Khairlanji: Court Proceedings 19th Dec 2007

13Mar08

                             The court assembles at 11:15 A.M. At 11:47 A.M., the next witness, Police sub -inspector , Sidhheshwar Bharane is called in the witness-box to depose.Special Publlic Prosecutor is ready to  examine him.
Adv.Nikam: In what period of the time , you were incharge of Andhalgaon Police station?
Wit: From 29/8/05 to 7/10/06.
Adv.Nikam: On 30/9/06, what happened & at what time?
Wit: On 30/9/06, when I came back to Andhalgaon Police station at 8 in night, Bhaiyyalal Bhotmange was sitting there in the police station.
Adv.Nikam: Who told at what time he had come there?
Wit: Station diary incharge told me that he had come there at 11in the morning.
Adv.Nikam: Why he had come  there?
Wit: To make a complaint.
Adv.Nikam: Why he was told to wait there?
Wit: To ascertain the identity of one dead body that was recovered .
Adv.Nikam: Then ?
Wit: I called Bhaiyyalal Bhotmange to come to Rural Hospital of Mohadi.
Adv.Nikam: Whose dead body it was ?
Wit; As identified by Bhaiyyalal Bhotamange, it was of Priyaka.
Adv.Nikam: What happened of Bhaiyylal Bhotamang who was sitting in Police station?
Wit: I took the written complaint of Bhaiyylal.
Adv.Nikam: (showing paper)Is this his report numbered as No.133, is this his signature?
Wit: Yes.
Adv.Nikam: What did you do then?
Wit: I made inqury of Bhaiyyalal.
Adv.Nikam: Then?
Wit: I signed on that complaint
Adv.Nikam: Then?
Wit: Then I made F.IR. no.56/2006 aginst the accused u/s 147,148, 149, 302, 201 of I.P.C. & u/s 3,1(10) of Prevention of Atrocity Act.Because the crime was registered under atrocity act, I handed over the investigations to Sub-Divisional Police Officer , Susatkar.
Adv.Nikam: Who registered the crime no.52/2006(Sidhhartha Gajbhiye Assault case) in Andhalgaon Police station?
Wit; I myself.
Adv.Nikam: Under which   sections?
Wit: 147,148,149 & 324 of I.P.C .
Adv.Nikam: Who made the complaint?
Wit: Sidhhartha Gajbhiye.
Adv.Nikam: How many accused were arrested?
Wit:12, Dileep Dhenge , Jagdish Mandalekar,Prabha Mandalekar,Shivcharan Mandalekar, Gopal Binjewar, Sakru Binjewar,Nanya Mandalekar, Prakash Kadav, Pankaj Aatilkar, Mahipal Dhande, Dharmapal Dhande & Shatrughna Dhande.
Adv.Nikam: Whose statements you recorded in this crime?
Wit: Sidhhartha Gajbhiye, Surekha Bhotmange , Priyanka Bhotmange & others.
(Adv.Nikam finishes his examination of the witness.Since the defence lawyer,Adv.Jaiswal is absent , Hon.Judge asks the accused no.s 1,2 ., 8 & 9 whether they would cross-examine the witness.All answers in the negative.Now, another defence lawyer, Adv.Lakhanikar rises to cross-examine the witness)                         
Adv.Lakhanikar:  Why you were suspended ?
Wit; I can not tell.
Adv.Lakhanikar:  A crime has been registered against you whose case is going on in the Court of Bhandara for not doing the investigations properly.Right?
Wit: No.
Adv.Lakhanikar:  But in crime no.52/2006, under what sections , you are being charged?
Wit: U/S 7 & 13 of Anti-Curruption Act.
Adv.Lakhanikar:  Do you know Sidhhartha & Rajan Gajbhiye?
Wit: Yes.
Adv.Lakhanikar:  You had accepted bribe of Rs.2800/- from Rajan Gajbhiye for applying the sections of Atrocity Prevention Act in the case of assault on Sidhhatha Gajbhiye.That’s why the sectons of Anti-curruption has been slapped against you.Right?
Wit: No.
Adv.Lakhanikar:  How many policemen were there during your tenure?
Wit: About 20.
Adv.Lakhanikar:  In your absence who registeres complaints?
Wit; Station Diary Incharge.
Adv.Lakhanikar:  You had not given the right to register F.I.R. in your absence to anybody.Right?
Wit: Yes.
Adv.Lakhanikar: When did you go to Andhalgaon Police station for the first time on 30/9/06?
Wit: At 8:30 A.M.
Adv.Lakhanikar: When did you go out of the police station for work?
Wit : After 15-20 minutes.
Adv.Lakhanikar:  Who handeled the work in your absence?
Wit: Station Diary Incharge.
Adv.Lakhanikar: When did you return to the police station?
Wit: At 8 in night.
Adv.Lakhanikar:  Did you have the ‘Jeep’ on 30/9/06?
Wit: Yes.
Adv.Lakhanikar:  Do you take the help from police Patils in your work?
Wit: Not help but I take their meetings.
Adv.Lakhanikar:  Do you sometimes take their help?
Wit: Yes.
Adv.Lakhanikar:  Had Bhiyyalal written compliant in your presence?
Wit: No, it was already written.
