Khairlanji: Court Procedings on 18th Dec 2007

08Mar08

 Due to absence ofthe witnesses on 6,7 , 13 & 14th December, the hearing of the court had to be adjourned to 18th December.The court assmbles at 11:20 A.M. The next witness, Premlal Istari Walke (62) is called in the witness-box to depose.C.B.I. counsol , Adv.Ezaz Khan is ready to examine him.
Adv.Khan: Where did you live?
Wit: In Khairlanji.
Adv.Khan: Since from when you are living in Khairlanji?
Wit: From last 10-12 years.
Adv.Khan: What is your education?
Wit: I had passed std.2nd.
Adv.Khan: To which direction to the house of Bhiyyalal Bhotmange , your’s house is situated?
Wit: My house is in the west to the house of Bhotmange’s .
Adv.Khan: How many persons there were in the house of Bhaiyyalal Bhotmange  ?
Wit: Five.
Adv.Khan: Who were those?
Wit;  His spouse Surekha, sons Sudhir & Roshsan , a daughter, Priyanka & Bhaiyyalal himself.
Adv.Khan: Tell me about the incidence on 29/9/06.
Wit: On 29/9/06 , at 6:30 in the evening I heard the shouts of ‘Beat, Beat’
Adv.Khan: From where the voice was coming from?
Wit: It was coming from the house of Bhaiyyalal Bhotmange.
Adv.Khan: Where were you at that time ?
Wit: I was at home preparing for Pooja(Worship)
Adv.Khan: Then?
Wit: When I was at home , I heard the shouts of ‘Beat, Beat’.’
Adv.Khan: Whose voice it was?
Wit: It was of Vishvanath Dhande & Sakru Binjewar. I was scared , so I did not come out of my house.
Adv.Khan: What happened then?
Wit: After some time I heard the voice of “Where are the children?”
Adv.Khan: Then?
Wit: I did not see anything. After all the commotion silenced, I came to the entrance of my house.
Adv.Khan: What did you see?
Wit:I saw a bullock-cart going on the road from Bhaiyyalal’s house.It was going in the direction of village Kandri.
Adv.Khan: Who was driving the cart?
Wit; Jagdish Mandalekar. Behind the cart , Vishvanath Dhande , Shatrughna Dahnde, Ramu Dhande , Sakru Binjewar & some more persons were following.
Adv.Khan: What did those persons had ?
Wit : Sticks .
Adv.Khan: What was the colour of the oxens attached to the cart?
Wit : They were of the red colour.
Adv.Khan: To which direction it was going?
Wit; In the direction of the sunset , that means in the direction of Kandri.
Adv.Khan: What happened then?
Wit: After some time , a police vehicle came, I could not tell them anything as I was frieghtened.
Adv.Khan: What did they ask you?
Wit; One policeman asked me as to where were the people from Bhaiyyalal’s home.I told them I did not know.
Adv.Khan: To whom did you give statement to  later?
Wit : I gave statement in Mohadi court.
Adv.Khan:  Have you given statement in any other court?
(At this stage , defence lawyer Adv.Jaiswal objects saying that that  question  was in the nature of cross-examination, so it could be asked only during cross-examinatio.But , Adv.Khan contends that it could be asked.Hearing both the sides Hon.Judge ruled that except leading questions any type of questions can be asked whether the witness knows it or not is another mater, so the question was allowed.)
Adv.Khan: Was Mahadev Zanzad there in the court of Mohadi on that day & did Magistrate record his statements too?
Wit: Yes.
Adv.Khan: Who recorded you first statement?
Wit  : Andhalgaon Police staion.
Adv.Khan: Then C.I.D.?
Wit: Yes.
Adv.Khan: Then C.B.I.?
Wit: Yes.
Adv.Khan: (showing his statement u/s 164 )Is this your signature?
Wit: Yes.
Adv.Khan: Is this same statement was recorded then?
Wit: Yes.
Adv.Khan: Whatevere written here , is true or false?
Wit; True.
(Adv.Khan finshes his examination of tne witness at 1:45 P.M. After the lunch -break, the defence lawyer, Adv.Bedarkar  rises to cross-examine the witness)
Adv.Bedarkar: You are living since from last 10-12 years in Khairlanji.Where did you live before that?
Wit: In the village of Karadi-Mundhari near Davadipar.
