Khairlanji: Court Proceedings on 30th Oct’07

09Nov07

The court assembes at 11 A.M.Adv.Nikam rises to contiunue his examination of  the previous witness, Bhaiyyalal Bhotmange, the only surviving member & also a father from Bhotmange family.

 bhaiyyala.jpg
Pic01: Father Bhaiyyalal

Adv.Nikam: What happened on fateful day 3/o9/2006?
Wit:Sidhhartha Gajbhiye was beaten up by some of the villagers of Khairlanji.At that time due to my ill health, I was at home.Surekha & Priyanka brought Sidhhartha in my house for the treatment.
Adv.Nikam: What happened on 14/9/06?
Wit: The beat Jamadar(Head constable), Baban Meshram recorded the statements of Surekha & Priyanka.
Adv.Nikam: What is the population of village , Khairlanji?
Wit:About 150 houses are there in Khairlanj.
Adv.Nikam: How many Mahar caste (*ex-Untouchable / Buddhist) people are there in Khairlanji?
Wit: 3 houses are of Mahar caste people.
Adv.Nikam: To whom other 3 houses belong to?
Wit: Meshram & Khobragade.
Adv.Nikam: Other than you, how many other’s children were learning?
Wit: Only my children were learning in the school.
Adv.Nikam: Apart from her formal education , what other eduacation Priyanka was having?
Wit: She was admitted to National Cadet Cop (N.C.C.).

priyanka
Pic 02: Talented Priyanka  (Age-19)

Adv.Nikam: What was the condition in the village as a result of your children’s education?
Wit:Other villagers were saying that these Mahar caste (*ex-untouchable dalits/Buddhist) people are going ahead of us, we will teach them a lesson.

 (But Hon.Judge denies to record this statement. Adv.Nikam requests him to record ,a short discussion ensues between them; but Judge does not relent saying that it is not necessary part of the evidence)

Adv.Nikam: How much land did you have?
Wit: 5 Acres.
Adv.Nikam: In what way you had possession over it?
Wit : It was ancestral.
Adv.Nikam: What happened about land?
Wit: The villagers wanted the road though my land.
Adv.Nikam: (showing the copy of F.I.R.) Is it your signature?
Wit : Yes.

  (Adv.Nikam finishes his examination.Now, Adv.Jaiswal rises to cross-examine the witness.)

Adv.Jaiswal: Bhaiyyalal , can you understand the difference between day, night, & evening?
Wit: Yes.
Adv.Jaiswal: In the same way you can understand the difference between morning & noon. Right?
Wit: Yes.
Adv.Jaiswal: The time of the rising of the sun to the setting of it , is the day.Right?
Wit: Yes.
Adv.Jaiswal: Evening means the time between 5 & 7:30.Right?
Wit: Yes.
Adv.Jaiswal: The night starts after 7:30 in the evening. Right?
Wit: The night starts from 7 in the evening.
Adv.Jaiswal: It is not mentioned in your police complaint that the people were shouting that the Mahar-Dhed had implicated them in the false case.Why?
Wit: I had not told it there.
Adv.Jaiswal: On 5/10/06 , the C.I.D.took your statement.Right?
Wit: I don’t remember.
Adv.Jaiswal: on 29/11/06 , C.I.D. took your statement twice.Right?
Wit: I don’t remember.
Adv.Jaiswal: Did you give the statement to C.B.I.?
Wit:They took my statement once or twice
Adv.Jaiswal: They took your statement on 7/12,8/12,22/12/06.Right?
Wit:I don’t remember.
Adv.Jaiswal: Did you give the statement to C.B.I.& C.I.D that the villagers attacked your house & they were shouting that these Mahar -Dhed (Ex-untoucahble/dalits/buddhists)  people had implicated them falsely in the case?

 (On this the p.p.Adv.Nikam rises & says that that statement is already there ; but Adv.Jaiswal says that the word ‘falsely’ is not there. Hon.Judge finally records the omission of the word’falsly’)

