Khairlanji: Court Proceeding on 31st October

14Dec07

 The court assembles at 11 A.M.But since the defence lawyer Adv.Jaiswal is not yet arrived to contiue the cross-examination of the previous witneess , Bhaiyyalal Bhotmange , the next witness , Sidhhartha Gajbhiye is called to be examined by the special public prosecutor Adv.Ujwal Nikam.
Judge: What is your name?
Wit: Sidhartha Gajbhiye.
Judge : What is our occupation ?
Wit: I am a farmer & ‘police patil’ (police informant) of the village , Dhusala.
Adv.Nikam: At what distance is the village Khairlanji from your village?
Wit: 2 Kms.
Adv.Nikam: Since when you were the police patil of Dhusala?
Wit: From 1993.
Adv.Nikam: Do you know Bhaiayyalal Bhotmange & his family from Khairlanji?
wit: Yes.
Adv.Nikam: Who were there in the family of Bhaiyyalal Bhotmange?
Wit : His wife Surekha,sons Sudhir & Roshan & a daughter named Priyanka.
Adv.Nikam: How do you know them?
Wit: Surekha is my assumed sister.
Adv.Nikam: Are Surekha , Sudhir , Roshan & Priyanka alive today?
Wit: No.
Adv.Nikam: What happened on 3/9/06 in the evening at 5.
Wit: I had gone to Khairlanj to the house of Bhaiyyalal Bhotmange at about 5 to 5:30 in the evening.
Adv.Nikam: Then What happened?
Wit: Only Priyanka was present at home,I talked to her for 2-3 minutes & then went ahead.
Adv.Nikam: Then?
Wit: Then I moved forward in the direction of the village , Kandri.After going for about half a km., my motorbike stopped because of being stuck in the mud.Then 10-12 people came there .They hit me by the sticks & the blows of fists & legs due to which my head started bleeding.
Adv.Nikam: Who came there when you were attacked?
Wit: Surekha & Priyanka.
Adv.Nikam: What happened to the aggressors?
Wit: They all ran away.
Adv.Nikam: Then?
wit: Surekha & Priyanka brought me to their house .
Adv.Nikam: Who was there in the house?
Wit: Bhaiyyalal Bhotmange was lying on the bed due to illness.
Adv.Nikam: Where were you admitted for his treatment?
Wit: Rahi Hospital , Kamptee.
Adv.Nikam: what happened on 29/9/06 ?
Wit: Bhaiyyalal Bhotmange came to Dhusala in my house at about 7 in the evening . Bhaiyyalal was very frieghtened at that time. He told me at that time that 50-60 people had attacked his house.Then I phoned to Andhalgaon Police station.
Adv.Nikam: Who picked up the phone in the police station?
Wit : The phone was picked up by a constable named as Dongare, I informed him about the incidence.
Adv.Nikam: Then?
Wit: Then I sent my son & Bhaiyyalal in Andhalgaon police station.
Adv.Nikam: Then?
Wit : On that day at about 8:30at night , Head constable,Baban Meshram came to my house.
Adv.Nikam: Then?
Wit: He asked me wheather Surekha & her children came to my place . I answered in the negative, I then told him that they might have gone to Deulgaon.
Adv.Nikam: What happened with Bhaiyyala ?
Wit: Bhaiyyalal made a police complaint that night.
Adv.Nikam: What happened on the next day?
wit: Bhaiyyalal went to his house in Khairlanji in the morning at 5’o clock.
Adv.Nikam: Then?
Wit:Then at 8:30 in the morning , Bhaiyyalal & Yadnapal came to my house.
Adv.Nikam: Then?
Wit: Then they went to Andhalgaon police station to lodge a polce complaint.
Adv.Nikam: What did Bhaiyyalal told you ?
Wit: He told me that he could not find Surekha & the children.
