Khairlanji: Court Proceedings on 16th Jan2008

21Mar08

                                
The court assembles at 11:15 A.M.At 11:40, the preceeding day’s witness , Rajurkar is called again in hte witness-box to depose.Adv.Khandewale continues his cross-examination.
Adv.Khandewale: How many statements you had recorded of the witness , Dinesh Dhande after taking over the investigations ?
Wit: Only one and that was on 29/10/06.
Adv.Khandewale: Did you record it as per his say?
Wit; Yes.
Adv.Khandewale: Did he tell you that from the terrace of his house , he saw some males & females attacking the house of Surekha Bhotmange?
Wit:No,he did not.
Adv.Khandewale:Did he also tell you that Surekha & her children were  being beaten & they were screaming to save them ?
Wit: No, he did not.
Adv.Khandewale: Do you know Dinesh from the begining?
Wit:No.
Adv.Khandewale: Am I right to say that Dinesh’s father Karu Dhande too was arrested for this crime?
Wit: Yes.
Adv.Khandewale: Dinesh Dhande’s statement was recorded when his father was in prison.Right?
Wit; No.
Adv.Khandewale: Is it right that Dinseh Dhande’s statement was not recorded in Khairlanji?
Wit: Yes, it was done in Mohadi.
Adv.Khandewale: Did you take Dinsh for the identification of the accused in jail?
Wit: No.
Adv.Khandewale: After the incidence when the investigations were handed to you, did you notice that Sidhhartha & Rajan Gajbhiye were absconding from their village?
Wit:No, I  did not notice.
Adv.Khandewale: Is it right that Sidhhartha Gajbhiye’s statement was recorded in Bhandara?
Wit: Yes.
Adv.Khandewale: You did not seized any of the clothes of the deceased . Right?
Wit: No, it is false.
Adv.Khandewale: In the same way  was the cable connector , pieces of broken red bangles & the blood spots were not seized before you .Right?
Wit: No , it is false.
Adv.Khandewale: You did not investigate the crime well, there were protests from the people , so the investigations were withdrawn from you  & handed over to C.I.D. on 8/11/06.Rigth?
Wit: No, it is false.
(Adv.Khandewale finishes his cross-examination.Now , another defence lawyer, Adv.Bedarkar rises to cross-examine the witness)
Adv.Bedarkar: How did you approach village Khairlanji?
Wit: I went to Khairlanji for investigations.For that I first went to Mohadi & thence to Khairlanji via Chicholi village.
Adv.Bedarkar: Did the villagers in Khairlanji ask for you protection?
Wit: No.
Adv.Bedarkar: Were those were provided with security before  taking of the investgations to yourself?
Wit: I don’t know.
Adv.Bedarkar: Was Bhaiyyalal Bhotmange provided with the security before your taking of the investigations?
Wit: Yes.
Adv.Bedarkar:: Which other person had been provided with  the police protection ?
Wit; I don’t remember.
Adv.Bedarkar:: When you were doing investigations , was anybody coming forward himself to give witness or to stand as Pancha?
Wit: No.
Adv.Bedarkar:Khairlanji is 2-3 kms from village Chicholi.Right?
Wit: Yes.
Adv.Bedarkar:On the diversion road to Khairlanji from Chicholi , there is the house of Prushottam Titirmare.Right?
Wit: Yes.
Adv.Bedarkar: The parents of Purushottam Titirmare live in Khairlanji.Right?
Wit: It did not come to my notice. I know  that Prushottam Titirmare has one house in Khairlanjj.
Adv.Bedarkar: Did you raid the house of Titirmare’s house in Khairlnji?
Wit: No.
Adv.Bedarkar:Did it ever happen that on the way to Khairlnji, you stopped at the house of Purushottam Titirare in Chicholi?
Wit: No.
Adv.Bedarkar:You instigated Purushttam Titirmare  to depose against the villagers of Khairanji.Right?
Wit: No.
Adv.Bedarkar: He did not relent , so you made him the accused.Right?
Wit;No, it is false.
Adv.Bedarkar: After arresting him, you brought him in the rest house of Mohadi.Right?
Wit: I don’t remember.
Adv.Bedarkar:On 17/10/06, you terrified him & took his signature on a blank paper.Right?
Wit: No, it is false.
Adv.Bedarkar:Purushottam Titirmare did not produce any stick & did not make any statement before the panchas.Right?
Wit: No, it is false.
Adv.Bedarkar: The panchas , Shivlal Galbale & Madhukar Bokade always keep their presence in front of the police station.Right?
