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SPL. CRI. CASE NO. 1 / 2007 EXH. NO. 208

Deposition of witness No. 26 for the prosecution.

I do hereby on solemn affirmation state that :
My name Avinash Father's name Ramchandra Rajurkar
Age about 54 years Occupation Rewtired S.D.P.O.
Resident Nagpur Distt. Nagpur.

Examination-in-chief
(By Shri Ejaz Khan, Spl. P.P.)

On 9.10.2006 I was posted as S.D.P.O. at Pauni

and was having the rank of Dy. S.P. On 9.10.2006, I was assigned by S.P.
Bhandara to do investigation in this crime. That order was passed by S.P.
Bhandara on 8.10.2006 and I took charge of investigation of this crime on
9.10.2006. During my investigation I arrested 12 persons including
Shishupal Dhande and Purushottam Titirmare. On 15.10.2006, police
constable Sonwane produced clothes of all the 4 deceased which he
brought from Mohadi Hospital and I seized the same by recording seizure-
memo before panchas. That seizure memo is placed on record. This
seizure memo bears signatures of both the panchas, Constable Sonwane and
that of mine. Its contents are correct. It is marked as Exh. 209. Before that
i.e. 11.10.2006, a team of C.A. Experts came to us and they examined the
seized bullock cart and also inspected the spot of incident. Then those
experts showed us some blood particles on the seized bullock cart and then I
extracted the same from the cart and seized the same by recording a
seizure-memo. That seizure memo is placed on record at Exh. 112. It bears
my signature and that of panchas. Those experts also collected one T. V.
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cable connector, some pieces of read colour glass bangles and also collected
blood from these items in a cotton swab, in my presence and then handed
over the same to me. I then seized those articles by recording seizure-memo
before panchas. That seizure-memo is placed on record. It bears my
signature and that of panchas. Its contents are correct. It is marked as Exh.
210.

2. On 15.10.2006, as per my direction PSI Pratite seized

clothes of accused Purushottam Titirmare from his house by recording
seizure-memo. That seizure-memo is already marked as Exh. 152.

3. On 17.10.2006, accused Purushottam Titirmare made a

statement for production of stick kept hidden by him at a field behind his
house near a latrine. I recorded statement of Purushottam Titirmare as per
his say before panchas. That statement is placed on record at Exh. 103. It
bears signatures of panchas, Purushottam Titirmareand that of mine.
Thereafter, Pushottam took us to his house at Khairlanji and then produced
one stick from a field near a latrine situated behind his house. I then seized
that stick by recording seizure panchanama there. That siezure
panchanama is placed on record. It bears my signature and that of panchas.
Its contents are correct. It is marked as Exh. 104.
4. During the investigation, I recorded additional
statement of Sidharth Gajbhiye and statements of Rastrapal Narnavare and
Dinesh Dhande. Thereafter on 8.11.2006, I handed over the investigation to
R.N. Deshpande Additional S.P., State CID, Maharashtra. During my
investigation I did not find that at the places around Khairlanji, villagers
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used to kill suspected thieves by beating them.

Cross examination by Shri Sudip Jaiswal, Adv. for accused

nos. 1, 2, 8 and 9.

Shri Sudip Jaiswal, Adv. is absent when called. Accused Nos.

1, 2, 8 and 9 declined to personally cross examine the witness.

Cross examination by Shri Niraj Khandewale, Adv. for

accused nos. 3 to 7 and 11.

5. On 11.9.2007, I took voluntary retirement. On 8.10.2006,

at evening hours S.P. Bhandara passed order of handing over investigation to
me and therefore I took up investigation of this crime on the morning of
9.10.2006. It is true to say that there was agitation against the occurrence of
the incident. It is not true to say that such agitation also took place due to
faulty investigation by police. It is not true to say that due to such agitation
pressure was mounted on us that we should arrest the culprits. It is not true
to say that to meet the desire of people and to maintain law and order, I
arrested 12 persons in this crime. I have recorded statement of Rajendra
Gajbhiye. I have recorded statement of Rashtrapal Narnavare on 24.10.2006.
PW-5 Rashtrapal Narnavare did not tell me that persons boarded in that
tractor to go to Kandri, were 12 in number and that those persons were
proceeding to beat Sidharth Gajbhiye and Rajendra Gajbhiye. PW-5
Rashtrapal Narnavare told me that Surekha told him that persons in tractor
on their return can create danger to her life. Rashtrapal did not tell me that
Surekha told him that life of her family members were also in danger from
those persons on tractor. PW-5 Rashtrapal did not tell me :
“He told her to complaint to Andhalgaon police station.
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She told him that she cannot go to Andhalgaon police station as about 2/3
days ago Dy. Sarpancha and P.S.O. Bharne threatened her by coming to her
house. She told him that they threatened her by saying that she was giving
statement against villagers and if anything happens then they will not be
responsible as support of MLAs and MPs are behind them. She told him
that they threatened not to give statement against her villagers. He asked her
as to what to do then. She told him that those persons went to Kandri.”

