1

SPL. CRIMINAL CASE NO. 1/07 EXH.NO. 165

Deposition of Witness No. 22 for the prosecution.

I do hereby on solemn affirmation state that :

My name Premlal Father's name Istari Walke

Age about 63 years Occupation Agriculture
Residence Khairlanji Tah. Mohadi District Bhandara

Examination-In-chief
(By Mr. Ejaz Khan, Adv. for CBI)

I reside at village Khairlanji since 10/12 years. My house

is situated at the western side of house of Bhaiyalal. In the family of
Bhaiyalal Bhotmange, he himself, his wife, 2 son and a daughter used to
reside. On 29.9.2006, at about 6.30 p.m. I heard shouts as “Mara-Mara”
(beat beat). I heard such shouted from the side of house of Bhaiyalal
Bhotmange. At that time I was busy in preparing for pooja of Durga Devi.
Those were shouts of Vishvanath Dhande and Sakru Binjewar. I was
became frightened and did not come out of my house. After some time I
heard the say “where are boys”. After some time there was peace when I
came out of my house and came upto my gate. Then I saw one bullock cart
was passing through the road which is situated in front of house of
Bhaiyalal. That bullock cart was proceeding towards Kandri from the side of
Dhusala road. There were some dead-bodies in that bullock cart. Jagdish
Mandlekar was riding that bullock cart. Vishvanath Dhande, Shatrughana
Dhande, Ramu Dhande, Sakru Binjewar and some other persons were
following that bullock cart. Those persons were possessing sticks in their
 2

hands. The bullocks of that cart were reddish in colour.

2. After some time police vehicle came there. As I was

frightened I did not tell anything to police. One policeman asked me, where
were family members of Bhaiyalal Bhotmange when I told ignorance about
them. My statement was recorded by Judicial Magistrate by Mohadi Court.
Q. Whether statement of any other witness was recorded by
Judicial Magistrate on that day ?

(Shri Bedarkar Adv. objected to this question by submitting that this

in the nature of cross examination and also this witness cannot answer this.
Shri Khan Adv. submitted that such question can be asked. Heard both the
sides. Except leading question other question can be asked in examination-
in-chief and this is not a leading question. Moreover, whether witness
knows or does not know cannot be ascertained beforehand. Due to all these
reasons objection is over ruled.)

A. On that day Mahadeo Zanzad went to Mohadi Court alongwith

me and his statement was also recorded by Judicial Magistrate on that
day.

3. Andhalgaon police, CID and CBI recorded my statement.

I gave same statement to all of them. I am now shown one statement. It
bears my signature. It is the same statement recorded by Judicial Magistrate.
Its contents are correct. It is marked as Exh. 166.

Cross-examination by Shri Bedarkar, Adv. for accused

No.10.

4. Before residing at Khairlanji, I used to reside at Daudipar

(Kardi-Mundhari). I do not know whether that village is about 25 kms. from
village Khairlanji. Bhaiyalal migrated to Khairlanji before my migration
 3

there. There are about 15 houses in our toli (small locality). Houses of
mine and Bhaiyalal are on encroached land. Some houses were constructed
there by Govt. There are no electric lights in front of my house. Electric
light is only in front of Kisan Titirmare. It is not true to say that Gram
Panchayat took action against me as my house is on Gram Panchayat land.
I was on visiting terms with Bhaiyalal Bhotmange. Never quarrel took place
between Bhaiyalal Bhotmange and villagers. It is true to say that before the
incident Goddess Durga was installed in my house. Bhotmange family
members used to worship Goddess Durga and on the day of incident they
kept fast. I used to worship Durga Goddess between 6 to 7 p.m. There used
to Aarti at about 7.00 p.m. Thereafter, I used to take dinner. I used to take
dinner at 8.45 to 9.00 p.m. to finish dinner. It is true to say that Surekha
Bhotmange and her children used to keep fast and used to come to my
house for Prasad of Durga Mata. It is not true to say that they came to my
house on the day of incident for Prasad. It is not true to say that on the day
of incident they took Prasad in our house and left my house at about 7.30
p.m. to 8.30 p.m.

(Deferred for recess.)

(S.S.Das)
Adhoc Addl. Sessions Judge,
Dt. 18.12.2007. Bhandara

Resumed on S.A.
Further Cross-examination by Shri Bedarkar, Adv. for
accused No.10.

5. There are 6 families of Gond Caste and about 3 / 4

 4

families of Kunbi caste in our locality. Shalikram Khandate does not reside
in our Toli. Mukesh Pusam reside in our locality. Mukesh Pusam is my
brother-in-law. Mukesh Pusam resides in front of my house. Suresh
Khandate resides in front of my house. Suresh Khandate is not my relative.
Suresh Khandate belongs to my caste i.e. Gond caste. Police did not record
statement of my wife in my presence and so I do not know whether police
recorded her statement.

