Khairlanji: Court Proceedings on 17th March 2008

26Mar08

     The court assembles at 11:30 A.M.In the beginging C.B.I. counsol Adv.Khan opens discussion on the question of examination of the witness.He requests the court that since the court has allowed the recall & cross-examination of the witnesses, Mukesh Pusam & Suresh Khandate , he be allowed to re-examine these witnesses.Hon.Judge hears both the sides & orders that since there is no objection from the defence side against the re-examination of the recalled witnesses ,the prosecution is allowed to do the same.Now, first the prime eye-witness in Khairlanji , Mukesh Pusam is called in the witness-box.Adv.Khan is ready to re-examine him.
Adv.Khan:Did you make an application to the collector of Bhandara district requesting him to rehabilate you?
Wit: Yes.
Adv.Khan:Why you made such an application?
Wit: Because there was imminent danger from the relatives of the accused to mine &  to my family’s life.
Adv.Khan: How many days after  deposing in the court , you submitted the application ?
Wit; I don’t remember. But 15-20 days after the deposition I made such application.
Adv.Khan: Those people came when you gave the application.What did they do?
Wit: I don’t remember.
Adv.Khan:What work did they do?
Wit: The collector’s people showed me the cultivable  land , but I did not like it.After that I tired of going to the collector frequently.
Adv.Khan:Then?
Wit: Thereafter they asked me to give that application to the Social Welfare Officer.
Adv.Khan: (showing a paper)Is this the same application?
Wit: Yes.
Adv.Khan: What did he say?
Wit: He said that instead of wandering here & there in search of the land , deamand 10 Lacs rupees.Then he asked me to make the application to that effect.
Adv.Khan:(showing a paper)Is this the same application?
Wit: Yes.
Adv.Khan: Did you tell the Magistrate , Mr.Ladekar that there was the danger to your life?
Adv.Khan: What did he say then?
Wit: I don’t remember.
Adv.Khan:To whose life the danger is ?
Wit: To mine & my family’s life & all.
Adv.Khan: But from that time you are given the body guard .Right?
Wit:Yes.
Adv.Khan:Have you brought the application that you gave to the collector?
Wit; yes.
(Witness produces the document & submits to the court.)
Adv.Khan: Is there any other  reason behind your application apart from the danger to the life?
Wit: I gave application only because of danger to the life.
Adv.Khan: (showing him another application)Are its contents correct?
Wit: Yes.
(Adv.Khan finishes his examination . Hon.Judge asks accused no.s 1, 2, 8 & 9 whether they would cross-examine the witness since their counsol Adv.Jaiswal is absent.They all decline.Now, another defence lawyer Adv.Khandewale rises to cross-examine the witness.)
Adv.Khandewale: Mukesh , is the date & place written in the application is correct  when you submitted the document ?
Wit: Yes.     
Adv.Khandewale: How many persons in the Khairlanji have computers ?
Wit: Nobody.
Adv.Khandewale: Is it right that except Mohadi or Bhandara , there is no computer nearby?
Wit: There are computers in Andhalgaon.
Adv.Khandewale: After submitting any application to the officer , you have to take the receipt of that.Right?
Wit:Yes.
Adv.Khandewale: Do you have the receipt of the application of the collector?
Wit: No.
Adv.Khandewale: Mukesh , in the election of 2007……
Judge: (intevening)The questions pertaining  only to the document  you submitted in this court are to be allowed.All other questions are disallowed. 
Adv.Khandewale:  You just told that by giving application to the collector , you petitioned him  that instead of giving agricultural land etc. , 10 Lacs rupees be given to you and you will see as to what to do with that money.Right?
Wit: Yes.
Adv.Khandewale: On whose exhortation you gave the application marked as 274?
Wit: I gave it myself.
Adv.Khandewale: On which computer you typed it?
Wit: I don’t remember.
Adv.Khandewale: My assertion is the  C.B.I. made it on the computer , you merely signed on it?
Wit: No, false.
Adv.Khandewale: My assertion is that it is false that there is danger to you & your family from  relatives of the accused.  Right?
Wit: No, false.
Adv.Khandewale: My assertion is that due to allurement by C.B.I. you gave false testimony before & now too  you are deposing falsly.Right?
Wit; No, it is wrong.