 (Adv.Nikam finishes his examination of the witness. Now. the defence lawyer Adv.Jaiswal who has just arrived rises to cross-examine the witness)
Adv.Jaiswal: U are police patil from 1993, so u knew other police patils in the nearby villages.Right?
Wit: Yes.
Adv.Jaiswal: Do you know the police patil , Shivlal Galbale & Ramesh Ghodichor?
Wit: Yes.
Adv.Jaiswal: Do you know Beat Jamadar, Baban Meshram?
Wit: yes.He is the head police constable of the region of our village.
Adv.Jaiswal: You have close contact with Andhalgaon police station.Right?
Wit: Yes.
Adv.Jaiswal: You had good relations with Surekha Bhotmange.Right?
Wit: I had good relations with Surekha as an assumed sister.
Adv.Jaiswal: Would you go to their house?
Wit: In their problems I would go to them & in their problems, they would come to me.
Adv.Jaiswal: It takes about 10 minutes to reach ur village from Khairlanji.Right?
Wit: Yes.
Adv.Jaiswal: Even though after Bhaiyyalal told you about the incidence which was a cognisable offence , yoyou did’t go personally with him to lodge a police complaint .Right?
Wit: Yes, because I  did not know it to be cognisable offence that time.
Adv.Jaiswal: Did you go with Baban Meshram & one of his assistant to Khairlanji?
Wit: No.
Adv.Jaiswal: You & your brother Rajenra took part in Khairlanji protests.Right?
Wit: No, because as a police patil , I can not take part in the protests.
Adv.Jaiswal: But your brother , Rajendra took part in the protests.Right?
Wit: I don’t know.
Adv.Jaiswal: You are giving false testimony because you have good relations with Bhaiyyalal .Right?
Wit: No.
 (Adv.Jaiswal finishes his cross-examination at 1:55 P.M.Another defence lawyer Adv.Khandewale rises to cross-examine the witness.)
Adv.Khandewale: You have 50 acres of land .Right?
wit: It is 47 acres including of all .
Adv.Khandewale: Where is it located?
Wit: In Dhusala.
Adv.Khandewale: Do you pay attention to the fields?
Wit: I take the work from farm labourers.
Adv.Khandewale: What do your brothers do?
Wit: Shudhhodhan has a shop , I & Rajendra pay attention to the farms.
Adv.Khandewale: The distance between urs’ & Bhaiyyalal’s land is about 1 to one & half kms.Right?
Wit: Yes.
Adv.Khandewale: Since you had a good relations with Surekha, you were helping her & familly financially & were providing the labourers for them.Right?
Wit: No.
Adv.Khandewale: As your land has bigger area , Surekha would work with others on your fields.Right?
Wit: Sometimes Bhaiyyalal would help .
Adv.Khandewale: You would frequently visit Bhaiyyalal’s house.Right?
Wit: No.
Adv.Khandewale: There is a Ration shop & kerosine oil shop on your family’s name.right?
Wit: It was there in the beginning.
Adv.Khandewale: Did you give any written complaint or deputation to the Chief Minister or Home minister?
Wit: No.
Adv.Khandewale: My assertion is that because you have good relations with Bhaiyyalal , you are giving the false deposition?
Wit:No.
 (Adv.Khandewale finishes his cross-examination . Now, the previous witness,Bhaiyyalal Bhaotmange is again called to contiue to be cross-examined by Adv.Jaiswal at 3:10 P.M.)
Adv.Jaiswal: Bhaiyyalal, do u know Dileep Ukey ?
Wit: Yes.I do.
Adv.Jaiswal: He has good relations with u & ur family.Right?
Wit:(in stern voice)My relations are good with him.Where the question of family comes?
Adv.Jaiswal: Dileep Ukey is the member of Panchayat Samiti & he resides in the village of Varathi.You also lives with him.Right?
Wit: Yes.
Adv.Jaiswal: U had been given the house,nay,a bungllow by the government.Even then u stay with him.
Wit: I fear of loneliness.So I stay with him.