(Adv.Lakhanikar finshes his cross-examination of the witness at 12:45 P.M. Now , another defencd lawyer , Adv.Ninad Bedarkar rises to cross-examine the witness.)
Adv.Bedarkar :  Did you made present the 12 accused  in crime no.52/2006 in Mohadi court?
Wit: Yes.Our police persons presetedn them before the Mohadi court.
Adv.Bedarkar: Did all accused take bail?
Wit: I don’t know.
Adv.Bedarkar : All the accused were there in the court till 6 to 6:30 in the evening & after getting bail all police & the accused left the court.Right?
Wit: I don’t know.
Adv.Bedarkar: Those police who had made them to appear  in the court in Mohadi , returned  to Andhalgaon Police Stattion at about 8 to 8:30 in night.Right?
Wit: I don’t know.
Adv.Bedarkar: Is it true that on that day on 29/9/06, at 8 to 8:30 in night, a call was received in Andhalgaon Police station?
Wit: I don’t know.
Adv.Bedarkar: Sidhhartha Gajhiye had told on the phone that some crime concerning Bhaiyyalal Bhotamnge had happened  & he is sending Bhaiyyalal to Police station.Right?
Wit: I don’t know.
Adv.Bedarkar: Did you send head constable , Baban Meshram to Khairlanji  at 8 in the evening on 29/9/06?
Wit: Yes.
Adv.Bedarkar: Did you send him to Kandri too?
Wit: I sent him to Khairlanji.
Adv.Bedarkar: Did you made entries concerning all these things in you register?
Wit: No.
Adv.Bedarkar: Did Baban Meshram give you any reports when he came back from Khairlanji?
Wit: No.
Adv.Bedarkar: My assertion is that Bhaiyyalal did not give you any reports & you are telling the lie.Right?
Wit; No.
Adv.Bedarkar: My assertion is that on 30/9/06,Bhaiyyalala did not give you any written complaint & you did not register that.You are tellling the lie.Right?
Wit: No.
Adv.Bedarkar: My assertion is also that , on 30/9/06, you did not meet Bhiyyalal Bhotmange.Right?
Wit: This assertion is wrong.
Adv.Bedarkar: You write according to compainant in the format of F.I.R.Right?
Wit: Yes.
Adv.Bedarkar: On what date you handed over the investiagation to S.D.P.O.?
Wit  : On the same day of 30/9/06.
Adv.Bedarkar: Before applying the Atrocity Act , did you check the Caste Certificate of Bhaiyyalal Bhotmange?
Wit: No, I had asked Bhiyyalal about his caste.
Adv.Bedarkar: Did you make any enrty anywhere that you asked Bhaiyyalal’s caste?
Wit  : No.
Adv.Bedarkar: You made the wrong investiagations , registered false complaint , so you were suspended from your sevice.Right?
Wit: No.
(Adv.Bedarkar finishes his cross-examination of the witness.At this stage , the P.P. Adv.Nikam seeks the permission of the court to re-examine the witness since the witness denied that he received a phone call from Sidhhartha Gajbhiye about untoward incident being happened to Bhaiyalal Bhotmange.Also explanation to be sought as to why he send Baban Meshram to go to Khairlanji to look into the matter.But defence lawyers object for it. The discussion ensues & finally the prosecution & the defence are allowed to ask one question each.)
Adv.Nikam: What was the cause for sending Baban Meshram to Khairlanji on 29/9/06?
Wit : I had received an anonymous call that an untoward incident had happened  in Khairlanji.So, I sent him to Khairlanji.
Adv.Lakhanikar: Did you register that anonymous phone call?
wit: No.
(At this stage , the court is adjourned for the Lunch Break.At 3:00 P.M. , the next witness, the police constable , Natthu Tukaram Badwaik is called in the witness box.Adv.Nikam begins his examination.)
Adv.Nikam: What did you do on 30/9/06 cocerning about the crime ?
Wit: I was persent at the time of Spot Panchnama of the dead body of  Priyanka Bhotmange.
Adv.Nikam:( Showing him the Panchnama)Is this your signature?
Wit: Yes.
(Adv.Nikam finishes his examination .Now, Adv.Lakhanikar rises to cross-examine the witness)
Adv.Lakhanikar:  After the registration of the crime , you were suspeded .Right?
Wit; Yes.
Adv.Lakhanikar:  You did not investigte this crime properly , so you were suspended .Right?
Wit: yes.
Adv.Lakhanikar:  At what time , you went to the police station of Andhalagaon Police station on 30/9/06?
Wit: In between 10 to 10:30 in the morning.
Adv.Lakhanikar:  You were suspended because you made a false Panchanama.Right?
Wit; No, this is false.
(Adv.Lakhanikar finishes his cross-examination.The withness is send back.Since no new witness being called , the court is adjourned till the next date , i.e.9th January08)



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