Khairlanji: Court proceedings 20th Dec 2008

14Mar08

Due to the absence of the defence lawyers, the proceeding was delayed.At 12:20 P.M., the defence lawyer rises to continue to cross-examine the witness, Premala Walke.
 Adv.Bedarkar: Do you know about the incidence of the assault on Sidhhartha Gajbhiye before the incidence of 29/9/06?
  Wit: No, sir.
   Adv.Bedarkar: Did quarrel ensue between Sakru Binjewar & Sidhhartha Gajbhiye?
   Wit: I don’t know.
   Adv.Bedarkar: Did your wife tell you that Sidhhartha slapped on the face of Sakru Binjewar?
   Wit; Yes.
   Adv.Bedarkar: When he came on the day of the incidence in front of Bhaiyyalal Bhotmange ,did you see him?
   Wit; Yes.
   Adv.Bedarkar: Whatever you told here was according to what C.B.I. told you to say.Right?
   Wit; No, it is false.
‘  Adv.Bedarkar: You don’t know anything about the incidence.Right?
   Wit: It is false.
‘  Adv.Bedarkar: My assertion is that you didn’t come out of your house.Right?
   Wit: It is false.
   (Adv.Bedarkar finishes his cross-examination of the witness.Now, the another defence lawyer ,Adv.Jaiswal rises to    cross-examine the witness)
   Adv.Jaiswal: You do work in the form of Bhagwan Dhenge of washing cattles ,  milking the cows .Right?
   Wit:  Yes.
   Adv.Jaiswal: You go at 6 in the morning & come back at 8:30 in night.
   Wit; yes.
   Adv.Jaiswal: You take food at your master’s house.Right?
   Wit: yes.
   Adv.Jaiswal: This is your routine & you don’t break your routine even during festivals.Right?
   Wit: Yes.Only except Navratri , I am punctual about my work.
   Adv.Jaiswal: you cannot see properly during evening and night hours .Right?
   Wit; No,I can see.
   Adv.Jaiswal: You are not able to see from the distance of 15-20 feets in the dark and you cannot identify .     the objects.Right?
   wit: no.I can identify
   Adv.Jaiswal: The police had arrested 50-60 male and female villagers concerning this crime.Right?
   wit; Yes,
   Adv.Jaiswal: Police also arrested those persons who did not testify .Right?
   Wit: yes
   Adv.Jaiswal: You deposed due to fear of police .Right?
   Wit; No
   Adv.Jaiswal: you gave statement to C.B.I.after two and half months.Right?
   Wit: Yes,
   Adv.Jaiswal: After this  incident due to the presence of 4o-50 policemen in the  begining ,the villagers had    been  terified.Right?
   Wit; Yes.
   Adv.Jaiswal: Now,there are 15-20 policemen.Right?
   wit; Yes.  
   Adv.Jaiswal: There is 12-14 hours of electrycity load-shedding in your village.Right?
   Wit:There would be no power but for what duration, I don’t know .
   Adv.Jaiswal: When you returned home,there was no electricity till 12 in midnight.Right?
    Wit;No
    Adv.Jaiswal: When  you returned back home, there was drizzling of rain.Right?
    Wit:No.
   Adv.Jaiswal: Is it true that on the day of the incidence the day was set at 6.Right?
   Wit: No.
   Adv.Jaiswal: When you returned home , there was darkness .Right?
   Wit: Yes.
   Adv.Jaiswal: After the incident, a lot of persons were being taken away by the police , so you were also  fearing aout your  name being included in the list.Right?
   Wit: A lot of persons were being taken away , but I don’t know whether my name was being included in the   list.
  Adv.Jaiswal: When the list of 19 people came , then you feared whether they would arrest you.Right?
  Wit: No.
  Adv.Jaiswal: You were afraid that your name might be included in the list of 19 people , so due to fear, you  youself went   to the police to give the statement.Right?
  Judge(Intervening): Mr.Jaiswal , you can not ask the same question the substnce of which being same.
  Adv.Jaiswal: Sir, I will ask differently.
  Adv.Jaiswal(to wit): You feared for your arrest ,so when the list of 19 people…………
  Judge: Mr, Jaiswal you are again asking the same question
   (But still , Adv.Jaiswal keeps asking the same question over again & again .Hon.Judge then records in Marathi that  even after repeated orders, the defence counsol Adv.Jaiswal kept asking the same question again & again . So he was given ….And here Adv.Jaiswal suggests the word ‘Taakid'(warning) to be included in the record.At this stage the C.B.I.counsol Adv,Khan rises from his seat saying that the defence lawyer is making  mockery of the court.Hon.Judge then says that that is the flagrant violation of all the norms & codes of the court.He severly repriminds Adv.Jaiswal who then abruptly seats down saying  he has finshed his cross-examination.Then Hon.Judge starts recording the proceedings in which he says that Adv.Jaiswal has broken all the norms & precedence of the court on which Adv.Jaiswal raise objection saying that recording about breaking of the norm is O.K.but precedence does not make sense .Again arguements & counterarguments ensue between the two & finally Adv.Jaiswal walks out of the court who is seen later out of the court puffing the cigarrets anxiously!)

