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SPL. CRIMINAL CASE NO. 1/07 EXH.NO.. 85

Deposition of Witness No. 6 for the prosecution.

I do hereby on solemn affirmation state that -

My name Dilip Father's name Dhanraj Ukey

Age about 42 years Occupation Contractorship
Residence Warthi Tah. Mohaadi District Bhandara.

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

I reside at Warthi. On 1.10.2006 at about 7.00

a.m. I proceeded to my native village Jam alongwith Shishupal Bagade, on
my motorcycle. When we reached Chicholi village, we stopped near a tea-
stall to take tea. There we heard discussions of villagers that dead bodies
were found in the canal. We felt that we should also go there. Then myself
and Shishupal Bagade went to the canal which was half a Km. away from
that place.

2. About 15/20 people and 5/6 policemen were present

there. Then I noticed a deadbody in the canal water in the shrub of
Kanbaheri flowers. Then police took out that deadbody from there with the
help of one Shri Nimje and kept the same at the bank of canal. Police asked
people standing there to stand as panch witness, but they refused. When
police asked me whether I am ready to stand as panch witness, then I agreed
for the same. Shishupal Bagade also agreed to stand as panch witness. That
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dead body was of a boy aged 18/19 years. Police then called one person
who identified that boy to be his son. I came to know that name of said
person is Bhaiyalal Bhotmange and that dead body was of Roshan Bhaiyalal
Bhotmange. Before that I was not acquainted with Bhaiyalal Bhotmange.
There were bluished chequer shirt and a muddy vest on his person. Police
removed that shirt and vest. Police showed the deadbody to us by turning it
both sides. We found testicle of that deadbody was swollen. He was having
head injury. There were marks of chain injuries on his hands, legs, back and
stomach. I also found blackish marks of injuries at his stomach, back and
legs which might have caused due to stick blows. Thereafter police
prepared panchanama of that deadbody. Then, myself and Shishupal
Bagade signed on it. I am now shown one inquest panchanama. It bears
signatures of Shishupal Bagade and that of mine. It is the same panchanama
of deadbody of Roshan Bhotmange. Its contents are correct It is marked as
Exh. 86.

3. Police told me that 2 other dead bodies were found

in the canal. Therefore, we proceeded half a km. by the side of canal from
the place, where first dead body was found. Then we saw one another dead
body in the shrub of canbaheri in the canal water. We felt from its clothes,
that it was dead body of a female. Police through Shri Nimje took out that
dead body from canal and kept the same at the bank of canal. Then
Bhaiyalal identified that deadbody to be of his wife Surekha Bhotmange.
Police showed the dead body by turning its both the sides. There were a
red colour blouse and a red colour petticoat on person of that dead body.
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Her head was smashed from her forehead to the back side. There were
marks of injuries on her both the hands. There was injury on her right leg.
There was chain mark of injury at her right back. There were number of
black injuries on her entire body. Police prepared panchanama of that dead
body of Surekha Bhotmange at that place in presence of we panchas. At
that time one lady panch Smt. Meshram was also present there who was also
shown that deadbody. I am now shown one inquest panchanama. It is the
same panchanama of deadbody of Surekha Bhotmange. It bears signatures of
Shishupal Bagade, Smt. Meshram and that of mine. Its contents are correct.
It is at Exh. 87.

4. As per the say of police we further proceeded to a

distance of a half km. by the side of canal. Then we noticed one another
deadbody floating upside down in a shrub of canbaheri in the canal water.
Police took out that dead body through Shri Nimje and kept the same at the
bank of canal. Bhaiyalal Bhotmange then identified the said deadbody to be
of his son Sudhir Bhotmange. That deadbody was of a boy aged 21/22
years. There was a mud colour underwear on person of that dead body.
That deadbody was shown to us by turning it both sides. There were injuries
at its left side as well right side of back portion of head. There were injuries
at its forehead, stomach and below eyebrow. There were many marks of
chain injuries as well as blackish injuries of stick on various parts of that
dead body. Its testicles and penis were swollen. When its underwear was
removed, we found that he passed stools. Police prepared panchanama of
that dead body in presence of we panchas at that place. I am now shown one
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inquest panchanama of dead body of Sudhir Bhotmange. It is the same
panchanama. It bears signatures of Shishupal Bagade and that of mine. Its
contents are correct. It is marked as Exh. 88.

5. In each of the occasion police took photographs of

each deadbody where it was found and then each of those dead bodies after
it were kept at the bank of canal. I can identify those photographs. On
11.12.2006 CBI called me and showed panchanamas Exh. 86 to 88. I told
them that those are correct as per the writing made at those places.
(At this stage learned Spl. Prosecutor requested for time till
recess to bring original photographs and therefore examination in
chief is deferred.)

(S.S.Das)
Adhoc Addl. Sessions Judge,
Dt. 9.8.2007. Bhandara

PW-6 Diip Ukey

resumed on S.A.

Further examination-in-chief by Shri Ejaz Khan, Spl. P.P.

6. I am now shown 9 photographs of which 4 are of Surekha

and 5 are of Sudhir. These are at Articles - C to K.

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

Nos. 1, 2, 8 and 9.

-- Shri Sudip Jaiswal, Adv. absent.

Accused Nos. 1,2,8 & 9 present in person, but declined to

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

accused Nos. 3 to 7 and 11.

