Khairlanji: Court Proceedings 15th Jan 2008

19Mar08

The court assembles at 12 noon.The previous witness S.D.P.O of Bhandara, susatkar is again called in the witness-box.The defence  lawyer .Adv.Khandewale is ready to continue to cross-examine him.
Adv. khandewale:You have in your statement before  this  court said that on 5/10/06, you recorded Bhaiyyala Bhotmange’s satement(Adv.Khandewale asks him to refer to Bhaiyyalal’s statement )Did he tell you the names of the many other persons other than the accused he named in this court?
Wit: Yes.
Adv. khandewale: You have written the names of those persons as per told by him.Right?
Wit; Yes.
Adv. khandewale:  In this statement  of Bhotmange that  you recorded  , are the names of Sunil Lede & Gopichnd Mohture .Right?
Wit: Yes.
Adv. khandewale:You had investigted till 8/10/06, then you handed over the investigations to Rajurkar . You had recorded the statements of the witnesses till 8/10/06 . Did you record the statements of Mukesh Pusam’s wife on 4/1/06?
Wit: (shown record)Yes.
Adv. khandewale:In the jurisdiction of Andhalgaon Betala , Palora villages are included.Right?
Wit: I don’t know.I had the additional charge.
Adv. khandewale:When you were in charge of the region as S.D.P.O. , did the incidences of the people beating the suspected thieves in Andhalgaon & the places around ever occur ?
Wit: During my tenure , I did not find such instances.
Adv. khandewale:Did the C.I.D. or the police record your statement ?
Wit; Yes, C.I.D. recorded.
(At this stege the Hon. Judge laments the way C.I.D. investagate the case & says that they are worse than local police!)
Adv. khandewale:Did you tell C.I.D. that you took over the investigation of the case because the crime was registered under Atrocity Act?
Wit: yes.
Adv. khandewale: Then you told C.I.D. that on 1/10/06 , you took 28 people in police custody.Right?
Wit; Yes.
Adv. khandewale:You have not investigated  this case properly.Right?
Wit: It is false.
Adv. khandewale: The investigations were withdrawn from you & handed over to Rajurkar.Right?
Wit: It is false. I was the S.D.P.O. for both regions of Bhandara as well as Tumsar. At that time there were protests going on in Bhandara , so I for keeping the watch , I was posted to Bhandara.
Adv. khandewale:You had seized the Nokia Mobile from from the accused . It was identified by Bhaiyyalal to be of Surekha. Did  you ask for its receipt bill from Bhaiyyalal?
Wit; No.
‘Adv. khandewale:On 1/10/06 , you took the panchas along with you , so that if the dead body is found the Panchanama would be done.Right?
Wit; yes.
Adv. khandewale: You had recorded the statement of Premalal Walke . Did you record his statement according to what he said?
Wit; yes.
Adv. khandewale: My assertion is that because you did not investigate in the crime , you were suspended.Right?
Wit; It is false.I did not apply the atrocity act in the crime no.52/06 , so I was suspended.
(Adv. khandewale finishes his cross-examination at 1:05 P.M.Now , another defence lawyer , Adv.Bedarkar rises to cross-examine the witness.)
Adv.Bedarkar: ” Sidhhartha used to frequent the house of Bhaiyyalal Bhotmange , so the villagers would supect the illicit  relationship between them ” You have written this statement according to Bhaiyyalal.Right?
Wit; yes.
Adv.Bedarkar: You had taken the statement of 62 persons.Right?
Wit: yes.
Adv.Bedarkar: :Before that you had arrested  31 persons apart from the accused . You did not have any evidednces against them. You had illegally detained them.Right?
Wit: There were evidences.
Adv.Bedarkar: : And therefore the investagtions were  withdrawn from you .Right?
Wit: No.:
Adv.Bedarkar:  Where were you on 29/9/06?
Wit:In Bhandara.
