Khairlanji: Court Proceedings on 12th & 13th August ’08


The Defense lawyer Adv. Jaiswal raised the following points in his arguments against the prosecution –

  1. The learned prosecution did not even ask the witnesses whether they  can identify the accused.
  2. Surekha Bhotmange had extra- marital relationship with Siddharth Gajbhiye. How can a poor lady like Surekha who  can not properly construct her house, can buy a mobile handset worth Rs. 10,000/-?
  3. Prosecution placed on record only those documents which were related with prosecution only .
  4. Commen grounds of witnesses are either related with Bhotmange or those related with prosecution .
  5. Prosecution picked up those people which belonged to the same caste.
  6. Dilip Dhanraj Ukey is an interested witness who has provided a shelter to Bhaiyyalal Bhotmange in his house .So, his deposition in this court should be rejected outright.
  7. The testimony of those witnesses who are very close to the complainant and the prosecution , must be rejected.
  8. The crime is not committed by my clients and was committed by other persons.The mere allegations kept on cropping up on my clients’ shoulders.
  9. No blood marks were found in the cattle shed , inside house or anywhere in the village . That means, the crime did not take place anywhere in the village  and was not committed by any of the villagers but it was committed by some other persons on the different spot other than the village.
  10. No incriminating articles were found in village. Prosecution agency procured those materials only to support their side.
  11. Prosecution agency hired those witnesses for purpose of conviction
  12. Caste certificate takes more than forty five days for its preparation. Then how within two hours it got delivered to Bhaiyyalal Bhotmange?
  13. Sidhharth Gajbhiye remained silent on the motive of the accused.
  14. All these witnesses were in the police custody for two and half months.Therefore all these witnesses’ testimony must be rejected.
  15. All these witnesses were in the custody of police and the accused were in Jail therefore there is no question of intimidation by the accused to the witnesses.
  16. About Bhayyalal Bhotmange – He is a biggest liar in this case. He is not an eye witness. Petitioner wrote the complaint and he only signed on it .
  17. One more witness said that the injuries were inflicted by the accused by means of sticks and chains on the persons of the deceased. Injuries found on the person of the deceased were possible only by sharp and hard weapons. Therefore there is every possibility that the injuries might be inflicted by those persons who used to come in the house of Bhotmange.
  18. Recovery is not of weapons used by the accused. Therefore investigation agency did not send these articles for chemical analysis. The weapons used by the accused are not confirmed.
  19. The witnesses who were ill for one month, saw the incident in heavy rain, and could not go to the superior police to give their statement, can not be said to be reliable.
  20. The C.B.I. recorded those statements only within 12 to 15 day’s span and said that those were the accused persons without justifying any reasons.
  21. Before conviction is given to all witnesses the honorable court should consider only those witnesses who are unimpeachable, trustworthy and reliable before giving the death sentence or life imprisonment to the accused
  22. CBI Prepared documents and witnesses merely signed on it.
  23. These are the Pillars on which the CBI constructed the story
  24. There are many omissions and contradictions.
    (The court is adjourned till 16th August)

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