Khairlanji: Court Proceedings on 17th Jan2008


The court begins its work at 12 Noon.Adv.Khandewale is ready to  continue to cross-examine the last witness, C.B.I.’s investigation officer , Vijay Nimje.
Adv.Khandewale: You had your camp in Bhandara which was the head office of C.B.I.where all the important documents were  used to be kept.Right?
Wit: Yes.
Adv.Khandewale: That camp is still there.Right?
Wit: Yes.
Adv.Khandewale: You used to bring the witnesses to Bhandara & drop them to their places .Right?
Wit: I recorded the statements in Mohadi.
Adv.Khandewale: Did you notice that some of the people from society were dissatisfied with the investigations?
Wit: I learnt that from newspaper.
Adv.Khandewale: They were demanding that the true accused must be nabbed.Right?
Wit: It was used to be written in the newspaper.
Adv.Khandewale: Is it true when C.B.I.took over the investigations of the crime , it did not arrest any new accused?
Wit; I don’t know.
Adv.Khandewale: My assertion is that  you took forcible statement of Suresh Khandate by  offering him service, land  & house .Right?
Wit: No, it is false.
Adv.Khandewale: C.B.I. sent a proposal to Maharashtra Government to rehabilitate Suresh Khandate . Right?
Wit: It is false.
Adv.Khandewale: You recorded his false statement by offering him rehabilitation.Right?
Wit: It is false.
(At this juncture , Adv.Khandewale produces a document pertaining to the rehabilatation of Sursh Khandate & Mukesh Pusam by the collectorate of Bhandara.But Adv.Khan ojbests to furninshing the document at this stage taking the witness by surprise which bears no direct relation with him.Hon.Judge comments that it has nothing to do with discrediting the witness & separate application should be filed to produce it as a defence document in the court.Adv.Khandewale oblidges & continue his cross-examination of the witness)
Adv.Khandewale: Are you still working in Bhandara camp?
Wit: I am not now working in the Bhandara camp.
Adv.Khandewale: Were you present in Bhandara on 7/7/07?
Wit: I wasn’t.
Adv.Khandewale: On 7/7//07, Suresh Khandate send an affidavit to the Maharashtra Government in which it is said that he should be rehabilitated by providing him with land & the fields.Do you know about it?
Wit: No.I don’t know.
Adv.Khandewale: Do you know that Social Welfare Officer of Bhandara sent a letter  to collector that C.B.I. had send him a praposal to rehabilitate Suresh Khandate?
Wit:  I don’t know.
Adv.Khandewale: Rehabilitation is done only for the natural calamity affected persons.Right?
Wit: I don’t know.
Adv.Khandewale: Do you know that there is no provision in law to rehabilate the witness?
Wit: I don’t know.
Adv.Khandewale: Did Social Welfare Officer on 2/11/07 conveyed to the collector that Surehs Khandate , Mukesh Pusam demanded 10 Lac ruppes in cash in place of land , house or the fields?
Wit: I don’t  know about this.
Adv.Khandewale: You did not show the articles to Bhaiyyalal Bhotmange kept in a sack which belonged to Sureka Bhotmange on 22/2/007.Rigth?
Wit; It is false.
Adv.Khandewale: My assertion is that by threatening them & by alluring them , you recorded their false statement.Right?
Wit: It is false.
(Adv.Khandewale finishes his cross-examination at 12:40 P.M.Now , the next witness Vithhal Yashvant Dhage is called in the witness-box to depose. Adv.Khan is ready to examine the winess.)
Judge: What is your name?
Wit: Vithhal Yashvant Dhage.
Judge: Age?
Wit: 57 yrs.
Judge: What is your designation ?
Wit: I am Police Inspector in C.B.I.
Adv.Khan: You were working in Special Crime Branch of C.I.B. in Mumbai in December 2006.Right?
Wit: Yes.
Adv.Khan: As per the order of the Central Office of C.B.I. , you attended the in Bhadara on 1/12/06 .Right?
Wit: Yes.
Adv.Khan: When you were relieved from Bhandara camp?
Wit: I was relieved from Bhandara Camp on 27/12/06.
Adv.Khan: You were send to assist in the  investigation of crime no.RC/1/2006/SCB/CBI Right?
Wit: Yes.
Adv.Khan: During the investigations in this crime you recorded the statements of Sidhhartha Gajbhiye , Yadnapal Khobragade, Anil Chircut Lede & Mukesh Pusam.Right?
Wit; Yes.
Adv.Khan: You recorded the statement of Sidhhartha Gajbhiye at Bhandara & the statements of  Yadnapal Khobragade, Anil Chircut Lede & Mukesh Pusam were recorded in Mohadi.Right?
Wit: Yes.
Adv.Khan:  You then submitted all these recorded statemnts in Bhandara Camp.Right?
Wit: Yes.
Adv.Khan: You recorded their statemnts as per their say.Right?
Wit; Yes.
Adv.Khan:  (showing the papers) Whose these two statements are?
Wit; Both are of Yadnapal Khobragade.Article ‘A’ is the original statement & article ‘B’ is the photocopy of another statement.
Adv.Khan: Why did you record two statements?
Wit; I first  recorded his first statement & then I read it over to him.Then the witness said that he wanted to tell more about the family.So, I recorded his another statement.
Adv.Khan: What he told in extra detail in the second statement was contained in his first statement & there is not much difference between those two.Right?
Wit; Yes.’
Adv.Khan: How did it creep into the charesheet?
Wit; The recorded statements of him were handled by various C.B.I.officials .Therefore the original copy could not be brought before the court , but its photocopy was given to both parties in the court.
Adv.Khan: Did you file the chargesheet?
Wit; No.
Adv.Khan: Except recording these four statements , did you do anything concerning the investigations?
Wit: No.
(Adv.Khan finishes his examination of the witness.Since the defence lawyer Adv.Jaiswal is absent , his clients are asked whether they would like to cross-examine the witness.They decline.Now, another defence lawyer , Adv.Khandewale rises to cross-examine the witness)
Adv.Khandewale: You brought Sidhhartha Gajbhiye to Bhandara to record his statements.Right?
Wit:  I sent a message to him & he came to Bhandara.
Adv.Khandewale: He came to Bhandara with your men?
Wit: I don’t know.
Adv.Khandewale:  When Anil Lede was arrested, his brother , Sunil Lede was in prison.Right?
Wit: I don’t know.
(The court is adjourned till the next date i.e.22nd January as it was granted by Hon.Judge that since there are lot of contradictions in the witnesse’s statment , Adv.Khandewale would write those together in a floppy & submitt it before the court to save its time.)

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