Khairlanji: Court Proceedings on 14th March 2008

26Mar08

The court assembles at 11:30 A.M.The next witness , J.F.M.C.(Judicial Magistrate of the First Class)of Mohadi reaches court late . The court statrts working at 12 Noon when he is called in the witness-box to depose.
Judge: What is your name?
Wit; Pradip Ladekar.
Judge: Age?
Wit; 43yrs.
Judge: What is you occupation?
Wit; I am J.F.M.C. now at Yaval Jalgaon district.
(Now, the C.B.I.lawyer Adv.Khan rises to examine the witness)
Adv.Khan: Since from when you are working as J.M.F.C.?
Wit: From 6th August , 2001.
Adv.Khan: During this time , there might have been various occasions to record the statements of the witnesses u/s 164.Right?
Wit: Yes.
Adv.Khan: From 6/12/06 to 18/12/06, you had recorded the statements of 6 witnesses.Right?
Wit; Yes.
Adv.Khan: Why you recorded the statements?
Wit; These  statements were recorded on the application made by C.B.I. to that effect.
Adv.Khan: What was the reason of not recording the statements of witnesses on the same day on which it gave the application?
Wit: (refers the record , but do not answer)
Adv.Khan: When did C.B.I. move application for Mahadev Zanzad?
Wit: On 15/12/06, C.B.I. moved application for the witnesses Mahadev Zanzad, Premlal Walke & Bhagvan Dakhane.
Adv.Khan: When did you record the statement of Mahadev Zanzad?
Wit: I sent an order to C.B.I. on 16/12./06 to present the witness , Mahadev Zanzad before myself. But since I was absent on that day , that case was reffered to Tumsar court. That court directed them to present the witness on 18/12/06 to my court.
Adv.Khan: Did you record the statement of Mahadev Zanzad as per his say?
Wit; I recorded the statement of Mahadev Zanzad on 18/12/06 as per his say. On the same way , I also recorded the statements of Premlal Walke acccording to what he said.
Adv.Khan: (showing him document)Is this the same recorded statement of Mahadev Zanzad?
Wit: Yes.
Adv.Khan: Who wrote it?
Wit: My senior clerk.It bears my signature as well as the signature of  witness, Mahadev Zanzad.
Adv.Khan: Is this statement  recorded as per your direction?
Wit; Yes.
Adv.Khan: Is the foot note as per your instruction?
Wit; Yes.
Adv.Khan: Did you read it over to witness?
Wit: After  dictating  the foot note , I gave it to the witness for reading , then it was read by my clerk  over to him.Then the witness signed on it.Thereafter I signed on it.
Adv.Khan: Did you administer the oath of truth?
Wit: Yes.
Adv.Khan: Was the statement recorded in the open court & whether there were persons sitting in the court ?
Wit; It was open court and barring advocates all the persons connected with the case & all the investigation officers of C.B.I.  were asked to go out .
Adv.Khan: Did you put restriction on other persons than C.B.I.?
Wit: No, there were hundreds of people coming in & out of the court.
Adv.Khan: Did you follow the routine procedure in recording the statements?
Wit: Yes, except in case the witness is unable to read & write . In that case , I myself read out the statement to the witness & write the footnote myself.
Adv.Khan:  Did Mahadev tell you that since he had gone to his sister’s house in Nagpur , he did not know whether there was clash between Sakru & Sidhhartha?
Wit:  I wrote exactly what Mahadev Zanzad told me.
Adv.Khan: Did you also record the statement of Mahadev Zanzad as per his say?
Wit: Yes. It bears mine & witnesse’s signature.
Adv.Khan: Did you on 15/12/06  record the statement of Dinesh Dhande  & Anil  Chirkut Lede, too?
Wit: On that day I recorded the statement of three witnesses namely , Dinesh Dhande, Suresh Khandate & Anil Chirkut Lede .
Adv.Khan: Those statements of the witnesses you wrote as per their say.Right?
Wit: Yes.
Adv.Khan: Did you read those over to them?
Wit: Yes.
Adv.Khan: When did you record the statement of Mukesh Pusam?
Wit; On 11/12/06.
