Khairlanji: Court Proceedings on 29th Nov.2008 contd…III


The court assembles at 11:30 A.M. Witness Mahadev Zanzad is ready to be cross-examined by the defence lawyer, M.T. Bedarkar.
Adv.Bedarkar: You told earlier in this court that grass grows in the triangle between Kandri Road , Dhusala Road & joint road of those two roads. Right?
Wit: Yes, but in fact the grass grows not in the whole triangle , but in that triangle at some portion beside Kandri Road from the joint section of Kandri Road & Dhusla Road.
Adv.Bedarkar: What is this grass called & what is its height?
Wit: This grass is called as Ghos & its height is 5 to 6 feets.
Adv.Bedarkar: What is the distance between your house & Gram Panchayat Cultural Hall?
Wit  : My house is situated about 5 to 6 houses from Gram Panchayat Cultural Hall.
Adv.Bedarkar: If one goes by in front of your house then whose houses he will confront?
Wit: First there will be the house of the parents of Purushottam Titirmare & ahead of it there will be house of Dinesh Dhnde.
Adv.Bedarkar: The road in front of your house is Gram Panchayat Road & that is the main road of your village.Right?
Wit: Yes.
Adv.Bedarkar: What is the distance between your house & Kandri Road?
Wit: 300 feets.
Adv.Bedarkar: Is it true to say that the house of Natthu Khandate is situated in between your house & Gram Panchayat?
Wit: yes.
Adv.Bedarkar: From the house of Natthuji Khandate there is a lane upto Kandri Road.Right?
Wit: Yes.
Adv.Bedarkar: Is it true that length of the  lane from Natthuji’s house to Kandri Road is about 200 feets?
Wit: No.It is about 100 to 125 feets.
Adv.Bedarkar: The distance between Bhayyalal’s house & Natthuji’s house is about 1000 to 1500 feets.Right?
Wit: No. That distance is of about 300 to 350 feets.
Adv.Bedarkar:After 7:30 P.M. , you left your house for beetel kiosk to purchase paan masala.Right?
Wit: Yes.
Adv.Bedarkar: It took to about till 7:45 P.M. to take the paan masala.Right?
Wit: yes.
Adv.Bedarkar: While you were there in the beetel kiosk , a tractor with 30 to 35 persons came there near Gram Panchayat Office.Right?
wit: No.
Adv.Bedarkar: When you were in the beetel kiosk , it was dark & raining.Right?
Wit: Yes.
Adv.Bedarkar: Then some villagers went to Kandri in a tractor to search for Rajenra Gajbhiye & then they returned and Bhaskar Kadav & Prabhu Titirmare were amongst them.Right?
Wit: I don’t know.
Adv.Bedarkar: Then those persons aligted from the tractor in your preence.right?
Wit: No.
Adv.Bedarkar: Did you tell the Police about this fact?
Wit:  No.
Adv.Bedarkar: But Andhalgaon Police’s recorded statement of yours shows the fact that those person aligted from tractor.Why?
wit: I can not assign any reasons for that.
Adv.Bedarkar: Is it true that after taking paan masala , you & Dinesh Dhande left for yours respective houses . Right?
Wit: Yes.
Adv.Bedarkar: Then you went to sleep in your house.Right?
Wit: Yes.
Adv.Bedarkar: On the next day , you came to know that 4 members of Bhotmange family were dead.Right?
Wit: Yes.
Adv.Bedarkar: Is it true that on the second or third day of the incident , you went to your sister in Nagpur?
wit: No.
Adv.Bedarkar: You stayed with your sister for about 7 days after the incident.Right?
Wit: Yes.
Adv.Bedarkar: Police aproached you in Nagpur.Right?
Wit: no.
Adv.Bedarkar: On your return to Khairlanji, the police came to you .Right?
Wit: Yes.
Adv.Bedarkar: What was the date?
Wit: I don’t remember.
Adv.Bedarkar: Who recorded yor statement?
Wit: Andhalgaom Police.
Adv.Bedarkar: Police recorded statements of yours , Chirkut Lede’s & Shankar Khurpe’s at a time.Right?
Wit: No. Only mine & Shankar Khurpe’s statements were recorded at a time.
Adv.Bedarkar: How many of your statements were recorded by Andhalgaon Police?
Wit: Only one.
Adv.Bedarkar: Did police officer , Susatkar  record your statement?
Wit : I don’t know.
Adv.Bedarkar: After the incident the police erected 3 – 4 outposts in your village.Right?
Wit: Yes.
Adv.Bedarkar: Is it true to say that , after Andhalgaon Police recorded your statement , no other policeman recorded your statemnet for next two months?
Wit: Yes.
Adv.Bedarkar: What was the post of the policeman who recorded your statement?
Wit: I do not know his post , so I can not tell you that.
