding tea free of cost as recorded by C.B.I.earlier.)
Adv.Khandewale: You have told in the court that you denied Jagdeesh tea on credit because you do not give tea on credit in the morning hours.Right?
Adv.Khandewale:  But it is not mentioned in your statement recorded with C.B.I.Why?
Wit: I don’t know.
Adv.Khandewale:  Look Sunil, you asked Jagdeesh why he burnt his clothes.Did you tell this to C.B.I.?
Adv.Khandewale:  But it is not mentioned in your statement recorded with them.Why?
Wit: I can not tell anything about this.
Adv.Khandewale: What is your education?
Wit: I m 10th passed.
Adv.Khandewale: Can you read, write or understand English?
Wit: No.
Adv.Khandewale: C.B.I. recorded your statement in English on 9/1/07.Right?
Adv.Khandewale: You can not read what is written in that.Right?
Wit:Because it is written in English , I can not read , but I have given the statement.
Adv.Khandewale: My assertion is that Jagdeesh did not come to your shop & he did not tell you anything.Right?
Wit: No,Jagdeesh did tell me,so I m telling that .
Adv.Khandewale: My assertion is that to falsely implicate the accused , you are giving the false statement under pressure from C.B.I.Right?
Adv.Khandewale: As C.B.I told you , you were with them since from yesterday.Right?

 (Adv.Khandewale finishes his cross-examination at 1:25 P.M.As the other defence lawyer Adv.Jaiswal is not yet arrived,the court is adjourned for the next date i.e.29th October.)

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