Adv.Jaiswal: (asks the same question again)
Wit: I did not tell.
Adv.Jaiswal: Did you give Police the statement on 5/10/06 that the villagers attacked your house & they were shouting that these Mahar-Dhed people had implicated them falsely in the case?
Wit: I did not tell.
Adv.Jaiswal: Do you know the difference between the names of the male & female?
Wit: Yes.
Adv.Jaiswal: Prabhakar is the name of the male & Prabhabai is the name of the female. Right?
Wit: Yes.
Adv.Jaiswal: Is it rightly written in the police statement the name as Prabhabai Mandale?
Wit: No.
Adv.Jaiswal: In your police complaint you had told the names of the aggressors as Gopal,Sakru,Prabha Mandale,Mahipal,Shatrughna,Puroshottam , Premlal Khurpe .Right?
Wit: Yes.
Adv.Jaiswal: But in your police report , the name of Prabha Mandale is not written . Can you give any reason for that?
Wit: I don’t know.
Adv.Jaiswal: Did you mention in your police report that as you were frightened , you ran away to Dhusala?
Wit: I did not tell.
Adv.Jaiswal: In your police report it is also not mentioned that you stayed with Sidhharth that night.why?
Wit: I did not tell them.
Adv.Jaiswal: Can you tell the reason of why it is not mentioned in your police report that after fearing the fury of  the mob, you ran away to Dhusala to meet Sidhhartha Gajbhiye?
Wit: No,I can not assign any reasons for it.
Adv.Jaiswal: you had told to the poice  that you told Sidhhartha Gajbhiye that a mob of 50-60 people had attacked your house.Right?
Wit: Yes .
Adv.Jaiswal: But that is not written in your police report.Can you tell me why it is not written in it?
Wit:  I can not assign any reasons for that.
Adv.Jaiswal: It is not written in your police report that Sidhhartha phoned Andhalgaon police station in front of you.Can you give any reasons why it is not written in it?
Wit: No, I can not assign any reasons for that.
Adv.Jaiswal: Why it is not mentioned in it that , that night you went to Sidhhartha’s house?
Wit: I did not remember.
Adv.Jaiswal: On the next day , you went your home in Khairlanji at 4-5 in the morning. But it not mentioned in the police report.Can you give any reasons why it is not written in it?
Wit: No, I can not assign any reasons for that.
Adv.Jaiswal: It is not mentioned in your police report that you saw your house was in haywire.Can you give any reasons why it is not written in it?
Wit: I had told them but I don’t know why they did nor write .
Adv.Jaiswal: What is false whether you went to Khairlanji at 6 A.M. or as you told in this court that you went to Khairlanji at 4-5 in the morning?
Wit: What I told before the court , is right.
Adv.Jaiswal: Then what you told to the police, is wrong!
Wit: Yes.
Adv.Jaiswal: Who wrote the police report?
Wit: A petition writer named as Taklu Tailer.
Adv.Jaiswal: Did you tell the police his name?
Wit:(Emphatically) No.
Adv.Jaiswal: You have written in the report ,”I suspect that the above respondents have killed my family members & thrown their dead bodies.I also fear for my life”.This sentence is written later.Right?
Wit: I don’t know , I don’t remember.

 (The court is adjourned for the lunch break at 2 P.M.It again reassembles at 3 P.M.)

Adv.Jaiswal: Did you tell the C.B.I. the names of 13 persons on 7/12/06?
Wit: Yes.
Wit: But your statement does not mention it.Can you give any reasons for it?
Wit: No.
Adv.Jaiswal: On the same day at night at around 9-10 , you went to Andhalgaon police station. Did you tell this to C.B.I.?
wit: I don’t know.
Adv.Jaiswal: You have told different names at different times.
Wit:I have told the names of 14 persons , I did not tell anybody’s names except those.
Adv.Jaiswal: You have told the names of 20 persons to the C.B.I. in the statement recorded on 8/12 06.Right?
Wit: No.
Adv.Jaiswal:It would be false if  you had given the names of the persons other than these 14 persons to the local police or C.B.I.Right?
Wit: Yes.

  ( After this a long discussion ensues about the names of the 20 persons as given to the C.B.I. But the C.B.I.gives the explanation that  it is merely a  mention of the narration of  Bhotmange to C.I.D. & not actually the names as told to C.B.I. in a given statement.But the defence counselors do not agree. Finally the Hon.Judge records the objections of the both sides.) 
  
Adv.Jaiswal: On 5/10/06 , you told the names of 19 persons to local police . Did you give any explanation for it?
Wit: I did not tell that much names.
Adv.Jaiswal:  Do you the reasons of how those names got interpolated in your statement?
Wit: I do not know any reasons for it.
Adv.Jaiswal:  Did you tell the names of the persons except of 14 persons?
Wit:No.
Adv.Jaiswal:  Did you tell the C.B.I. in your statement recorded 3 times on /12/06, 8/12/06 & 22/12/06 that these 11 accused were the aggressors?
Wit: Yes.I had  told them.
Adv.Jaiswal:  But your statement to C.B.I.does not mention the inclusion of these 11 accused. Can you give any reasons for it? 
Wit: I don’t remember.

 (The court adjourns at 5 P.M. for the day . Next day i.e. 31st October the court would continue its businness)



One Response to “Khairlanji: Court Proceedings on 30th Oct’07”

  1. 1 Sicilian

    Excellent Job Keep it up ! I am posting this to other forums !!


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