6. PW-5 Rashtrapal did not tell me :

“On 30.9.2006, at about 10.00 a.m. to 10.30 a.m.
Yagyapal Khobragade made phone call to him. Yagyapal told him on phone
that he is waiting at Andhalgaon Police Station and he (Rashtrapal) should
come there. He told him that Bhaiyalal Bhotmange is with him and that
Surekha, Sudhir, Roshan and Priyanka were missing since previous night.
He told him that they came there to lodge complain to Andhalgaon Police
Station. He then reached at Andhalgaon Police station in ½ hour. After
some time of he reached there, PSO Bharne came there. PSO Bharne told
them that a dead body of a girl was found in a canal at Wadegaon village
limit. Mr. Bharne told them to go to Mohadi Govt. Hospital. Thereafter,
he himself, Bhaiyalal and Yagyapal went to Mohadi Govt. Hospital. Then
they looked at one dead body. That deadbody was of Priyanka Bhotmange.
That deadbody was in naked condition and it was having marks of injuries
caused by sticks and cycle chains.”

7. PW-5 Rashtrapal did not tell me :

“At the time of taking deadbody of Priyanka, they asked
PSO as to what happened to Surekha, Sudhir and Roshan. He told them
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come to police station at about 10 to 11 a.m. Then on the next day at about
10 to 11 a.m., he went to Andhalgaon Police Station. Then he asked station
diary incharge as to what happened to those 3 persons. He told him that 3
deadbodies were found in the limit of Wadegaon to Shivni. He then went to
that place. There he found deadbodies of Surekha, Sudhir and Roshan.
Then PSO Bharne and Shri Susatkar came there. They asked him whether
he knew those dead persons. He told them that those were deadbodies of
Surekha, Sudhir and Roshan. Those deadbodies were kept at the bank of
canal..”

8. PW-5 Rashtrapal did not tell me :

“Head of Surekha was smashed, her blouse was torn. She
was wearing blouse and petticoat. There was vest on the person of deadbody
of Roshan. Its testicle was swollen. There was underwear on the person of
deadbody of Sudhir. There were marks of injuries on the person of all the
three deadbodies, caused by sticks and chains. Then those deadbodies were
taken to Govt. Hospital, Mohadi, after verification and inquiry. Verification
and inquiry means, they asked him whether those were deadbodies of those
persons and he said Yes and thereafter they took the deadbodies in a tractor
to Mohadi Govt. Hospital. There postmortem of those deadbodies were
made. Then those deadbodies were taken to village Deulgaon and the same
were buried there.”
(Deferred as Court time is over)

(S.S.Das)
Adhoc Addl. Sessions Judge,
Dt. 15.1.2008. Bhandara.
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(Dt. 16.1.2008)
Resumed on S.A.

Further cross examination by Shri Niraj

Khandewale, Adv. for accused nos. 3 to 7 and 11.

9. I have recorded statement of Dinesh Dhande on

29.10.2006. Portion marked 'A' of statement of PW-19 Dinesh Dhande
which shows the fact that time of his return from field was 6.30 p.m., is
correctly recorded by me as per his say. It is marked as Exh. 211. Portion
marked “B” of statement of PW-19 of Dinesh Dhande which shows the fact
that on 29.9.2006 some villagers made discussion before Gram Panchayat
office to lodge report against Rajendra Gajbhiye and Sidharth Gajbhiye and
Surekha Bhotmage and then he left from there for his house, is correctly
recorded by me as per his say. It is marked as Exh. 212. Portion marked
'C' of statement of PW-19 Dinesh Dhande which shows the fact that he
saw from terrace of his house that some ladies and gents attacked house of
Surekha Bhotmange, is correctly recorded by me as per his say. It is
marked as Exh. 213. Portion marked 'D' of statement of PW-19 Dinesh
Dhande which shows the fact that Surekha and her children were being
beaten and they were screaming to save them, is correctly recorded by me as
per his say. It is marked as Exh. 214. Portion marked 'E' of statement
of PW-19 Dinesh Dhande which shows the fact that he told names of
two lady attackers, is correctly recorded by me as per his say. It is marked
as Exh. 215. Portion marked 'F' of statement of PW-19 Dinesh Dhande
which shows the fact that he stated to keep his statement and his name as
secret, is correctly recorded by me as per his say. It is marked as Exh. 216.
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10. It is not true to say that I am acquainted with