Adv.Bedarkar: How far is it from Khairlanji?
Wit: I don’t know.
Adv.Bedarkar: Bhaiyyalal had migrated long before you.Right?
Wit; yes.
Adv.Bedarkar: Is your house constructed on your own land?
Wit; No, it is on encroached land.
Adv.Bedarkar: Are all the houses in your Toli(area) constructed on encroached land?
Wit  : No, some are built by Indira Awas Yojna(Indira residence scheme)
Adv.Bedarkar: There are no elecric street lights in front of your house.Right?
Wit:  Yes,but there is in front of the house of Kisan Titiramare.
Adv.Bedarkar: Gram Panchayat took action against you & Bhaiyyalal for encroachment of land.Right?
Wit; No.
Adv.Bedarkar: You would frequently visit Bhiyyalal’s house.Right?
Wit; Yes.
Adv.Bedarkar: Bhaiyyalal did not have quarrel with anybody before.Right?
Wit: Yes.
Adv.Bedarkar: An idol of Goddess Durga was established in your home before this incidence.Right?
Wit; Yes.
Adv.Bedarkar: As like you , Bhotmange’s family had also the fast in the name of Godess Durga.Right?
Wit: Yes.
Adv.Bedarkar: At what time you would do Pooja(worship)?
Wit: In between 6 to 7 in the evening.
Adv.Bedarkar: After that you would sing devotional songs.Right?
Wit : Yes.
Adv.Bedarkar: Then you would have your dinner.Right?
Wit: Yes, at about 8:45 to 9:00 P.M.
Adv.Bedarkar: Surekha & her children would come to you for Pooja & Prasad(devotional food)Right?
Wit: Yes.
Adv.Bedarkar: Did they come to your house on the day of the incident?
Wit: No.
Adv.Bedarkar: My assertion is that on the day of the incident at 7:30 to 8:30 in the evening ,they had gone from your house taking ‘Prasad’Right?
Wit; It is false.
Adv.Bedarkar: In your Toli, there are  5-7 house of Gond caste people & other 3-4 houses are of Kunbi caste people.Right ?
Wit: Yes.
Adv.Bedarkar: Does Shaligram Khandate live there?
Wit; No. He lives in our Toli.
Adv.Bedarkar: And Mukesh Pusam?
Wit; He also lives in Toli.
Adv.Bedarkar: Who is Mukesh Pusam by your relationship?
Wit: He is my brother -in-law(wife’s brother)
Adv.Bedarkar: House of Mukesh Pusam is in front of your’s house.Right?
Wit: Yes.
Adv.Bedarkar: Is Suresh Khandate your relative?
Wit: No.
Adv.Bedarkar: Is he also from Gond caste like you?
Wit: Yes.
Adv.Bedarkar: Did police take the statements of your wife, Musabai?
Wit: I had gone to the fields, they did not take her statement before me.
Adv.Bedarkar: Do you have your own land?
Wit: No, I do service to Bhagvan Dhenge.
Adv.Bedarkar: Did you do some fighting with anybody before ?
wit: No.
Adv.Bedarkar: You are std.2nd failure , so you can not read & write.Right?
Wit: No. I can.
Adv.Bedarkar: You can not see properly.Right?
Wit; I can not see small letters , but I can see the rest.
Adv.Bedarkar: You can not see in the night hours.Right?
Wit: I can see , but I can not read .
Adv.Bedarkar: You had said to the Magistrate that you are class two pass & because you are not able to see properly , you can not read.Right?
Wilt: It is false.’
Adv.Bedarkar: On the day of the incident you had gone to the house of your master.Bhagwan Dhenge.Right?
Wit: Yes.
Adv.Bedarkar: You return to your house in the untimely hours of night.Right?
Wit: I used to return home at 6 to 7 in the evening ; but due to Navratri(Durga Festival) I would come at 5 in the evening.
Adv.Bedarkar: It was a day of Navratra on 29/9/06.Right?
Wit: yes.
Adv.Bedarkar: You came back at 8 in the night on that day.Right?
Wit: It is false.
Adv.Bedarkar: On the day of the incidence , you took dinner at 8:30 at night & then you went asleep.Right?
Wit; I took dinner at 8:30 , but I slept sometime later.
Adv.Bedarkar: When did police take your first statement?