(Adv.Khandewale finishes his cross-examinaton of the witness.Now, another defence lawyer Adv.Bedarkar rises to cross-examine)
Adv.Bedarkar: Can you read & write?
Wit: Yes. I can.
Adv.Bedarkar: Is it right that you submitted this application before the commencement of this case?
Wit: No, false.
Adv.Bedarkar: Who was there with you at the time of submitting the application?
Wit; At the time of submitting the application I was under police protection.
Adv.Bedarkar: You were under police protection before you statement.Right?
Wit; No.
Adv.Bedarkar: C.B.I. personnel made the applicaton for you & you sent it to the collector.Right?
Wit:No, false.
Adv.Bedarkar: You gave false statement due to the pressure & allurement by C.B.I.Right?
Wit: No, false.
(Adv.Bedarkar finishes his cross-examination of the witness.Now, the next recalled witness, Suresh Khandate is called into the witness-box.Adv.Khandewale first begins his cross-examination)
Adv.Khandewale: Suresh, you have given applicatiion on 17/7/07.It bears your signature.Right?
Wit:Yes.
Adv.Khandewale:  (showing a paper)Its contents are correct.Right?
Wit: Yes.
Adv.Khandewale: In the same way you had given application to the District collector on 1/11/2007.Right?
Wit: Yes.
Adv.Khandewale:  That also bears your signature.Right?
Wit; Yes.
Adv.Khandewale: You had shown two applications .Before that you submitted one application.Right?
Wit: Yes.
Adv.Khandewale: (showing a paper) Are the contents right in it?
Wit: Yes.
Adv.Khandewale: This application is of 16/4/07 . Right?
Wit: Yes.
Adv.Khandewale: After submitting the application , you gave testimony in the court.Right?
Wit:Yes.
Adv.Khandewale:  According to the letter  numbered as 276, you demanded Rs.10 Lacs instead of cultivable land.Right?
Wit: Yes.
Wit: The social welfare officer Bhandara showed me the  land  to be affected by the Gosekhurd Dam, we did not like the land .Then he told us to ask for 10 Lacs rupees from the collector  & he wrote a letter to that effect himself.
Adv.Khandewale: You agreed because of his say & then you signed on the application.Right?
Wit; Yes.
Adv.Khandewale: Can you operate the computer yourself?
Wit: No.
Adv.Khandewale: Did you & Mukesh submit the letter jouintly or separately?
Wit; The applications were separate , but were submitted jointly.
Adv.Khandewale: Do you know that if application is submitted to any officer , you should take the receipt of it?
Wit: Yes.
Adv.Khandewale: Do you have any such receipt on this  application?
Judge:(interveening)Adv.Khandewale, you can  not dispute veracity of  the same document  you submittd to this court.
(Adv.Khandewale realises his mistake & moves to next question.)
Adv.Khandewale: Is it right that C.B.I. put  a proposal for your rehabilitation as you are a witness?
Wit:No, false.
Adv.Khandewale: My assertion is that because C.B.I.gave allurement to you ,  you  are deposing .Right?
Wit: No, false.
Adv.Khandewale: You are still living in Khairlanji.Right?
Wit; Yes.
Adv.Khandewale: You are getting the employement ,  work & daily wages.Right?
Wit; I am getting the threats . We are in state of starvation , because nobody is giving us any employment or work.
Adv.Khandewale: This you are telling for the first time in the court.Right?
Wit; I had told it earlier too that I am getting the threats.
Adv.Khandewale: Did you give any written complaint to the police.
Wit: I told it orally many times. That’s why I got the police protection.
Adv.Khandewale: Is my assertion right that after submitting the application , you  made frequent inquries to the Tahsildar(Revenue officer of Tahsil) & collector.Right?
Wit:No.
Adv.Khandewale: My assertion is that you deposed falsly due to allurement by C.B.I.
Wit: I have given true testimony.
(Adv.Khandewale finishes his cross-examination . Adv.Khan begins his examination after the interval of lunch break)
Adv.Khan: Is there any other  reason behind your application to collector apart from the danger to the life?
Wit: I gave application only because of danger to the life & because of the threats from the relatives of the accused.
Adv.Khan: Did you express  threats to your life in any of the applications?
Wit: I have expressed such threats in my both the appliactions to the collector.
(Since the examination & cross-examination of these two witnesses is complete , the court is adjourned till the next date i.e.24th March)

        



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