Dinesh Dhande even prior to the incident. It is true to say that Krushna
alias Karu Dhande i.e. father of Dinesh Dhande was arrested in this crime. It
is not true to say that statement of Dinesh Dhande was recorded while his
father was in jail. It is true to say that statement of Dinesh Dhande was not
recorded at village Khairlanji. I did not take Dinesh Dhande for
identification of accused. It did not so happen that I noticed that after the
present incident, Sidharth Gajbhiye and Rajendra Gajbhiye were absconding
from their village. It is true to say that I have recorded statement of Sidharth
Gajbhiye at Bhandara.

11. It is not true to say that I have not seized any clothe
of any deceased person, on 15.10.2006. It is not true to say that I have not
seized any blood stained sample from bullock cart, as well as pieces of
bangles, T.V. Cable connector and sample of blood stain from the spot of
incident. It is not true to say that I did not investigate the crime properly and
there was agitation and therefore investigation was taken out from me on
8.11.2006 to hand over the same to State CID.

Cross examination by Shri M.T.Bedarkar, Adv. for

accused no. 10.

12. I went to village Khairlanji during my

investigation. For that I proceeded from Mohadi and passed through
Chicholi to go to Khairlanji. Khairlanji people did not ask me for police
protection. I do not know whether any Khairlanji villager was given police
protection before I took up investigation. I remember that Bhaiyalal
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Bhotmange was given police protection before my investigation

commenced. I do not remember whether any other person was given police
protection. It did not so happen that no one was coming forward to give
statement and to stand as panch witness. Chicholi village is about 2/3 kms.
away from Khairlanji. It is true to say that house of Purshottam Titirmare is
situated at Chicholi near diversion road towards Khairlanji. I did not notice
whether parents of Purshottam Titirmare reside at Khairlanji. Witness
volunteers that Purshottam Titirmare also has a house at Khairlanji. I did not
take search of house of Purshottam Titirmare situated at Khairlanji. It did
not so happen that while going to Khairlanji, I stopped 2/3 times at the
house of Purshottam Titirmare at Chicholi. It is not true to say that I
incited Purshottam Titirmare to give statement against Khairlanji villagers
and as he refused to do so, I arrested him. I do not remember whether I took
Purshottam Titirmare after his arrest, to Bhandara Rest House. It is not true
to say that there I showed him anger and obtained his signatures on some
blank papers. It is not true to say that Purshottam Titirmare did not make
any statement to produce stick and that I did not record any such statement
before panchas. I do not know whether those panchas Madhu Bokade and
Shivnath Sonkusare always remain near police station. It is true to say that
on 17.10.2006 at afternoon hours I took Purshottam Titirmare to Khairlanji.
It is not true to say that I then sent one policeman with Purshottam
Titirmare to the house of Purshottam. It is not true to say that thereafter
that policeman brought one stick and showed the same to me while I was at
Gram Panchayat and that I seized that stick at Gram Panchayat office. It is
not true to say that I obtained signature of Purshottam Titirmare at Gram
Panchayat Office. It is not true to say that I did not go to the house of
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Purshottam Titirmare at Khairlanji. I cannot say whether such type of stick

is freely available at village. When I went to Khairlanji with Purshottam
Titirmare, PSI Pratite was with me. It is not true to say that PSI Pratite and
one police constable brought that stick to me. It is not true to say that I did
not give any written order to PSI Pratite to search the house of Purshottam
Titirmare situated at Chicholi. It is not true to say that as Purshottam
Titirmare did not give statement against Khairlanji villagers, I falsely
involved him in this case.

Re-examination
-- Nil.
. R.O.A.C
(S.S.Das)
Adhoc Addl. Sessions Judge,
Dt. 16.1.2008. Bhandara.