Wit: I don’t know.
Adv.Bedarkar: After the noon of 17/10/06, you took Purushottam Titirmare to village Khairlnji.Right?
Wit: Yes.
Adv.Bedarkar:Then you sent one policeman inside the house of Purushottam Titirmare.Right?
Wit; No.
Adv.Bedarkar: Then that policeman brought up a stick which was shown to you in the office of Gram Panchayat. Then you seized that stick .Right?
Wit: No.
Adv.Bedarkar:Then you took the signature of Purushottam Titirmare in the Gram Panchayat Office.Right?
Wit; No.’
Adv.Bedarkar: You did not go into the house of Purushottam Titirmare in Khairlanji.Right?
Wit: No, it is false I did go .
Adv.Bedarkar: The sticks similiar to the stick that you seized are available plenty in number in the village.Right?
Wit: No, it is false.
Adv.Bedarkar: When you went to Khairlnji, Prushottam Titirmare & Police sub-inspector Pratite were with you .Right?
Wit: Yes.
Adv.Bedarkar: Is it true that Pratite & a police constable both together produced the stick from the house of Prushottam?
Wit: No, it is not true.
Adv.Bedarkar:  My assertion is that you did not give any written orders to  raid the house of Titirmare in Khairlnaji?
Wit:I did give.
(Adv.Bedarkar finishes his cross-examnation at 1:10 P.M.Now, the next witness P.S.I. Pratite is called in the witness-box to depose. Adv.Khan is there is examine him.)
Judge: What is you name?
Wit: Dilipkumar Pratite.
Judge: Waht is your age?
Wit : 50 yrs.
Judge: What is your designation?
Wit; I am in local crime branch.
Adv.Khan: Where were you in the month of octomber 2006?
Wit: I was posted to the special squad of S.P. office Bhandara.
Adv.Khan: When you were deputed for the investigations of this crime?
Wit: On 11/10/06, I was deputed to assist S.D.P.O. ,  Mr.Rajurkar by the order of S.P. of Bhandara.
Adv.Khan:   What assistance you provided?
Wit: On 15/10/06, Mr.Rajurkar gave me wriiten orders to  seize the clothes of accused Prurshottam Titirmare & Shishupal Dhande from their respective houses.
Adv.Khan: Then what did you do?
Wit; According to his orders , I took Prushottam Titirmare , Shishupal Dahnde & Panchas to Khairlanji.
Adv.Khan: What did you do after reaching Khairlanji?
Wit: I went to the house of Shishupal Dhande . There he produced his clothes in front of the panchas. I seized those clothes. I wrote the seizure memo  before the Panchas.
Adv.Khan: Does that seizure memo bears the signature of your’s , Shishupal’s & that of  Panchas ?
Wit: Yes.
Adv.Khan: : Then what did d you do?
Wit: Then we went to the house of Prushottam Titiramre in Chicholi. There he brought one safari shirt & a trouser .I seized that & wrote the seizure memo.
Adv.Khan: Then?
Wit; Then  I gave those seized clothes to Rajurkar.
(Adv.Khan finishes his examination at 1:30 P.M.Now, the defence lawyer,Adv.Lakhanilar  rises to cross-examine the witness)
Adv.Lakhanikar: How did you call the Panchas?
Wit: Those Panchas met me near the police station , so I called them.
Adv.Lakhanikar: My assertion is that you did not seize any of the clothes of Shishupal Dhande.
Wit: It is wrong.
Adv.Lakhanikar: You did not took any of the Panchas with you.Right?
Wit: No , it is false.
Adv.Lakhanikar: These Panchas are your regular Panchas.Right?
Wit; This is not right.
Adv.Lakhanikar: You have made the false panchnama.Right?
Wit; This is not right.
(Adv.Lakhanikar finishes his cross-examination . Now, another defence lawyer , Adv.Bedarkar rises to cross-examine the witness)
Adv.Bedarkar: When you received the written order from Rajurkar , you with him went to Khairlanji.Right?
Wit; No.
Adv.Bedarkar: Pancha Inwate met you in front of Bank of India.Right?
Wit: No.’
Adv.Bedarkar:That fellow,Ganesh Inwate is Police Patil.Right?
Wit: I don’t know.
Adv.Bedarkar: Omprakash  Nimje was also with him.
Wit: I don’t know.
Adv.Bedarkar: You said to Panchas to be present for the seizure of clothes as Panchas.Right?
Wit : Yes.
Adv.Bedarkar: These two Panchas came to the Police station with you.Right?
Wit: Yes.
