Khairlanji: Court Proceedings on 31st March 2008

03Apr08

      The court assembles at 11: 15 A.M.The Hon.Judge S.S. Das first disposes off the other cases in his court. The Public prosecutors , Ujwal nikam & Ezaz Khan are sitting on their respective chairs waiting for the arrival of the defence lawyer Adv.Khandewale. At 1 P.M. he along with other defence lawyers , Adv.Bedarkar & Adv.Lakhanikar  arrives in the court . He first apologises to the court for his delayed arrival. Then he rises to say his submission to the court for granting the permission to summon the collector of Bhandara , Tahsildar of Mohadi & social welfare officer.
Adv.Khandewale: My only submission before the honourable court is that the concerned officers should be called in the court to verify the corresponding documents related with the proposal of rehabilating the witnesses , PW1 Mukesh Pusam &  PW3 Suresh Khandate .
Judge: But why at this stage you want them to be produced in the court. They can be produced as the defence witnesses at the proper stage of the trial.
Adv.Khandewale: Sir , no harm will be done if those are called in the court at this stage.
Judge: Not this court but you require that.What is the necessity of calling them?
Adv.Khan: Sir, it should be first made clear how these witnesses are essential as the court witnesses.
Judge: The witnesses that you want to produce are subsequent to the inceidence & not directly connected with it.The court can acquit or convict the accused  even without calling these witnesses. The burden stands on your shoulder to prove their relation with the incident.
(Now , the special P.P. Adv.Nkam rises to have his say)
Adv.Nikam: Sir , under the criminal procedure code , four forums are available for the defence to prove the innocence of the accused (1) Cross-examiantion (2)Statement of the accused (3) Recorded statements of the accused & (4) Defence witnesses. This application is unnecessary & liable to be quashed. Now, sir u/s 311 of the criminal procedure code the court can summon the witnesees  in two ways – (A) By Disretionary power of the court by which the witness can be recalled , can be summoned for the examination or re-examination .
(B) Unnder Mandatory Provisions . It is the onrous duty of the court to  issue summons to recall or examine  or re-examine the witness after being satisfied that those are neccesary for justice. The application by my collegue is totally silent on in what manner they are essential for the delivearance of the justice. At this stage recourse to section 311 is futile.The defence can call them as defence witnesses. In the application it is said that these witnesses should be called in the interest of justice. There is the world of difference between the interest of justice & affirmation by the Hon. court to take cognisance of the  just neccessity of  calling the witness . Is it relevant to examine these witnesses or is to only to prolong the case?
Now , I will put forward my  request of calling a witness who is relevent to the case & whose name is not included in the charge sheet. PW3 Suresh Khandate in his statement had said that the power was restored 7:30 in the evening. But my question is if the power was restored at 7:30 in the evening, then when did it go off?So, I want to examine the concerened officer of M.S.E.B.C.L. the agency supplying the power to the village Khairlanji. This evedence is necessary to reveal when the power went off in the village.
Adv.Khandewale: Sir, interst of the justice & court’s just trial are one & same thing . Mr.Nikam had reffered the judgement of the Supreme court in which nowhere the Hon . S.C.has abridged the power of the defence. About Mr.Nikam’s request for calling the concerned officer from M.S.E.B.C.L. , that recourse was avilable soon after Suresh Khandate’s deposition before this court. It was not ours but their wanton duty to clarify that fact . The whole incident happened in darkness. By calling the witness ,they just want to fill the lacuna.
Adv.Nikam: ( after reading from an excerpt) : Lacuna can be a fall out from the prosecution . Even if the prosecution does negligence or mistake , the S.C. permits the prosecution to examine the witness to clear the matter of fact & to arrive at a just conclusion. Sir, we have already called  the witness .He can depose if the Hon.court permits.
Adv.Khandewale: No, No…
(The court is adjourned at this stage for lunch break . After the lunch break , the court passes order rejecting the application of the defence & allowing the prosecution to examine the new witness saying   that the documentry  evidence is the best evidence & such important documentry evidence can not be overlooked  to arrive at the truth. On this the defence lawyer Adv.Khandewale says that he would challenge  it in the high court , but neverthless he would cooperate reserving his right to protest. Since two witnesses , S.S.Bansod & J.C. Kamble has already been called , Adv.Nikam calls the former & rules out the necessity of examining the latter since it will be superflous to have statements of both  being recorded.)
Judge: What is your name?
Wit: Sushil Sudhakar Bansod.
Judge: Age?
Wit: 39yrs.
Judge: what is your educational qualification?
Wit: I have done my certificate course in I.T.I.
(Now , Adv.Nikam begins his examination of the witness)
Adv.Nikam: What do you do?
Wit: I am Junior operator in  Jamb  in M.S.E.D.C.L.(Maharastra State Electricity Distribution Company Limited)
Adv.Nikam: Since from when you are working as junior operator in M.S.E.B.C.L.?
Wit: From April 1994.
Adv.Nikam: What was the duration of the certificate course of I.T.I.?
Wit: It was of two years.
Adv.Nikam: Since from when you are working as junior operator in Jamb substation?
Wit: From 2002.
Adv.Nikam: From where does Khairlanji get its electricity supply?
Wit: From Jamb.
Adv.Nikam: Where does Jamb get its power supply from?
Wit: From 132 KV Mansar substation.
Adv.Nikam: In case the power supply gets disrupted from Mansar, then from where do you get power supply?
Wit; From Tumsar substation.
Adv.Nikam: How many villages do get the power supply from your center?
