Khairlanji: Court Proceedings on 5th Feb 2008

24Mar08

The court assembles at 11:00A.M.The next witness No.30 is called in the witness-box to depose. prosecution.
Judge: Your name?
Wit: My name is Nareshkumar  Nathuram Sharma.
Judge: Age?
Wit: 54 years
Judge: What is your occupation?
Wit: I am  Addl. S.P. of Police of CBI.
udge: Where do you live?
Wit:  Gudgaon Tah.  Gudgaon  Distt.  Gudgaon (Haryana.)
(Now , the special Public prosecutor Adv.Ujwal Nikam rises to examine the witness)
Adv.Nikam : Since from when you are working in C.B.I.?
Wit: I worked as Dy. S.P. in CBI from 1994 to 20th December 2007.From 20.12.2007, I am working as Additional S.P. in CBI on request of Govt. of Maharashtra.
Adv.Nikam :When did C.B.I. take over the investigation?
Wit:  CBI took investigation of this crime from  28.11.2006.
Adv.Nikam : Why did C.B.I.took over the investigation?
Wit: Govt. of Maharashtra vide their notification dated 20.11.2006. requested Govt. of India for CBI investigation of this Crime No. 56/2006.
Adv.Nikam : What did you do first after taking over the investigation of this crime?
Wit: We registered the crime vide regular case no. 11/S/2006.
Adv.Nikam : Where was it registered?
Wit: This crime was registered by Special Crime Branch of CBI at chennai.
Adv.Nikam : (showing a paper)Is it the same F.I.R. that you registered in Chennai?
Wit: Yes.
Adv.Nikam : Is it your signature?
Wit: Yes.
Adv.Nikam : With what it is enclosed?
Wit: It is enclosed with Govt. of Maharashtra and Govt. of India which are part and parcel of our FIR.
Adv.Nikam : How  was the F.I.R. recorded?
Wit: It was recorded as per original FIR No. 56/2006 of police station Andhalgaon.It is marked as Exh. 247.
Adv.Nikam : Then?
Wit; Then on 1.12.2006, I along with S.P. of CBI Chennai Branch came to Bhandara.On the same day I visited village Khairlanji and inspected the scene of crime.Then I collected investigation papers of this crime from CID Maharashtra.
Adv.Nikam : Are you acquinted with Marathi language?
Wit: I do not know Marathi language and therefore on my request head office sent some other investigation officer from Bombay,Nagpur and chennai.
Adv.Nikam : Then?
Wit:Then I distributed different offficers and monitered the investigation.Then I decided that potential witness should be sent before Court for recording of their u/s 164 Cr.P.C. so that they can make statements freely and voluntarily to the Court also.Then I sent applications to Mohali Court for recording of statements of Mukesh Pusam,Suresh Khandate,Anil Lede,Dinesh Dhande,Mahadeo Zanzad and Premlal Walke.Thereafter I entrusted the investigation to Dy.S.P. of CBI, Shri Nandkumar.
(Adv.Nikam finishes his examination of the witness.Now, Sudip Jaiswal Adv. fo accused nos.1,2,8 and 9 rises to cross-examinethe witness.)
Adv. Jaiswal: Is it true to say that translation of FIR No. 56/2006 was made by a translator from Marathi toEnglish.?
Wit: Yes.
Adv. Jaiswal: This translated English copy of Marathi FIR was given to you by Govt. of Maharashtra.Right?
Wit: Yes.
Adv. Jaiswal: As the Govt. of Maharashtra gave you this copy, you registered the crime on that basis by incorporating contents of that copy as it is in your FIR.Right?
Wit: Yes.
Adv. Jaiswal: Since you do not know Marathi , you were provided with the english version of the F.I.R. by the police at the time of registratin of the crime.Right?
Wit:  At the time of registration of crime,we were also given Marathi copy of Crime No. 56/2006.
Adv. Jaiswal: Is it true to say that some of the CBI officers know Marathi reading,writing and their origin are from Maharashtra?
Wit; Yes.
Adv. Jaiswal: According to you , what stumps mean?
Wit:According to me, stumps means 3 wooden logs used in cricket.
Adv. Jaiswal: Do you know the meaning of Kathi(stick)?
Wit; Yes.I know the meaning of’ Kathi’.
Adv. Jaiswal: Do you know what is called Lathi & Kathi in Marathi language?
Wit: I know that the Marathi word Lathi and Kathi is called as stick in English.
Adv. Jaiswal: Since there is reference in F.I.R.  that the villagers of Khairlanji wanted to wipe up families of Mahar caste people from that village, did you make any enquiry about it from other Mahar caste families of that village?
Wit: No, I didn’t.
Adv. Jaiswal: Did you take entry for visiting Khairlanji?
Wit: At chennai I have taken entry for visiting the place of incident at Khairlanji for investigation of this crime.
Adv. Jaiswal: Did you give any copy of such entry Shri. Nandakumar when you handed over the investigation to him?
Wit; No.
Adv. Jaiswal: Did you ask  any of officers to compare original FIR of crime No. 56/2006 with English translated copy?
Wit: No, I didn’t.
Adv. Jaiswal: Is it true to say that at the time of recording of statement of Anil Lede and Dinesh Dhande,their relatives were in jail regarding this crime?
Wit: Yes.
Adv. Jaiswal: You have used your position as CBI officer and by showing fear,by giving inducement,by giving bribe and by exerting your undue influence on the witnesses,you got recorded their statements as per your wishes before Judicial Magistrate. Right?
Wit: No, it is false.
Adv. Jaiswal: You to oblige local leaders and ministers of Maharashtra, got recorded statements of some witnesses and falsely implicated the accused. Right?
Wit;No, it is not right.
Adv. Jaiswal: You did not  monitor investigation made by your officers. Right?
Wit; No, it is false.
(Adv.Jaiswal finishes his cross-examination of the witness.Since the other defence lawyers decline to cross-examine the witness, the court is adjourned till the next day i.e. 6 th February)



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