Khairlanji : Court Proceedings on 20th Nov 2007

25Jan08

The court assembles at 11:42 A.M.The previous witness, Mahadev Zanzad is again ready to be examined by the C.B.I.Counsol, Adv.Ejaj Khan.
Adv.Khan: The statement you gave to the Magistrate was read over to you & you yourself too read it.Right?
Wit: Yes.
Adv.Khan: Whatever you told was exactly recorded by the Magistrate.Right?
Wit: yes.
Adv.Khan: The same statement you gave to the C.B.I.& it was also read over to you. Right?
Wit: I gave the statement ,but it was not read over to me.
Adv.Khan: But Andhalgaon police might have read the statement for you.Right?
Wit:Yes.
Adv.Khan: You have said earlier that the accused you named earlier were standing around Surekha .What those persons were doing there?
Wit: I saw them only to be standing there.What those persons were doing there, I don’t know.
Adv.Khan: Did you tell the Magistrate what they were doing there?
Wit: I don’t remember.
Adv.Khan: Will you be able to remember if it is read over to you ?
Adv.Jaiswal(objecting): Sir, it is contray to the procedure of the court & evidence act.And for what purpose the recorded statement is to be read over to the witness, just to refresh his memory? Sir , we object to it & it should not be allowed.
Adv.Khan: Sir , that is the only way left before me because the witness is not ready to remember anything.
Judge: But the witness says that he doesn’t remember that.
Adv.Khan: To recollect I have to say to  the witness like this.
Adv.Khan(to witness): Will you be able to recollect if it is given to you for reading?
Wit: No , I would not be able to remember that.
Adv.Khan: Why you will not be able to remember?
Wit: Because I don’t remember.
Adv.Khan: Will you be able to recollect if you are shown the statement of C.B.I.?
Wit: No.
Adv.Khan: Why?
Wit: After reading the statement , I may be able to remember , but after some time again my memory will be lost.
Adv.Khan: What the accused were having in their hands?
Wit: I could not see due to darkness.
Adv.Khan: Who would come to Surekha Bhotmange, do you remember?
Wit: I don’t know , but it could be their guests.
Adv.Khan:Do you remember about any quarrels Surekha had with other villagers?
Wit: No.
Adv.Khan: Did she quarrel with you?
Wit: No.
Adv.Khan: Did she quarrel with your relatives?
Wit: No.
Adv.Khan: Is there any mutton shop your village of Khirlanji?
Wit: No.
(At this stage, Adv.Khan requests the court that the witness be
 declared hostile , but the Hon.Judge says that the witness can be declared as
 hostile & not liar the procedure  prosecution for which can begin
 later.Then Adv.Khan requests for the cross-examination of the witness which
 is granted.)
Adv.Khan: After hearing the shouts orignating from the house of
 Bhaiyyalal Bhotmange , you you went towards that direction & stood on the
 point where Kandri & Dhusala road bifurcate.Right?
Wit: Yes.
Adv.Khan:Did you tell the C.B.I. that the accused namely Jagdish
 Mandalekar, Vishvanath Dhande, Ramu Dhande, Shatrughna Dhande, Sakru Binjewar
 , Prabhakar Mandalekar , Gopal Binjewar & Purushottam Titirmare
 surrounded Surekha?
Wit: No.
 (Witness asks for drinking water.The defence lawyer , Adv.Jaiswal
 offers him his bottled water, but before witness takes it, the
 C.B.I.lawyer,Adv.Khan grabs it  & have a sip of it to ensure its safety.A big
 laughter errupts in the court.)
Adv.Khan: Is it right as you told on 13/12/2006 to C.B.I. that those
8 accused persons beat Surekha?
Wit: No.
Adv.Khan: It is written in your statement to C.B.I. that Jagdish
 Mandalekar, Vishvanath Dhande, Ramu Dhande & Sakru Binjewar were possesing
 sticks in their hands.Is it correct?
Wit: No, it false.
Adv.Khan: Do you remember that these 4 persons were beating Surekha?