Wit: 35-40 villages.
Adv.Nikam: Where do you  put the information regarding the load – shedding?
Wit: In Charge hand over register.
Adv.Nikam: Do you do the load shedding in different villages in turn or do you note in your register about the the disrruption of power supply to your substation?
Wit: I note down the input & output supply of electricity in the register.
Adv.Nikam: Have you brought the original register with you?
Wit: Yes.
Adv.Nikam: Did you put down the notes on time in this register?
Wit: Yes.
Adv.Nikam:  On 29/9/06 , what was the timing of load shedding?
Wit: On that day , there was no load shedding.At 10:45 there was sudden disruption of power supply from Mansar substation.
Adv.Nikam: Did you put down such fact in you register?
Wit: Yes.
Adv.Nikam: Is it in your own handwritting?
Wit; Yes.
Adv.Nikam: Then ?
Wit: Then I took power supply from Tumsar substation at 5:00 P.M.
Adv.Nikam: When the power supply got disrrupted from Mansar substation , the village Khairlanji had no power supply.Right?
Wit: Yes.
Adv.Nikam: When the power supply was taken from Tumsar , the village Khairlanji too got the electricity . Right?
Wit: Yes.
Adv.Nikam: Is there any entry in your register about taking power supply from Tumsar?
Wit:Yes.
Adv.Nikam: When did the power supply from Mansar was resumed?
Wit: At 6 in the evening.
Adv.Nikam: Then when did you resume the power suppy from your center?
Wit; At 6:30 P.M.
Adv.Nikam: That means you stopped the power supply from Tumsar & resumed the supply from Mansar.Right?
Wit: Yes. Within two minuted I stopped the power supply from Tumsar & resumed the supply from Mansar.
Adv.Nikam: Did you make such entry in your register?
Wit: Yes.
Adv.Nikam: What was the duration of this change over of substations , means for what duration the power supply was stopped ?
Wit: Only fot two minutes.
Adv.Nikam: That means there was no power supply in Khairlanji for two minutes.Right?
Wit: Yes.
Adv.Nikam: Then after that power supply was resumed.Right?
Wit: Yes.
Adv.Nikam: Was there any disrruption of power supply after 6:30 P.M.? That means was there any interruption in the supply of electricity to Khairlanji village?
Wit: No,  There wasn’t.
Adv.Nikam:  Are the entries that you have  made in this  register true?
Wit: Yes.
Adv.Nikam:  Do  these photocopies  of the pages of this register  match the original?
Wit: Yes.
Adv.Nikam: Whose scribe is this?
Wit: Mine.
Adv.Nikam: What is the reason of taking the power supply from Tumsat late?
Wit; The transformer of Tumsar substation got burnt , so I was waiting for its repair.Therefore , It took  long to take the power from Tumsar.
(Adv.Nikam finishes his examination . Now, the defence lawyer Adv. Khandewale rises to cross-examine    the witness. )
Adv.Khandewale: Do the photocopies of the register bear the seal of your office?
Wit: No.
Adv.Khandewale: Does it bear your signature?
Wit:No.
Adv.Khandewale: You are not lineman by post.Right?
Wit:Yes.
Adv.Khandewale: Therefore you can not give information about the disrruption of electricity caused by the things other than load shedding . Right?
Wit: Yes.
Adv.Khandewale: Did you make any entry anywhere about receiving the message by phone call from Mansar
concerning the resumption of power at their substation ?
Wit: No , I didn’t.
Adv.Khandewale: Who gave you the instruction to be present in the court?
Wit: C.B.I.
Adv.Khandewale: According to the rule of  power supply company where you are presently working , you have to make entry about the power supply in KV in a particular register.Right?
Wit: Yes.
Adv.Khandewale: It is possible that for changing over the power supply , it can take more that 2 minutes say for instance 2-3 hours . Right?
Wit: No.’
Adv.Khandewale: If in any of the villages the electric phase goes off then in that case you don’t get any information . Right?
Wit:Yes.
Adv.Khandewale: In the rainy season , it is possible that due to strong winds & rain , the disrruption of electricity ensues .Right?
Wit;Yes.
Adv.Khandewale: If due to these causes the power suply fails , then in that case it takes longer to restore it.Right?
Wit;Yes.
Adv.Khandewale: On the page at  back of the back side of the register  there is some private thing written.What is it?
Wit: Those are the calculations of the load-shedding .
Adv.Khandewale: In this register , there is also the name of Gomaji Dhyaniram Dhande and 100 rupees.What is it?
Wit: It is the credit due from this person.
Adv.Khandewale: You have scribed your personal matter here.
Wit; No, I had received a phone call from Mohadi sub-division that this fellow has the credit of 100 rupees of electric bill due from him.
Adv.Khandewale: My assertion is that you have written in this reigister later  & you are deposing falsly in this court on its basis.Right?
Wit; No, it is false.
Adv.Khandewale: Are you on leave today?
Wit: No, I have done my shift from 12 midnight to 8 in the morning.
Adv.Khandewale: My assertion is that you are giving false statement for being pressurised by C.B.I.Right?
Wit: No, I am giving statement on the basis of the entries made by me in this register.
Adv.Khandewale: Does you always keep this register with you ?
Wit: No , it is kept in the drawyer of the substation.
(Adv.Khandewale finishes the cross-examination of the witness. Now, Adv.Nikam submits the application to the court for the closure of the evidence from the prosecution  side called ‘pursis’ which is immediately allowed. Then the court is  adjourned  for the next date i.e. Monday 7th April when the statements of the witnesses by the Hon.Judge wil be recorded. Adv.Nikam seems elated for  accomplishing his job coming out of the court . It was told later by the defence lawyer , Adv.Bedarkar that they would challenge the decision of the trial court in rejecting their plea for calling the three govt. officers & allowing the calling of  new witness of the prosecution not previously given in the charge sheet.)



One Response to “Khairlanji: Court Proceedings on 31st March 2008”

  1. Terrific page.. i will definitely visit soon.


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