Adv.Khan:  Did you feel any pressure from C.B.I. , Dalit organisations , Political persons or other people ?
Wit: There was no sort of any pressure by anybody.
(Adv.Khan finshes his examination . Now , the defence lawyer Adv.Khandewale rises to cross-examine the witness)
Adv.Khandewale: Sir, I will start with Mukesh Pusam. Did you record the portion marked as ‘A’ ‘B’ C’ as per his say?
Wit: Yes.
Adv.Khandewale: Did Mukesh tell you that Jagdish shouted to Surekha that she told their names to Sidhhartha Gajhiye & got lodged  complaint to the police?
Wit: He did not say that she got Sidhhartha Gajbhiye to lodge complaint to police.
Adv.Khandewale: Did he tell you that Surekha ran towards the compound behind her house which is in the direction opposite to the road?
Wit: He said that she ran towards behind her house. He did not say literally the word compound which is in the direction opposite to the road.
Adv.Khandewale: Did he tell you that some persons hit Surekha by the blows of hands & feets & some by cycle chain & sticks and she was beaten on legs , hands & the back?
Wit: He did not mention on what of the body she was beaten up.
Adv.Khandewale: Mr.Ladekar , did he tell you that  accused Jagdish , Ramu, Prabhakar, Gopal , Shatrughana , Sakru & Vishvanath chased Roshan ?
Wit: (with displeasure) It is not right to call me by mentioning my name.I am deposing here not in my personal capacity , but in official capacity .
Adv.Khandewale:  Sorry, I tender my apology.
Wit: Now, repeat the question.
(Adv.Khandewale repeats the question)
Wit; Mukesh told me that Shatrughan , Sakru & other five persons which he had already reffered  , asked him (Roshan ) not to run on which he stopped.Then those people ran towards him.That means all the names were uttered by him. The next para as well in this related para Mukesh had said that Shatrughna, Jagdish & other 5 persons then chased Roshan. It so follows that he had mentioned names of everybody.
Adv.Khandewale: Did he say that when Roshan was beaten up by the assailants, he was shouting as to what wrong he had done to them ,but no efffect it had upon them?
Wit: He did not precisely say that it had no effect  upon them , but he said that but in spite of that they ran after him.
Adv.Khandewale: Did he tell you that then they searched for Priyanka?
Wit: He told me that he heard the shouts of as to  where the girl was.
Adv.Khandewale: Did he tell you that Priyanka was crying”Aai ga Meli ga”(oh, mother I  died)?
Wit: He told me that Priyanka cried”Aga Maa Va”(Oh mother).
Adv.Khandewale: Did he tell you that when Roshan was dragged to the other 3 dead bodies , he was alive & screaming as ‘save , save’?
Wit: He said that when all the dead bodies were brought together , he was wathing that from the distance of about  8 feets then he heard Roshan was  crying”Are Baap Re, Maa va”(Oh father , oh mother).He did not precisely said that Roshan was shouting as ‘save, save’.
Adv.Khandewale: Did he tell you that Ramu gave threat that if anyboby told about it , he/she would meet the same fate as they have done to those 4 persons?
Wit: It was not Ramu , but Jagdish was giving such threat.
Adv.Khandewale: Did he tell you that there is the distance of around 10-15 feets between his  & Bhotmange’s house.
Wit:  Yes, he did tell in the begining itself.
Adv.Khandewale:  Sir,  questions about Mukesh Pusam’s statement are over . Now, I would like to ask about Suresh Khandate’s statement. Tell me, did  he tell you that he heard  Jagdish Mandalekar’s voice who was saying to search the other memers of the house & to kill them?
Wit: No he didn’t tell.
Adv.Khandewale: Did he tell you that then all the accused searched for Roshan?
Wit: Suresh Khandate did not specifically told me so , but he did tell me that the accused were searching for the  other members of the family.
Adv.Khandewale: Did he tell you that Shatrughna beat Roshan by cycle chain?
Wit; No, he didn’t.
Adv.Khandewale: Did he tell you that accused Shishupal by cycle chain, Sakru , Jagdish & Ramu by sticks &  Gopal & Prabhakar by blows of hands & feets , beat Surekha & killed her?
