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

97

Deposition of Witness No. 9 for the prosecution.

I do hereby on solemn affirmation state that -

My name Hemantkumar Father's name Umeshji Khandate

Age about 21 years Occupation Agriculturist
Residence Khairlanji Tah. Mohaadi District Bhandara.

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

I am residing at Khairlanji since my birth. On 29.9.2006,

at about 6.30 p.m. I returned to my house from my field. Then I heard
shouts of about 25 to 30 persons and also heard sound to stumping of sticks
on road. As I was frightened, I did not come out of my house. After taking
dinner in between 8.30 to 9.00 p.m., I came out of my house. I then found
peace at outside and so I came inside my house and then slept. On the next
day morning, I came to know that Bhotmange family members were beaten.

Cross-examination by Shri Sudip Jaiswal, Adv. for accused

Nos. 1, 2, 8 and 9.

(Shri Jaiswal, Advocate absent. Accused No. 1,2,8 & 9

declined to cross examine the witness.)
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Cross-examination by Shri N.S.Khandewale, Adv. for

accused Nos. 3 to 7 and 11.

2. I reside at the Khairlanji main village. It is true to

say that house of Bhaiyalal Bhotmange is at the outskirt corner of Khairlanji
village. It is not true to say that there is Gram Panchayat office in between
my house and that of Bhaiyalal Bhotmange. Witness volunteers that there is
open land between my house and that of Bhaiyalal Bhotmange. It is true to
say that people passes through the road in the evening also, which is situated
in front of my house. It is true to say that villagers sleep by 9.00 to 9.30
p.m. after taking dinner. There is no fix time of my return from field. I told
about my return to my house at about 6.30 p.m. on that day, was only by
guessing and it can also be about 7.00 p.m. It is true to say that some
villagers take sticks while going and returning from field. Before CBI
recorded my statement, Andhalgaon police did not record my statement. It is
not true to say that I made statement to CBI, as per the say of CBI. It is not
true to say that I deposed in the Court today as per the say of CBI.

Cross-examination by Shri Ninad Bedarkar, Adv. for

accused No.10.

3. My house is situated about 200 feet away from

Gram Panchayat Office. Road in front of my house goes to main Khairlanji
village, while back side road goes towards Kandri village. Dhusala road is
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about 75 feet from my house. One can go to house of Bhaiyalal Bhotmange

both by Dhusala road and also by Kandri road. It is true to say that
house of Bhaiyalal Bhotmange is situated beside a road which joins Kandri
road and Dhushala road. It is not true to say that distance between my
house and that of Bhaiyalal Bhotmange, is about 1000 to 1500 feet. It is
true to say that there was water in that open land as well as in the dung pit
situated in that open land. I was not on visiting term with Bhaiyalal
Bhotmange. It is not true to say that I learnt about the incident on the next
day by reading news paper. After the incident, I did not go to police station.
Police did not make enquiry from me. Portion marked 'A' of my alleged
statement recorded by Andhalgaon police, which shows the fact that I came
to know about the incident on the next day from news paper, is not correctly
recorded. I do not remember whether there was raining between 6.30 p.m.
to 7.00 p.m. There was electric light on that day between 7.30 to 8.30 p.m.
It is not true to say that I deposed false.

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

(S.S.Das)
Adhoc Addl. Sessions Judge,
Dt. 1.9.2007. Bhandara