Khairlanji: Court Proceedings on 23rd June 08


This was the important day for the proceeding since on this day all pending applications before the court were decided by the court. Following were the decisions given by the court regarding the applications put before the court.
1.Inspection of the spot of the crime – The application was submitted by the defence that the spot of the incident be inspected by the Hon.Judge S.S.Das . But rejecting the application Hon.court said that at this stage of the trial ,  the defence counsels themselves did not seem to be sincere for pursuing the request. Already manywitnesses had disclosed about the spot of the incident and therefore it was not necessary for him to personally inspect the spot. Moreover if the presiding judge goes to the spot of the incident then he himself becomes the witness of the spot of the incident and his views would be brought on record , but both parties can not cross-examine him. So, in such circumstances it was not desirable for him to visit the spot of the incident when evidence is there on record about the place of the incident. Due to all this reasons the , application was rejected.
2. Court witnesses –  Two of the applications were given separately by S.S.Suradkar and Rajendra Gajbhiye to depose as court witnesses. But both of these were rejected on following grounds-

 (A) Rejecting the application of Mr. Surdkar , Hon.Judge said that Suradkar did not seem to be serious enough to present himself in the court when  he was called in the court today to depose. Secondly , he did not divulge special facts if any , to the investigation authority to assist in the investigation of the crime . He merely claimed to have perused police papers without clarifying his capacity in doing so. Merelybeing conversant with the facts of the case did not entitle him to be an investigation officer or an eye witness. So , it was not desirable to examine him as court witness and that too as if an essential witness.
(B) Another application which was pending in the court since from a very long time and which had made the news was of Rajendra Gajbhiye who had claimed to be an eye witness of the entire crime . His application too was rejected by the Hon. Court. The court ordering the rejection of application said that Rajendra Gajbhiye remained absent in the court whenever he was called in the court to depose.  His brother Sidhhartha Gajbhiye did not say in the court that he came to know about the incident from the narration of Rajendra Gajbhiye .  Bhaiyyalal Bhotmange too did not claim that all the accused were beating the victims. If such interested witness like Rajendra Gajbhiye really saw the incident, it would have been helpful for the police to detect the criminal at the earlier stage. But that did not happen. In such circumstances it was doubtful whether Rajendra actually saw the incident of killings of 4 persons. As evidence was already placed on record on the point of incident and as prior statement of the applicant was of doubtfulversion, it was not desirable to call the witness as a court witness. Therefore the court did not feel it necessary that his evidence was just and essential for arriving the truth .

After passing of the order of rejection of all the three applications, the court was adjourned till 26th June.

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