Wit: He told me that Jagdish by chain & Vishvanath by stick on her back beat her.Other names are not there.
Adv.Khandewale: Did he tell you that Jagdish Mandalekar & Vishvanath Dhande said  to banish the Mahar Caste people?
Wit: No, he didn’t.
Adv.Khandewale: Did he tell you that Surekha came out of her with burning stick & gave fire to the hut near her house?
Wit: He told me that Surekha came out of her house , but he did not tell me that she came out with the burning stick & then gave fire to the nearby hut.
Adv.Khandewale: Did he tell you that all the accused ran after Surekha?
Wit: He told me that Jagdish , Shatrughna ,  Prabha , Ramu & Vishvanath ran after her but did not prcisely said ‘all the accused’.
Adv.Khandewale: Did he tell you that after killing Surekha all the accused were saying as to where were the other members of the family, to search them & to  kill them too?
Wit;    He did not explicitly said so , but he said that after killing Surekha & Sudhir , those persons were searching for the other members of the family.
Adv.Khandewale: Did he tell you that that  he saw  the incident by standing on the  mound over the sewage canal of his house?
Wit: No, he did not tell.
Adv.Khandewale: Did he tell you that Ramu & Shatrughna dragged the dead body of Roshan & Shatrughan dragged the dead body of Priyanka to the other dead bodies?
Wit: He did not specifically mentioned so , but he maid general statement that accused dragged the dead bodies of Surekha & Priyanka to where the dead body of Roshan was lying.
Adv.Khandewale: Now sir, about the statement of Dinesh Dhande. You have said that you recorded the statement of six witnesses . My question is that as the court was a open court , was there  coming in  & going out of the court  of the people as always?
Wit: No.I had already restrained C.B.I. persons not  to enter the courtroom at  that time.
Adv.Khandewale: But is my assertion right that other persons were not prevented to enter the courtroom?
Wit; Yes.
Adv.Khandewale: Sir , can you tell with confidence that you know all the C.B.I.presonnels by their faces?
Wit: I asked the C.B.I. personnels who were with the accused to go out of the court.
Adv.Khandewale: When you took the statements , the witness was standing in the witness-box & you were sitting as the Hon.Judge is sitting now.Right?
Wit: Yes.’
Adv.Khandewale: When you took statement in the Bhandara court , witness could see outside since the witness box was in opposite to the door of the courtroom.Right?
Wit: No, false.
Adv.Khandewale: Is it right that when C.B.I. submitted  the application on 11/12/06 , no witness was examined on that same day?
Wit: No, their examination was to be on 13/12/06, but C.B.I.took the adjournment .Then on 15/12/06, their statement was recorded u/s 164.
Adv.Khandewale: Is it true that C.B.I.did not submit any application for recording of statement of witnesses before 11/12/06?
Wit; Yes, true.
Adv.Khandewale: Did you ask them whose pressure was upon them?
Wit: It is presumed that after administration of oath u/s 164 , the witness speaks the truth.So it is not needed to inqure  under whose pressure he/she was making the statement.
Adv.Khandewale: Did you scribe from the witness with his signature that he has read the statement himself & the statement was read over to him & it was written correctly? 
Wit:No,
(Adv.Khandewale finshes his examination of the witness at 6 P.M.Now, the P.P. Adv.Khan request the court to allow him to ask a question as whether he clarified from the witness about the statement or  he  merely recorded what was told by the witness.But first the defence side object but then relent after Hon.Judge gives permission  to such re-examination.)
Adv.Khan: Did you ask any proactive question to the witness such as who those 2-3 persons chasing Surekha  or who was the girl?
Wit: The  statement recorded u/s 164 is very important document on  which the superiour courts rely.I know my responsibility & I did my job with diligence.
Adv.Khan: Mr.Ladekar, I am practising lawyer from last 25 years , I have book before me .Don’t teach me the the law.Give the straightforward answer to my question!
Wit:(taking a long pause)In the  statement of Mahadev Zanzad  some persons chased can be made clear by refering the whole statement . So, I did not explicitally asked about who those 2-3 persons were chasing  since it is self-explanatory.
(The court is adjourned till the next date i.e.15th March)  



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