Adv.Bedarkar:  On 30/9/06, when you were yet to take the investigations in your hands , A.S.I.Badwaik had found one dead body in the canal & its Panchanama was made by Badwaik.Right?
Wit: Yes.
Adv.Bedarkar:where were you on30/9/06?
wit: I reached Andhalgaon police station  from Bhandara at 8 to  9 in night.
Adv.Bedarkar: Bharane police phoned you to come there .Right?
Wit: Bharane told me on mobile that a Girl’s dead body is found.Then he told me to come there.
Adv.Bedarkar: There was mention of sudden death in this incident’s F.I.R..Right?
Wit: Yes.
Adv.Bedarkar: Had the investigations of the incident of 52/2006 before this incident were with you?
Wit: No.
Adv.Bedarkar: After the incident of 29/9/06 , a lot of higher police officials & the ministers came to Andhalgaon.Right?
Wit: Yes.
Adv.Bedarkar: You superior police officials were making allegatios against  you that because you did not apply the Atrocity Sections,this crime occured.Right? 
 Wit: No, they were not making such allegations.
Adv.Bedarkar: What are those policemen who are suspended because of not applying the atrocity sections in this case?
Wit: I don’t know.
Adv.Bedarkar: Because the atrocity section was not applied in that case on 52/06 , that section is now applied here.Right?
Wit: No.
Adv.Bedarkar: You have arrested 30 persons without any evidence against them.Right?
Wit: No.It is false.
Adv.Bedarkar: My assertion is that , you did not prepare any Panchanama & you only signed ?
Wit: No, it is false.
(Adv.Bedarkar  finishes his cross-examination at 3:20 P.M.Now, next witness Rajurkar is  called in the witness – box to depose.The C.B.I. Lawyer Adv.Khan is ready to examine him.)
Judge: What is your name?
Wit: Avinash Ramchandra Rajurkar.
Judge: Age?
Wit: 54 yrs.
Judge: What is your proffesion?
Wit: I am retired  Deputy Police superetendet. I was posted at Paoni as S.D.P.O.
Adv.Khan: When did you take the investigation of the case over to yourself?
Wit: On 9/10/06 , S.P.of Bhandara told me to investigate the crime & then I took over the charge of the investigation..
Adv.Khan:  During the investigation of this crime there were 12 accused including Purushottam Titirmare & Shishupal Dhande.Right?
Wit: yes.
‘Adv.Khan:  On 15/12/06, the police constable, Sonwane seized the clothes of the accused which you deposited by preparing seizure memo.Right?
Wit; yes.
Adv.Khan: That seizure memo bears your signature.Right?
Wit: yes.
Judge: Is the matter true in it ?
Wit: yes.
Adv.Khan: What did you do before this seizure memo?
Wit;On 11/10/06, Forensic experts came to us . They inspected the  seized bullock cart & the spot of the incident.They collected the blood spots on that cart.That blood spots were seized by me & I wrote the seizure memo.That seizure memo is before the court , which bears the signatures of mine & that of Panchas.
Adv.Khan: Then?
Wit: Then they inspected the spot of the incidence .There they collected a cable connector , the broken pieces of red bangles & the blood spots  adhered to the cable connector which were taken in the cotton swabs.I seized  all the articles in front of the panchas & made Panchanama of it.That panchanama bears my signature which is right.
Adv.Khan:  What did you do after that?
Wit: Then  on 17/10/06, the accused Pururshottam Titirmare took out the stick which he had hidden in the fields behind in his house.I recorded his statement before the panchas.. That document bears the Exibit no.103 on which there are signatures of the accsed Prushottam & two Panchas.
Adv.Khan: Then whose statement you recorded?
Wit: I recorded the statements of Sidhhartha Gajbhiye, supplementry statement of Rashtrpal Narnavare & Dinesh Dhande.
Adv.Khan: Then to whom did you hand over the investigations?
Wit: On 8/11/06, I handed over the investigations to Upper Police supretendent of C.I.D., R.N.Deshpande.