Wit: No.
Adv.Khan: Prabhakar & Gopal had nothing in their hands & they were
 beating Surekha by the blows of hands & feets.Did you tell this to C.B.I.?
wit: No.
Adv.Khan: Do you remember that Shatrughna was beating Surekha by cycle
 chain as recorded by C.B.I.?
Wit: No, I don’t remember.
(At this stage , Adv.Jaiswal objects to the question by submitting that
 such question can not be asked to this witness.But Adv.Khan suggests
 that question is proper according to section 145 of Cr.P.C.Hearing
 contentions of  both the sides , Hon. Judge disallows the question on the
 premise that the question would have been allowed on the basis of s.145
 had  it been asked to the witness wheather he stated any fact to police
 & then witness would have answered in the affirmative/negative or that
 he does not remember.But here question about remembering some portion
 of statement was put , which is not proper.Therefore the question is
 disallowed.)
Adv.Khan(to wit):But all these things are written in your statement to
 C.B.I.Why?
Wit: I can not assign any reason for it.
Adv.Khan: When Surekha was being beaten she was shouting not to beat
 her as you told in this court yesterday , but in your statement to
 C.B.I., you told that Surekha was shouting she was dying . Why?
Wit: I had not told that to C.B.I.
Adv.Khan: Then why it is written in your statement ?
Wit: I don’t know why C.B.I. wrote that.
Adv.Khan: What is the reason of your not remembering?
Wit: I don’t know.
Adv.Khan: Did you tell C.B.I.that while beating Surekha , Jagdish & his
 associates were shouting ‘MAARA MAARA'(Kill her, kill her)?
Wit: No , I did not tell.
Adv.Khan: Then why it is written in your statement ?
Wit: I don’t know .
Adv.Khan: Did you tell C.B.I. that Jagdish & his associates killed
 Surekha by beating?
Wit: No , I did not tell.
Adv.Khan: Then why it is written in your statement ?
Wit: I don’t know .
Adv.Khan: Did you tell in this court  during your examination that
 Surekha was shouting , ‘MARU NAKA , MARU NAKA'(do not beat me)?
Wit : Yes, as I heard her screams.
Adv.Khan: Did you also tell in this court that Jagdish Mandalekar,
 Vishvanath Dhande, Ramu Dhande, Shatrughna Dhande, Sakru Binjewar ,
 Prabhakar Mandalekar , Gopal Binjewar & Purushottam Titirmare surrounded
 Surekha?
Wit: Yes.
Adv.Khan: And you stated as you saw it.Right?
Wit: Yes.
Adv.Khan: When you heard the screams of of Surekha of not to beat her, you were standing behind the house of Natthuji Khandate. Right?
Wit: yes.
Adv.Khan: Is it true that from that place , Dhusala road & Kandri road birfurcate?
Wit: Yes.    
Adv.Khan: Was Dinesh Dhande  there with you when you saw the incident?
Wit: I don’t remember.
Adv.Khan: Did you tell C.B.I. that Dinesh Dhande was there with you seeing the incident?
Wit: I don’t remember.
Adv.Khan: But it is there in the record of C.B.I. that when you saw the
 incident , Dinesh Dhande was there.Why?
Wit: I don’t know why it was recorded by C.B.I.
Adv.Khan: Is it true that you ran towards your house?
Wit: yes.
Adv.Khan: Have you stated to C.B.I. that when you ran towards your house, Dinesh Dhande was standing there & he  witnessed the entire incident?
Wit: I do  not know.
( It appears that witness is answering in similiar manner many a time & the answers the question  on being asked again)
Adv.Khan: Does Dinesh Dhande also reside in Khairlanjil since his birth?
Wit: Yes.
Adv.Khan: What is your education?
Wit: I failed in 12th Std.exam.in English subject.
Adv.Khan: Did Roshan , Sudhir & Priyanka Bhotmange learnt with you in the school?
Wit: Roshan learnt with me upto 4th std.Sudhir studied with me upto 2nd Std.Priyanka did not study with me.