6. I do not have agricultural field. I do service for Bhagwan

Dhenge. I do not know about any beating which took place before the
incident. I cannot read and write. I cannot read small letters and rest I can
see. I can see in night hours, but cannot read. I did tell to Magistrate that I
studied upto 2nd Standard and I cannot see properly and therefore I cannot
read at night hours. On the day of incident I went to my employer Shri
Bhagawan Dhenge in the morning at 6.00 a.m. I returned by 6.00 p.m. or
8.00 p.m. However, during Navaratra I return by 5.00 p.m. It is true to
say that it was Navaratra on 29.9.2006. It is not true to say that I returned
to my house on 29.10.2006 at 9.00 p.m. It is true to say that on the night of
incident I took dinner at 8.30 p.m. and after some time I slept. It is true to
say that I gave statement to Andhalgaon police at Gram Panchayat office,
after 3 / 4 days of the incident. Portion mark “A” of my statement which
shows the fact that on the night of incident I returned home by 8.00 p.m., is
not correctly recorded. I did not tell police that I did not know anything
about the incident. Portion mark “B” of my statement which shows the
above fact , is not correctly recorded. I do not know whether police came to
house of Bhaiyalal on the next day of incident. I did not see Bhaiyalal
 5

Bhotmange on the next morning of the incident. I did not tell police that
after arrival of police on 30.9.2006 in the morning hours I came to know that
someone murdered family members of Bhaiyalal Bhotmange and that I did
not know who committed murder and who were arrested. Portion mark
“C” of my statement which shows the fact is not correctly recorded. I
cannot assign any reason why all the above portion marks are recorded in
my statement. Police did not read over that statement to me. Police did not
record my statement as per my say. I do not know who are CBI and CID. I
know Andhalgaon police. I gave same statement to persons who made
enquiry from me. Same statement I gave to Judicial Magistrate.

7. I did not come to Court on yesterday and a day before it. I

came alone in the court. I again say that I came with Malewar Police
Constable.
Court Question.
Q. Who is Malewar Police ?
A. He is my Security Guard.

It is true to say my Security Guard was with on yesterday as well as a day

before yesterday. Malewar police has motorcycle. I came to court on his
motorcycle. I received court summons. On the night of incident I did not
tell to police anything when they came to our village. It is true to say that
police then daily used to come to our village till 3.10.2006. It is true to say
that before 3.10.2006 I did not tell the incident to police. It is true to say
that before 3.10.2006, police daily used to come to me to enquire about the
incident. I do not know whether those police were from Andhalgaon. Police
recorded my statement at Gram Panchayat only once. Thereafter, police
 6

came to make enquiry from me at my house. I did not use to tell them
anything. Again I say that I used to tell them that I did not know anything.
CID police recorded my statement after a month of recording my statement
by local police. At that time I told them falsely, as I was under fear. Police
arrested many persons including some persons who were not accused.
Arrested persons were not used to brought in village in handcuffed
condition. They were never brought in vehicle. In my presence no accused
was brought to my village after his arrest. As some persons were arrested,
I felt afraid. It is true to say that due to that fear I told falsely to CID.

8. It is not true to say that police took me to Mohadi

for giving statement. My statement was recorded at Mohadi. That statement
was recorded near river at a office near Ashram. Four CBI personnels took
me there from my village. As many villagers were taken in that office I did
not feel afraid of CBI.

(Deferred for recess.)

(S.S.Das)
Adhoc Addl. Sessions Judge,
Dt. 18.12. 2007. Bhandara

(Dt. 19.12.2007)
Resumed on S.A.
Further Cross-examination by Shri Bedarkar, Adv. for
accused No.10.

9. I do not know anything about assault made to Sidharth

 7

Gajbhiye. My wife told me that Sakru Binjewar slapped Sidharth Gajbhiye.

My wife also told me that Sidharth Gajbhiye slapped Sakru Binjewar.
After the incident when Sidharth came near the house of Bhaiyalal
Bhotmange, I saw him there. It is not true to say that I deposed against the
accused at the instance of CBI. It is not true to say that I do not know
anything about the incident. It is not true to say that on the day of incident I
did not come out of the house.
Cross-examination by Shri Sudip Jaiswal, Adv. for
accusedNos. 1, 2, 8 and 9.
10. I look after cattle and field of Bhagwan Dhenge. I
go my employer at 6.00 a.m. and return at the evening and some time after
taking dinner and return by 8.00 to 9.00 p.m. Even at the time of festival I
maintain such routine. Witness volunteers that except in Navaratra I
maintain such routine. It is not true to say that I cannot see properly
during night hours. It is not true to say that I cannot identify any person
from distance of 15 to 20 feet, even if he remains in darkness. It is true to
say that about 40 to 50 men and women of our villagers were arrested by
police. It is true to say that the persons who did not give statement in favour
police, were also arrested. It is not true to say that I gave statement due to
fear of police. It is true to say that I gave statement to CBI after 2 ½ months
of the incident. Police have camp in our village since the time of incident.
Initially 50 policemen were there, but it was now reduced. I do not know
whether 15 to 20 policemen are now present in our village.