Adv.Bedarkar: Omprakash Nimje is the regular Panch of Police.Right?
Wit: I don’t know.
Adv.Bedarkar: You took the signatures of the Panchas in the Police station of Andhalgaon.You did not take them to Khairlanji & Chicholi.Right?
Wit: No, it is false.
Adv.Bedarkar: Where were you on 16/10/06?
Wit: I don’t remember.
Adv.Bedarkar: You were in the police station of Khairlanji on 17/10/06.Right?
Wit: I had gone to village Khairlanji with Rajurkar.
Adv.Bedarkar: Who were with you on that day?
 (But Hon.Judge refuses to record the question since Adv.Bedarkar is unable to explain the purpose behind the question. And asks whether it is only to test the memory of the witness.So, he moves to the next question.)
Adv.Bedarkar: Did you take the Panchas with  you  to Khairlanji  on 17/10/06?
Wit: I on 17/10/06, went to Khairlanji with accused Titirmare , Rajurkar & Panchas.
Adv.Bedarkar: Were there police too with you?
Wit; Yes.
Adv.Bedarkar: You then stopped at Gram Panvhayat in Khairlanji.Right?
Wit: yes.
Adv.Bedarkar:  You went to Gram Panchayat for writting purpose.Right?
Wit; This is not true.
Adv.Bedarkar: You had send the policeman to Gram Panchayat to bring something.Right?
Wit: This is not right.
Adv.Bedarkar:Then  you seized the stick in Gram Panchayat. Right?
Wit: It is not right.
(Adv.Bedarkar finshes his cross-examination 2 P.M..The court is adjourned for the Lunch break till 3 P.M.)
(After the Lunch Break the next witness Vijay Baburao Nimje is called in the winess – box to depose. Adv.Khan is there to examine him.)
Judge: What is your name?
Wit:Vijay Baburao Nimje.
Judge: Age?
Wit; 42 yrs.
Judge: What do you do?
Wit: I am  police inspector  on special duty in C.B.I.
Adv.Khan: You were working in Special Crime Branch in Nagpur in December 2006.Right?
Wit:yes.
Adv.Khan:  That time  you were given orders from the Delhi head quarters to assist in the investigations of the crime no.RC1/2006/SCB/Chennai in Khairlanji massacre.Right?
Wit: Yes.
Adv.Khan: Then what did you do?
Wit: Then on 2nd December , 2006,  I made my presence before N.K.Sharma in C.B.I. camp in Bhandara.
Adv.Khan: What did you do in investigations?
Wit: On 5/2/06, I recorded the statement of Suresh Khandate. I also recorded statements of Hemant  Umesh  Khandate  on 9/12/06, Mahadev Zanzad on 13/12/06 & Bhaiyyalal Bhotmange on 22/12/06 .
Adv.Khan: Did you record the statements of Mahadev Zanzad as per his say?
Wit; Yes.
(Adv.Khan finishes his examiantion .Now , Adv.Khandewale rises to cross-examine the witness)
Adv.Khandewale: All the statements you recorded in Bhandara  camp.Right?
Wit: No ,  I had recorded them in different places. Mahadev Zazad’s statement was recorded in Mohadi.Vinaykumar recorded the statements of Premalal Walke in Mohadi.
Adv.Khandewale: You were not present there.You just signed on the document.Right?
Wit: I was persent there.But the reason of my signature is not that of my prsence there.
Adv.Khandewale: You on 5/12/06, took Suresh Khandate to Mohadi  to record his statement.Right?
Wit: We went to Mohadi & called Suresh Khandate there.
Adv.Khandewale: Did Suresh Khandate in his statement said that , Jagdish Mandalekar was shouting as to where were the other persons from house, to find them & kill them as well?
Wit: He told Jagdish was shouting , did not tell about to find the people from house & to kill them.
Adv.Khandewale: Did he tell you that the place from where Surekha was shouting was of the hand-pump?
Wit; Suresh did not tell me such place.
Adv.Khandewale: Did Suresh Khandate tell you that Shatrughna & Shishupal beat surekha by cycle chain?
Wit:No, he did not tell.
Adv.Khandewale: Did you tell that Sudhir came out of his house & was standing on the road?
Wit: No, he did not .
Adv.Khandewale: Did he tell that Sudhir was caught in front of a house?
Wit;: No. he did not .
Adv.Khandewale: did he tell you that all accused beat sudhir by cycle  chains & sticks ?
Wit:no, he did not tell.
(The court is adjourned till the next day i.e.17th January since its working time is over) 
   



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