Adv.Khan:  In which school Dinesh Dhande studied?
Wit: I don’t know.
Adv.Khan:  What is the distance between yours’ house & that of Dinesh Dhande?
Wit: It is of 150-200 feets.
Adv.Khan:  How many persons from 11 accused reside in between yours’ house & that of Dinesh Dhande?
Wit: None.
Adv.Khan:  There is a tamarind tree near the house of Bhaiyyalal Bhotmange. Right?
Wit: yes.
Adv.Khan:  Behind the house of Vishvanath Dhande , there is the house of Shatrughna Dhande & adjoining to it is the house of Ramu Dhande. Right?
Wit: Yes.
Adv.Khan:  Ramu Dhande, Vishavanath Dhande & Shatrughna Dhande are relatives of each other.Right?
Wit: Yes.
Adv.Khan:  To which caste do they belong?
Wit: Kunbi Caste.
Adv.Khan:  To which caste do you belong?
Wit: Kunbi.
Adv.Khan:  Where does Prabhakar Mandalekar reside in Khairlanji?
Wit He resides near Hanuman Temple.
Adv.Khan:  Jagdish Mandalekar resides beside Dhusala road opposite to the house of Bhaiyyalal Bhotamange.Right?
Wit: yes.
Adv.Khan:  What is the relationship between Jagdish & Prabhakar Mandalekar?
Wit: By village relationship , Prabhakar Mandalekar calls Jagdish Mandalekar as ‘Uncle’
Adv.Khan:  To which caste do they belong?
Wit: They belong to Kalar Caste.
Adv.Khan:  To which caste do Sakru & Gopal Binjewar belong?
Wit: Kalar Caste.
Adv.Khan:  Gopal & Sakru Binjewar reside near the house of Prabhakar Mandalekar. Right?
Wit: yes.
Adv.Khan:  The locality where these Kalar Caste people reside is called ‘Kalar Mohalla’. Right?
Wit: Yes.
Adv.Khan:  What is the name of locality where the Dhandes reside?
Wit: I don’t know.
Adv.Khan:  What is the name of locality where Bhaiyyalal Bhotmange reside?
Wit: It is called as toli.
Adv.Khan: From which other  caste,the  people reside in the area where the Dhandes reside?
Wit: Mali & kunbi caste.
Adv.Khan:  In the toli area which of the other caste people reside other than Mahar Caste as of Bhaiyyalal Bhotmange?
Wit : In toli area only family of Mahar Caste , is that of Bhaiyyalal Bhotmange.
Adv.Khan:  Kalar Mohalla is towards the main village from the point where Dhusala Road & Kandri Roads are.Right?
Wit: Yes.
Adv.Khan: On the of the Kandri road ,there is the locality of Kunbi & Mali Caste people.Right?
Wit: Yes.
Adv.Khan: That tamarind tree is towards Kandri road from the house of Bhaiyyalal.Right?
Wit: yes.
Adv.Khan: Fields of Rame Dhande are adjucent to your fields . Right?
Wit: yes.
Adv.Khan: How many pieces of land do you have?
Wit: We have 4-5 fields at differnt places.
Adv.Khan: How many fields of yours are adjucent to the fields of Bhaiyyalal Bhotmange?
Wit: None.
Adv.Khan: In what direction to the village do you have your fields?
Wit: My three fields are towards east while one is towards north.
Adv.Khan: In which direction to your fields are the fields of Bhaiyyalal Bhotmange?
wit: Towards west.
Adv.Khan: In which direction does Puroshottam Tititmare have his fields?
Wit: Towards northern side.
Adv.Khan: Fields of Bhaiyyalal Bhotmange are adjucent to that of Purushottam Titirmare.Right?
Wit: No.
Adv.Khan: Where is the house of Purushottam Titirmare?
Wit: He lives in Chicholi(a nearby village)
Adv.Khan:Where do the parents of Purushottam Titirmare live?
Wit: They live at Khairlanji.