(Adv.Bedarkar finishes his cross-examination . Now, another defence lawyer Adv.Jaiswal rises to cross-examine the witness)
Adv.Jaiswal: Is it true that at the time of the incident , you could not see properly as the tear used to accumulate in your eyes?
Wit: Yes.
Adv.Jaiswal: Is it true to say that from the place behind the house of Natthe Khandate , one can not see  the place situated in front  as well as at the back side of Bhaiyyalal Bhotmange’s house?
Wit: Yes.
Adv.Jaiswal: Is it true to say that on that day of the incident at 7 P.M. , there was load shedding ?
Wit: yes.
Adv.Jaiswal: Is it also true to say that on that day , electic load shedding was there in your village even upto 12 in the midnight from the time when you came to your house from the fields?
Wit: Yes.
Adv.Jaiswal: C.B.I. took you to Mohadi court for recording your statement.Right?
Wit; Yes.
Adv.Jaiswal: C.B.I. threatened you that if you do not give the statement, then they would beat you &  implicate you in false case.Right?
Wit: yes.
Adv.Jaiswal: So due to  fear of C.B.I. , you gave false statement before Magistrate at Mohadi , as  tutored by C.B.I.Right?
Wit : Yes.
Adv.Jaiswal: Do you know Mukesh Pusam & Suresh Khandate?
Wit: Yes.
Adv.Jaiswal: you have good relations with them.Right ?
Wit: yes.
Adv.Jaiswal: Musesh Pusam is your friend.Right?
Wit: No.
Adv.Jaiswal: Is it true to say that a day before the incident , you met Mukesh Pusam who told you that he was going to his in-laws with his family for one & half to two months?
Wit: No.
Adv.Jaiswal: Is it true to say that in that period of the incident , there was illness of  Chicken Gunya in your villlage & neighbouring villages?
Wit; Yes.
Adv.Jaiswal: During those period , many villagers were  admitted in the hospitals at Kamptee, Nagpur & Bhandara.Right?
Wit :Yes.
Adv.Jaiswal: Is it true to say that in the  period between 27/9/06 to 2/10/06 , Suresh Khandate was admitted at some hospital in Nagpur?
Wit: No. I don’t know .
Adv.Jaiswal: Did you know Surekha Bhotmange?
wit: Yes.
Adv.Jaiswal: Surekha being a  qarrelsome lady, used to quarrel at water hand pump in fornt of your house.Right?
Wit: I don’t know.
Adv.Jaiswal: Is it true that in that period of the incidence , there used to be a  lot of thefts from the fields & therefore  villagers used to go to the fields  at night hours for the security purposes?
Wit: yes.
Adv.Jaiswal: Is it true to say that on 29/9/06 , between 6 to 6:30 P.M. , Sudhir, Roshan , Surekha & Priyanka Bhotmange met you & out of them Sudhir told you that they were proceeding to their fields for keeping watch over their fields?
Wit: Yes.
Adv.Jaiswal:As Police & C.B.I. threatened you to implicate falsly in this case & also to beat you, therefore you gave statement as per their wishes.Right?
Wit; Yes.
(Adv.Jaiswal finishes his cross-examination of the witness.Now, another defence lawyer, Adv.Khandewale rises to cross-examine the witness.)
Adv.Khandewale: Is it true to say that after the incident , policeman approached every houses & used to to give them threat that if the  villagers  do not give statements in their favour , they  will falsly implicate them in this case?
Wit; Yes.
Adv.Khandewale: And those villagers who refused to give the statement as per their wishes, they made them accussed in this case.Right?
Wit; Yes.
Adv.Khandewale: Is it true to say that in your village , there was no caste hatred against all the three Mahar caste families?
Wit: Yes.
Adv.Khandewale: And like other children , children of the Mahar caste people were also taking education & none showed hated for them.Right?
Wit; Yes.
Adv.Khandewale: When police recorded your statement , they beat you .Right?
Wit: No.
Adv.Khandewale: Is it true to say that police also recorded the statement of  your father?
Wit: Yes.
Adv.Khandewale: Did Police also threaten your fahter to make him accused?
Wit: I don’t know. 
Adv.Khandewale: Is it true to say that  even today  you feel terrorised by Police & C.B.I.?
Wit: Yes .
Adv.Khandewale: Due to fear of Police & C.B.I. , you deposed falsly.Right?
Wit: Yes.
(At this stage , the C.B.I.Counsol Adv.Khan asks the permission of the court to put a question to witness regarding  as to why he did not tell anybody about the the abounding pressure on him  exerted by the Police & the C.B.I.But the defence side objects . Arguements & counterarguements ensue & then lastly Hon.Judge S.S.Das questions the witness in following manner.)
Judge(to wit): After  fillng the chargesheet , wheather you made complaint about any threatening of Police or C.B.I. to Chief Minister or Minister?
Wit: No.
(Since the deposition of the witness is complet & no new witness being called to depose , the court is adjourned till the next day i.e. 30 th November)

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