  (Now,another defence counsol , Adv.Khandewale rises to cross-examine the witness )

  Adv.Khandewale: Your house is in Khairlanji village.Right?
  Wit: No, I am from outsider.My house is in Toli area which is in the outskirts of the village.
  Adv.Khandewale: the door of your house opens  in southern direction.Right?
  Wit; I don’t know south or north.I only know the directions of sunrise and sunset.
   Adv.Khandewale: The house of Mukesh  Pusam is in front that of your’s.Right?
  wit; It is beside my house .
  Adv.Khandewale: The road of your’s house is 200 metres inside from the horizontal road joining Kandri and Dhusala  villages.Right?
  wit;Yes.
   Adv.Khandewale: On the first lane of this road,there is the house of Ramu Shende .Right?
  Wit; yes.
  Adv.Khandewale:Your house is  on the back side of Ramu Shende’s house .Right?
  wit; No.
  Adv.Khandewale: How many roads pass by in between your’s and Bhaiyalal ‘s  house?
  Wit: one small road pass by in front of my house and another onto the front of Bhaiyalal’s house.
Adv.Khandewale: The people, cattles and bulluck carts pass  by in front of Bhaiyalal’s house .Right?
  Wit; Yes.
  Adv.Khandewale: Since  most of the time  you remain  at your master’s service, you don’t come into contact with the villagers.Right?
  wit;I do come into contact with the villagers.
   Adv.Khandewale: Do you know Mohadi court?
  wit:Yes, I do.
  Adv.Khandewale: Do you contest in the elections of Gram Panchayat?
  Wit: No.
  Adv.Khandewale: You give votes by seeing the persons.Right?
  Wit: I see the polling, then I give votes.
  Adv.Khandewale: You give votes to the party of Mukesh Pusam, Suresh Khandate & Bhaiyyalal Bhotamnge.Right?
  Wit: No.
  Adv.Khandewale: You are religious by nature & regularly worship.Right?
  Wit: Yes.
  Adv.Khandewale: You perform worship deeply & you then don’t know what is happening aroud you.Right?
  Wit: Yes.
  Adv.Khandewale: You rigorously fast in the days of Navratri.Right?
  Wit: I fast  & perform worship once  in a day .
  Adv.Khandewale: A policeman stays with  you for 24 hours.Right?
  Wit: Yes.
  Adv.Khandewale: Whether you asked or  did they provide you?
  Wit: I asked for him.
  Adv.Khandewale: Can you read or write?
  Wit: I can not read or write , but I can sign.
  Adv.Khandewale: After the incidence , the leaders , politicians & ministers came for two months.Right?
  Wit: Yes.
  Adv.Khandewale: Police would say to you to give the statements otherwise they would arrest you .Right?
  Wit: It is false.
  Adv.Khandewale: The parties(panels) of the accused & Mukesh Pusam are in opposition to each other.Right?
  Wit: They can be in the opposite parties ; but I am not amongst them.
  Adv.Khandewale: Do you know police patil of Dhusala?
  Wit: Yes.
  Adv.Khandewale: Do you know that he would help Bhaiyylal’s family in their difficulties?
  Wit; I don’t know.
  Adv.Khandewale: But do you know  that your co- villagers were fearfull of him?
  Wit: Because I would remain in the fields from 6 in the morning to 8 at night, I don’t know about it.
‘ Adv.Khandewale: You used to get possessd by Godess Durga into you.
  Wit: No
  Adv.Khandewale: The people come to your house for Prasad.Right?
  wit:No.
  Adv.Khandewale:  You have political quarrel with the accused , so you are speaking the lie.Right?
  Wit: No , it is false.

  (The witness’s cross-examination  being complete at 3:30 P.M. & no new witness being called the court is adjourned till 8th January08 when the Investigation Officers would be called to depose since all the  eye-witnesses’  depositions have been completed)
 



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