Adv.Khan: Since how many months or years Purushottam is living in the village , Chicholi?
Wit: I don’t know.
Adv.Khan: What does he do ?
Wit: I don’t know.
Adv.Khan: What is the length of his house?
Wit: About 150 to 200 feets.
Adv.Khan: How many houses are there in between your’s & that of their house?
Wit: About 9 to 10 houses.
Adv.Khan: Do you know Yogesh Titirmare?
Wit: Yes.
Adv.Khan:Why do you know him?
Wit: I know him because he lives in my village.
Adv.Khan: Who is he?
Wit: He is son of Yogesh Titirmare.
Adv.Khan: In which school he was learning when he would reside at Khairlanji?
Wit: I don’t know.
Adv.Khan: Was there any quarrel between Yogesh Titirmare & Priyanka Bhotmange?
Wit: I don’t know.
Adv.Khan: Did you used to attend Sharda Pooja & Navaratra Programme at Cultural stage?
Wit: Yes.
Adv.Khan: Did you go to public feast at Durga Pooja of 2004?
Wit: No.
Adv.Khan: Do you know Atul Dhande?
Wit: Yes.
Adv.Khan: Is he a friend of Yogesh Dhande?
Wit: I don’t know.
Adv.Khan: Had you heard about the incident of pouring of waste water on
 Priyanka & subsequent quarrel about it?
Wit: No, I did not hear about it.
Adv.Khan: Did you hear about any quarrel made by Surekha Bhotmange?
Wit: No.
Adv.Khan: Since from when you know Purushotam Titirmare?
Wit: I know him since my birth.
Adv.Khan: Do you know that he works in Milk Federation?
Wit: Yes.
Adv.Khan: Do you know about village quarrels?
Wit: No.
Adv.Khan: Do you of any quarrel with Sidhharth Gajbhiye?
Wit: No.
Adv.Khan: Do you know anything about arrest & then bail from Mohadi court of some villagers regarding beating of Sidhhartha Gajbhiye?
Wit: No.
Adv.Khan: Do you know about wheather Priyanka & Surekaha Bhotmange disclosed names of some villagers regarding beating of Sidhhartha Gajbhiye , leading to the arrests of those villagers?
Wit: No, I don’t know.
Adv.Khan: Did you see any of the incident before noticing the incident of 29/9/06?
wit: No.
Adv.Khan: Did you hear about any of the inciedent between Sidhhartha Gajbhiye & Sakru Binjewar?
Wit: No.
Adv.Khan: How many beetel kiosk are there in you village & who are their owners?
Wit:3 , the owners being Nanhaiya Mandalekar , Chirkut Lede & Sakharam Borkar.
Adv.Khan: In which of the kiosk do you go?
Wit: To all.
Adv.Khan: In whose beetel kiosk were you when you heard the shouts coming from Botmange’s house?
Wit: I was in the beetel kiosk of Nanhaiya Mandalekar then.
Adv.Khan: At that time who was there in the kiosk ?
Wit : Nanhaiya Mandalekar was there?
Adv.Khan: Did he also rush to the house of Bhotmange?
Wit:I don’t know
Adv.Khan: Would you go frequently go to the kiosk of Nanhaiya Mandalekar?
Wit: No, sometimes I would go there .
Adv.Khan: Is it true that Nanhaiya Mandalekar was also arrested in connection with this crime?
Wit: Yes, I know.
Adv.Khan: Do you know when he was released ?
Wit: I don’t know.
Adv.Khan: Where Khairlnji villagers have  to go to if they  wish to buy meat ?
Wit: They have to go either to Jamb or Andhalgaon to buy meat.
Adv.Khan: Where one gets the mutton everyday?
Wit: In Andhalgaon.
Adv.Khan: When weekly market of Andhalgaon is held?
Wit:On every Wednesday.
Adv.Khan: How many times you would go there to bring mutton?
Wit : Once in a momnth.
Adv.Khan: With whom you would go there?
Wit: Alone.
(The court is adjourned till the next day since its working time is over.)



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