Adv.Khan: Did you find during your tenure that the people were killing the suspected thieves.
Wit: No.
(Adv.Khan finishes his examination of the witness, Rajurkar at 4 P.M..Now, the defence lawyer , Adv.Khandewale rises to cross-examine the witness.  )
Adv.Khandewale: When did you took voluntary retirement from service?
Wit: From 11/9/06.
Adv.Khandewale: When did you take over the investigations of the case?
Wit: I recieved the order of S.P. on 8/10/06 ; but I took over the investigations on 9/10/06.
Adv.Khandewale: There were lot of protests against this incident & also against Police.Right?
Wit: It is true that there were protests against the incident.
Adv.Khandewale: Is it true that there were pressure upon you to arrest more of the accused .Right?
Wit: No.
Adv.Khandewale: Is it true that after handing over the investigation on 9/10/06 to C.I.D., because there was more & more demand  coming from the people  to arrest the culprits &  you then to protect the law & order situation ,  arrested 12 accused .Right?
Wit: No , it is false.
Adv.Khandewale: Did you resord any others’ statement apart from Sidhhartha , Rashtrapal & Dinesh Dhande?
Wit : I will have to see the record.
Adv.Khandewale: Did you take the statement of Rajendra Gajbhiye?
Wit: Yes.
Adv.Khandewale: Did you on 24/10/006, record the statement of Rashtrapal Narnavare?
Wit: Yes.
Adv.Khandewale:  Did Rashtrapl tell you that Surekha told him on mobile phone that  12 presons  were going to Kandri on a tractor  to beat Sidhhartha & Rajan Gabhiye?
Wit:  (seing the statement of Rastrapal Naranavare to Andhalgaon police)No.
Adv.Khandewale: Did he tell you that Surekaha told him that due to thaose persons she & her family were in danger of life?
Wit: He told me that Serekha told him that when those person  would come back , there could be danger to their lives.
Adv.Khandewale: Did he tell you that she told him that the family was in danger of life?
Wit: No.
Adv.Khandewale: Did he tell you that he was told by her that when  2-3 days before , she went to the police station of Andhalgaon , she was tol by Bharane police sub-inspector & duputy head of the village that it was not good to go against the wishes of the villagers  & there was  suport to them from M.L.A.’s & M.P.’s?
Wit: No, he did not tell me like this.
Adv.Khandewale: Did he tell you that at the time of taking dead body of Priyanka , they asked P.S.I. Bharane as to what had happened to Surekha , Sudhir & Roshan.P.S.I.  Bharane then told them to come to police station at about 10 to 11 A.M. Then on the next day , he went to police station .Then he asked police station incharge as to what had happened to those 3 pesons.He told them 3 dead bodies were found in the limit of Wadegaon to Shivani.He then went to that place.There he found dead bodies of Surekha , Sudhir & Roshan.Then Bharane & Susatkar came there.They asked him whether he knows those dead persons .He told them that those were dead bodies of  Surekha , Sudhir & Roshan.These dead bodes were kept at he bank of the canal?
Wit: No , he did not.
Adv.Khandewale: Did he tell you that head of Surekha was badly smashed , her blouse was torne.She was wearing blouse & petticoat.There was vest on the dead body of Roshan .His testicles were swollen.There was underwear on the person of dead body of Sudhir.There were marks of injuries on person of all the three dead bodies , caused by sticks & chains .Then those dead bodies were taken to the Govt.Hospital, Mohadi after verification and inquiry . Verification & inquiry means they asked him whether thosee were  dead bodies of those  pesons & he said yes  & therafter they took the dead bodies in a tractor to Mohadi Govt.Hospital .There the postmortems of those dead bodies were made.Then those dead bodies were taken to village Deulgaon and the same were burried there?
Wit: No, he didn not tell me .
 (At this stage the court i adjourned till the next day i.e. 16th January since its working tim is over.) 
 
 



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