Wit: 3-4 Days after the incident Andhalgaon police took my statement in Gram Panchayat office.
Adv.Bedarkar: According to that statement you came back home at 8:30 P.M.
Wit; No, it is false.
Adv.Bedarkar: But why it is so written  in your statement?
Wit; I don’t know.
Adv.Bedarkar: You told the police that you did not know anything.Right?
Wit; I was frieghtned , so I told them that I did not know anything.
Adv.Bedarkar: On next day did a police vehicle come to your village?
Wit; I don’t know.
Adv.Bedarkar: Did Bhaiyyalal meet you next day?
Wit: He was not seen.
Adv.Bedarkar: On  the morning of 30/9/06  did police vehicle arrive to Bhotmange’s house?
Wit: I don’t know because I had gone to the fields early in the morning.
Adv.Bedarkar: But you police statement says that that on the morning at 6 of 30/9/06 you came to know that somebody had murdered Bhotmange’s family , but you didn’t know who had done that.Right?
Wit: It is false.
Adv.Bedarkar: But why it is written so in your statement?
Wit; I don’t know.
Adv.Bedarkar: Did police read over the statement to you?
Wit; No.
Adv.Bedarkar: Did police wrote accordding to what you had told them?
Wit: No, they did not.
Adv.Bedarkar: Do you understand about C.I.D. & C.B.I.?
wit: No.
Adv.Bedarkar: Do you know Andhalgaon Police?
Wit: Yes.
Adv.Bedarkar: To which police did you give your statement to ?
Wit: I gave the same statement to all those who asked me.
Adv.Bedarkar: Which statement?
Wit; That I have  given to Judge sir.
Adv.Bedarkar: You had come in the court on yesterday & a day before yesterday.Right?
Wit: No.
Adv.Bedarkar: With whom you have come today?
Wit: With a policeman named Malewar.
Adv.Bedarkar: Why you have come with him?
Wit: He stays with me.
Adv.Bedarkar: Yesterday , a day or two before, was he with you?
Wit: Yes.
Adv.Bedarkar: By what conveyance you reached here ?
Wit: By his motobike.
Adv.Bedarkar: He told you to come?
Wit; No, I have received summons.
Adv.Bedarkar: Where is it?
Wit: I have given it to clerk.
Adv.Bedarkar: Did you tell anything to police on the nightof the incident?
Wit: No.
Adv.Bedarkar: Police would come to you daily  till 3/10/06.Right?
Wit; yes.
Adv.Bedarkar: Did you tell them about  the incidence before?
Wit: No.
Adv.Bedarkar:Whose police they were?
Wit: I don’t know.
Adv.Bedarkar: Then police would come to the Gram P anchayat for recording the statements.Rgith?
Witr: Only for once they came to Gram Panchayat ;then  they would go to the houses.
Adv.Bedarkar: Would you tell them anything?
Wit: No.
Adv.Bedarkar: You wouldn’t tell them anything!
Wit: I would them that I did not know .
Adv.Bedarkar: One month after the incident , you gave statement  to police & C.I.D.
Wit: Yes, at that time I would tell them the lie.
Adv.Bedarkar: Why did you lie?
Wit:Due to fear.
Adv.Bedarkar: Did police arrest anybody?
Wit; They were arresting the accused as well as those who were not.
Adv.Bedarkar: Would they bring them into village ?
Wit: No.
Adv.Bedarkar: Would they bring them into their vehicle?
Wit; No, they would take them to jail.
Adv.Bedarkar: Did they bring anybody into the village before you?
Wit; No.
Adv.Bedarkar: They would cuff them , so you were fearfull.Right?
Wit; Yes.
Adv.Bedarkar: Due to that fear you gave false statement to C.I.D.Right?
Wit: yes.
Adv.Bedarkar: Police would take them to Mohadi court to record your statement.Right?
Wit: No.
Adv.Bedarkar: Where did your statement was recored in Mohadi?
Wit: In office, near river which is near an asylum.
Adv.Bedarkar: Who took you to that place?
Wit: C.B.I. people.
Adv.Bedarkar: How many persons were they?
Wit: Four.
Adv.Bedarkar: You must have feared due to them?
Wit; They had taken lot of people , so I did not have fear of them.
(At this stage the court is adjourned till the next day i.e.19th December since its working time is over.)



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