Adv.Jaiswal: It is important that police should present with u .Right?
Wit: Yes.
Adv.Jaiswal: How many police r there with u protecting u ?
Wit: Two.
Adv.Jaiswal: One is present on the one side & other is present on the other.Right?
Wit: Yes.
Adv.Jaiswal: They are present round the clock.Right?
Wit: Yes.
Adv.Jaiswal: Dileep Ukey feeds u .So u might be giving some money to him.Right?
Wit: No.
Adv.Jaiswal: Bhaiyyalal, you are aware that Dileep Ukey is not witness in this case.Right?
Wit: He is the witness in this case.
Adv.Jaiswal: In connection with this incidence, M.L.A.Nitin Raut , Asit Bagade,Dileep Ukey took part in the protests .Right?
Wit: Yes.
Adv.Jaiswal: You also took part in the protests with them.Right?
Wit: Yes.
Adv.Jaiswal: Do you know Rashtrapal Narnavare?
Wit: Yes.
Adv.Jaiswal: You lived a few days with Rashtrapal after this incidence.Right?
Wit: Yes.
Adv.Jaiswal: Are u aware that Rastrapal is a witness in this case?
Wit: Yes.
Adv.Jaiswal: Is it true that you made a police complaint against Rastrapal Narnavare for misappropriation of Rs.25,000/-?
Wit: No, it is false.
Adv.Jaiswal: Do u know Sidhharth & Rajendra Gajbhiye?
Wit: Yes.
Adv.Jaiswal:Rajendra & Sidhhartha have about 40-45 acres of land.Right?
Wit: Yes.
Adv.Jaiswal: You , Surekha & your children worked in the fields of Sidhhartha Gajbhiye.Right?
Wit: No, it is false.
Adv.Jaiswal: Rajendra & sidhhartha used to stay sometimes in your house.Right?
Wit: No, it is false.
Adv.Jaiswal: The villagers did not like your wife’s & Sidhhartha’s relations.Right?
Wit: It is false.
Adv.Jaiswal: Your wife & Sidhhartha had illicit relations.Right?
Wit: It is false.
Adv.Jaiswal: Bhaiyyalal,what is your annual income?
Wit: Rs.50,000/-
Adv.Jaiswal: How much land do u possess?
Wit: 5 Acres.
Adv.Jaiswal: What do u grow there ?
Wit: Paddy & wheat.
Adv.Jaiswal: How much does it produce?
Wit: 100 sackfulls of paddy & 3 quintals of wheat.
Adv.Jaiswal: Where did u sell the produce?
Wit: In the ‘Ganj Market'(The market place specially for the grains & cereals)
Adv.Jaiswal: would you pay toll tax?
Wit: It has to be paid.
Adv.Jaiswal:How much did u pay?
Wit: 50 Paise per sack.
Adv.Jaiswal: How much tax did you pay in the market?
Wit: No tax is paid in the market.
Adv.Jaiswal: The agents would take commission from you?
Wit: No.
Adv.Jaiswal: Did you deposit money in the bank?
Wit: I would keep some for the daily needs & the rest I would deposit in the bank.
Adv.Jaiswal: What was roughly the expenses at home?
Wit: About 25,000/-
Adv.Jaiswal: How much would you spend on the seeds ?
Wit: I would keep some seeds & would grow them.
Adv.Jaiswal: Did you have electricity in your house?
Wit: No.
Adv.Jaiswal: Your daughter had cellphone with her.Right?
Wit: No, it was with my with son.
Adv.Jaiswal: How much did that cost to you?
Wit: I don’t know.
Adv.Jaiswal: The maximum number of calls received on this cellphone were of your wife & daughter.Right?
Wit: No,it is false.
Adv.Jaiswal:That expenditure on the cellphone would have been paid by Sidhhartha.Right?
Wit: No.
Adv.Jaiswal: Then you must be paying it.
Wit: No.
Adv.Jaiswal:The price of that mobile handset was Rs.5000 to 6000/-.Right?