11. There are load shedding in our village, but I do not

know hours of it. It is true to say that on the day of incident there was no
electricity in our village from the time when I came to my house at 5.00 p.m.
 8

to 12.00 midnight. It is not true to say that after my return to my house,

there was drizzling of rain. It is true to say that there was sun set on the day
of incident at 6.00 p.m. It is not true to say that there was no light at that
time. Darkness came at about 6.30 p.m. on that day.
12. After the incident many villagers were arrested.I
also came to know that 19 persons are to be arrested. I do not know whether
my name was there in the list of 19 persons. Thereafter, I voluntarily made
statement to police. None tutored me to make statement. It is not true to say
that I felt fear that police will also arrest me.

(At this stage Mr. Jaiswal repeated the same question in somewhat different
manner. But he was asked by me (Judge) not to repeat the same question.
Inspite of it Shri Jaiswal continued to ask the same. While asking question
second time, it was told by Jaiswal, Adv. that this time question will be
different, but it was found that said question was almost same. Question and
answer is repeated here.

Q. Did you feel that among those 19 persons of the list, you will
also be arrested and so due to fear of police, you gave statement to police ?

A. Yes.

(As this question is repeated by breaking all previous practice, question

and answer be ignored as otherwise cross examiner will continue to ask
same question by adding one word or the other, for many times till he gets
favourable answer.)

Cross-examination by Shri N.S.Khandewale, Adv. for

accused Nos. 3 to 7 and 11.

13. It is not true to say that I have a house in the village

Khairlanji. I am outsider. My house is situated outside the main village
 9

called as Toli. I know east and west. I do not know north and south.
Therefore, I cannot tell whether front door my house is facing north or
south. My house is beside the house of Mukesh Pusam. It is true to say that
there is one road which joins the road situated in front of the house of
Bhaiyalal and that road leading to our house is commenced about 300 to 400
feet away from Kandri road. It is true to say that first house beside the small
road , is house of Ramu Shende. It is not true to say that my house is
situated behind the house of Ramu Shende. Witness volunteers that my
house is in front of house of Ramu Shende across the road. There are two
roads at the side of my house. One small road is there in front of my house.
Again there is another road beside my house which also passes through the
place in front of house of Bhaiyalal. It is true to say that people, cattle as
well bullock carts passes through the road which passes through in front of
house of Bhaiyalal. It is true to say that as I remain busy with work of my
employer I do not know what happens in the village. It is not true to say that
as I remain busy in my work I have least relation with villagers. It is not true
to say that I participate in village election. However, I give vote. I give vote
looking to candidate. It is not true to say that I give vote to the candidates of
group of Mukesh Pusam.

14. It is true to say that I am religious minded and do worship

regularly. I worship with full concentration. When I worship I do not
become aware of happenings around me. I did fast in Navarati days and
perform pooja only in the evening. Police gave protection to me and
security man remains with me for 24 hours. I sought police protection.
(Deferred for recess)
 10

(S.S.Das)
Adhoc Addl. Sessions Judge,
Dt. 19.12.2 007. Bhandara

Resumed on S.A.

Further cross-examination by Shri N.S.Khandewale,

Adv. for accused Nos. 3 to 7 and 11.

15. I cannot read and write but can put signature. It is

true to say that after the incident many leaders, ministers came to our village
within two months of it. In that 2 months police arrested many villagers. It
is not true to say that police used to give threat to us that unless I give
statement in their favour they would arrest me. Accused and Mukesh Pusam
may be in rival groups in our village. I know Police Patil of Dhusala Mr.
Gajbhiye, but I do not know his name. It is true to say that Shri Gajbhiye
used to come to the house of Bhaiyalala Bhotmange. I do not know
whether Shri Gajbhiye used to help Bhaiyalal and his family members. I do
not know whether our villagers were afraid of Shri Gajbhiye, as I remain
busy from 6.00 a.m. to 7.00 to 9.00 p.m. It is not true to say that during
Navaratra I am being possessed by Devi Durga. It is true to say that during
Navaratra villagers come to my house for Prasad at evening. It is not true to
say that due to political rivalry with the accused, I am deposing falsely
against them.
Re-examination
-- Nil.

R.O.A.C.

(S.S.Das)
Adhoc Addl. Sessions Judge,
Dt. 19.12.2 007. Bhandara
11