1 SCC-1/07 PW-28

SPL. CRI. CASE NO. 1 / 2007 EXH. NO. 218

Deposition of witness No. 28 for the prosecution.

I do hereby on solemn affirmation state that :
My name Sanjay Father's name Baburao Nimje
Age about 42 years Occupation Police Inspector (CBI)
Resident Nagpur Tah. Nagpur Distt. Nagpur

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

In December, 2006, I worked as P.I. of CBI at ACB

Nagpur. In that month I was given order by our Head Office to assist in the
investigation of this crime i.e. For Crime No. R.C.1/2006/SCB/Chennai of
CBI. Therefore, on 2.12.2006, I reported to Shri N.K. Sharma of CBI camp
at Bhandara. On 5.12.2006, I recorded statement of Suresh Khandate as per
his say. On 9.12.2006 I recorded statement of Hemant Umeshji Khandate as
per his say. On 13.12.2006, I recorded statement of Mahadeo Zanzad as per
his say. Portions marked A to Q of statement of Mahadeo Zanzad were
correctly recorded by me as per his say. These are marked as Exh. 219 to
235. On 22.12.2006, I have recorded statement of Bhaiyalal Bhotmange as
per his say.
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.
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2. I have recorded statement of Mahadeo Zanzad at Mohadi.

I have not recorded statement of Premlal Walke. Witness volunteers that at
the time of recording of statement of Premlal Walke by Shri Vinay Kumar ,
he was present there. Although I was present there, I did not put
endorsement on the statement of Premlal Walke as “before me” above my
signature on it. I have recorded statement of Suresh Khandate at Mohadi.
Suresh Khandate did not tell me that while Jagdish Mandlekar shouted, he
uttered the words “other members of that house should be searched and
killed.”

3. Suresh Khandate did not tell me about the place being

near bore well, from where shout of Priyanka emanated. .... Suresh
Khandate did not tell me that Shatrughna and Shishupal gave blows to
Priyanka with cycle chains, accused Jagdish, Vishwanath, Ramu and Sakru
gave blows to Priyanka with sticks, accused Gopal and Prabhakar gave her
kicks and fist blows. .... Suresh Khandate did not tell me that accused
Shatraghna and Shishupal gave blows to Surekha with cycle chains, accused
Jagdish, Vishwanath, Ramu and Sakru gave her blows with sticks, accused
Gopal and Prabhakar gave her kicks and fist blows. .... Suresh Khandate did
not tell me that accused Shatrughana and shishupal gave blows to Sudhir
with Cycle chains, accused Jagdish, Vishwanath, Ramu and Sakru gave him
blows with stick, accused Gopal and Prabhakar gave him kick and fist
blows.

4. Suresh Khandate did not tell me that Sudhir was standing

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on the road. Suresh Khandate did not tell me that Sudhir was caught on the
road in front of one house. Suresh Khandate did not tell me that weapons
used by all the accused in beating Sudhir, was by bicycle chains and
sticks.
(Deferred as Court time is over.)

(S.S.Das)
Adhoc Addl. Sessions Judge,
Dt. 16.1.2008. Bhandara.

(Dt. 17.1.2008)

Resumed on S.A.

Further Cross examination by Shri Niraj Khandewale, Adv.

for accused nos. 3 to 7 and 11.

5. Camp at Bhandara was our local main office. That camp

office is still there. It is not true to say that I recorded statements of
witnesses at Bhandara. I came to know from news papers that a section of
society was unhappy with the investigation even after December 2006. It is
true to say that there was news in the news paper about demand of some
section of society to arrest the real culprits. I do not know whether CBI
arrested any more persons.

6. It is not true to say that CBI gave inducement to the

witness Suresh Khandate by promising to provide job, agricultural land and
house to him. I do not know whether CBI proposed to Govt. of Maharashtra
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for rehabilitation of Suresh Khandate. It is not true to say that by giving

inducement to Suresh Khandate, I obtained his false statement. I am now
no more working at Bhandara camp. On 7.7.2007, I was not present at
Bhandara. I do not know whether Suresh Khandate applied in writing to
Government of Maharashtra on 17.7.2007 for his rehabilitation. I do not
know whether Social Welfare Officer of Govt. of Maharashtra at Bhandara
applied to Collector for rehabilitation of Suresh Khandate. I do not know
whether rehabilitation was to be made for person affected by natural
calamities. I do not know whether there is nothing in any Act for
rehabilitation of witness. I do not know whether Social Welfare Officer
wrote to Collector that Suresh Khandate and Mukesh Pusam claim that
instead of giving job, land and house, they be given Rs. 10,00,000/- in cash.
It is not true to say that I have recorded statements of witness by showing
them threats and inducement.
7. It is not true to say that I have not recorded statement of
Bhaiyalal Bhotmange on 22.12.2006 about showing of articles of deceased
persons to him.
Cross examination by Shri M.T.Bedarkar, Adv. for accused
no. 10.

-- Declined.
Re-examination
-- Nil.
R.O.A.C.

(S.S.Das)
Adhoc Addl. Sessions Judge,
Dt. 17.1. 2008. Bhandara.
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