Wit: I don’t know.
Adv.Jaiswal: Your school going son did not earn anything.Right?
Wit: Yes.
Adv.Jaiswal: Who bought that cellphone?
Wit: My son.
Adv.Jaiswal: You gave him the money for buying it?
Wit: No.
Adv.Jaiswal: Your wife would go to Sidhhartha Gajbhiye’s place for charging the mobile.Right?
Wit: (Angrily) No , she would come to your house.
 (At this stage , Adv.Jaiswal requests the court to notice the demeanour of the witness & his arrogance & also to record the statement of the witness as it is which court denies.Then the prosecution lawyer Adv.Khan argues that it was Adv.Jaiswal who gave provocation to the witness.Hon.Judge reprimands the witness not to be rude & answer the question politely.)
Adv.Jaiswal:  From where did your wife charge the mobile handset?
Wit: That was bought 15 days before the incidence.I don’t know from where it would be charged.
Adv.Jaiswal:  Look,the calls would come from Rajnandgaon,Durg for Surekha Bhotmange .Right?
Wit: I don’t know.
Adv.Jaiswal:  For whom the  calls would be coming  on that mobile?
Wit:  I don’t know.
Adv.Jaiswal:  Do you know Yogesh Mandape & Shashibhushan Wahane , the lawyers from Nagpur?
Wit: No.
Adv.Jaiswal:  Did you give written statement to the Magistrate?
Wit: Yes.
Adv.Jaiswal:  Did you write the statement yourself?
Wit: No.The application writer(Arjanwis) wrote that.
Adv.Jaiswal: Do you know what is written in that statement?
Wit: I don’t remember .
Adv.Jaiswal: The walls of your house has been made of the bricks piled one over the other.Right?
Wit: Yes.
Adv.Jaiswal:  Your house is facing east .Right?
Wit: Yes.
Adv.Jaiswal:  Your house has a big cowdung pit in the east.Right?
Wit:It is of moderate size.
Adv.Jaiswal:  There is the road on the west of your house .Right?
Wit: Yes.
Adv.Jaiswal: On the same road , there is a water handpump.Right?
Wit: Yes.
Adv.Jaiswal: The viilage women come to this handpump for taking the water.Right?
Wit: Yes.
Adv.Jaiswal: Those women fill the water the whole day.Right?
Wit: Yes
Adv.Jaiswal: Tht road is about 30 feets wide,right?
Wit: It is about 10-15 feets wide.
Adv.Jaiswal: Mukesh Pusam’s house is not visible if one stands in front of your house.Right?
Wit: No.It is visible.
Adv.Jaiswal: But Mukesh Pusam’s house is not visible if one stands in front of the cattleshed.Right?
Wit: No, it is visible.
Adv.Jaiswal: On 28/9/06 , you had gone to your relatives out of Khairlanji village.Right?
Wit: I don’remember.
Adv.Jaiswal: You are basically from Ambagad.Right?
Wit: Yes.
Adv.Jaiswal: You came back from Ambagad to Khairlanji on the next day of the incident?
Wit: I don’t know.
Adv.Jaiswal: The incidence that you have told before the court has not happened in connection with the incidence of 29.9.06.Right?
Wit:It has happened.
Adv.Jaiswal: You have been told by your  caste people & Dileep Ukey , how to depose in the court.Right?
Wit: It is false.
Adv.Jaiswal: Asit Bagade has told you how to depose before the court?
Wit: It is false.
Adv.Jaiswal: You are deposing falsly.
Wit: It is false.
Adv.Jaiswal: Because you have been paid money by the government & because of pressure by the C.B.I.,are giving the false statement in the court.Right?
Wit: It is false.
Adv.Jaiswal: Sidhharth had illicit relationship with your wife since from your marriage ,so you killed Surekha & the children.
Wit:It is false.
 (The court is adjourned at this stage till 15th November since its working  time is over.)



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