7. I am a civil contractor. I accept private

construction work. I have no licence for such work. Witness
volunteers that no licence is required for private construction. I passed
H.S.S.C. I have no diploma or degree in Civil Engineering. I take part in
politics. I contest elections of Panchayat Samiti from Nationalist Congress
Party. I am sitting member of Panchayat Samiti. It is true to say that I
being in politics I know many people, political leaders, some officers and
some police. If any big offence takes place in my constituency, then I get
information about it. Whenever it is proper, I try to solve people's difficulty.
It is not true to say that before those dead bodies were detected, I was aware
of the incident which took place at the house of Bhaiyalal Bhotmange on
29.9.2006. I was taking Shishupal Bagade to Jam for my personal work.
Shishupal Bagade is also a social worker. Village Chicholi is situated about
20/21 Kms. from Warthi. Village Jamb is situated at about 7/8 Kms. from
Chicholi. That canal flows from west to east. It is not true to say that when
I went to the first place, deadbody of Roshan was already pulled out. It is
true to say that Kanbaheri shrubs are at the bank of canal. It is not true to
say that 2/3 persons pulled out those deadbodies. The canal water was
flowing. I could not know whether flow of water was in speed or not, as I
did not step into canal water. Water was waist deep from the places dead
bodies were pulled out. I cannot tell breadth of the canal at those different
places. I did not give any statement to CBI on 11.12.2006. Witness
volunteers that CBI verified about the panchanamas by calling me. Nothing
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was verified in writing. I did not give any statement to CID. I did not give
any statement to Andhalgaon Police except inquest panchanamas.

8. After four months of incident, Bhaiyalal came to

stay with me and since then he is residing with me. I do not know whether
Bhaiyalal before coming to my house, used to reside with Rashtrapal
Narnavare. It is true to say that Bhaiyalal Bhotmange got financial aid after
the incident. It is true to say that with my help, Bhaiyalal kept the amount
in a Bank at Warthi. Police measured sizes of injuries found on the persons
of those dead bodies, but I do not remember now about sizes of such
injuries. It did not so happen that police scribed the panchanamas and I
only put signatures on it. On the day photographs of dead bodies were
taken, I did not see those photographs. I do not know the name and address
of that photographer. It is not true to say that such photographs were not
taken in my presence. It is not true to say that I did not visit those places
where dead bodies were found and that I only put signatures on the
panchanamas at the instance of police. I did not receive any summons to
come to Court. It is not true say that I being close to Bhaiyalal Bhotmange, I
deposed falsely at his instance and also at the instance of CBI.

Cross-examination by Shri Ninad Bedarkar, Adv. for

accused No.10.

9. When I was at tea stall, I was not aware whose

dead bodies were found. At that time I did not ask whose dead bodies were
found. On reaching the first place, I did not ask whose deadbody it
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was. I do not know whether police prepared any other document apart from
preparing inquest panchanamas. Police seized those clothes of deadbodies.
I do not know whether police prepared seizure panchanamas of those
clothes. I put one signature each on 3 documents. Thereafter, I did not go
to police station. I saw these photographs for the first time today. It is not
true to say that I am deposing falsely to implicate the accused. It is not true
to say that inquest panchanamas were already prepared and I only put my
signatures without reading its contents.
Re-examination
-- Nil.
R.O.A.C.
(S.S.Das)
Adhoc Addl. Sessions Judge,
Dt. 9.8.2007. Bhandara
(Dt. 23.8.2007)

Witness recalled as per order on Exh. 89

PW-6 Dilip Ukey

Resumed on S.A.

Cross-examination by Shri Sudip Jaiswal, Adv. for

accused Nos. 1, 2, 8 and 9.

10. I am elected member of Panchayat Samiti from

Mohagaon.The place where dead body was found is about 22 ½ to 23 Kms.
away from my house at Warthi. The distance between Chicholi and
Wadegaon where first dead body was found, is about 3 kms. Distance
between the place where first dead body was found and last dead body was
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found, is about 1 to 1.25 kms. It is not true to say that before I reach those
places, dead bodies were already pulled out from canal. Witness volunteers
that those dead bodies were taken out in my presence. It is Mr. Nimje who
pulled out all the dead bodies and not by police. Mr. Nimje pulled out the
dead bodies as per the order of police therefore I earlier stated in my
examination-in -chief that police with the help of Nimje pulled out dead
bodies from canal. (At this stage Shri Jaiswal, Adv. repeated the same
question again which was already answered by the witness that question is in
the form as follows, “You stated in your examination-in-chief that police
with the help Nimje pulled out those dead bodies, whereas you stated in
cross examination that Mr. Nimje alone pulled out dead bodies and so which
of your statement is correct. As the question was asked repeatedly second
such question is disallowed and so its a answer. I do not know whether
after the incident Rashtrapal Narnavare duped Rs. 25,000/- of Bhaiyalal
Bhotmange. I do not whether Bhaiyal Bhotmange lodged complaintagainst
Rashtrapal Narnavare. I am acquainted with one Khushal Sapate. It is not
true to say that after the incident I lodged complaint against Khushal Sapate
and that he also lodged counter complaint against me. It is not true to say
that on the basis of complaint of Khushal Sapate, police submitted
chargesheet at Bhandara Court against me on the allegation of damaging
shop of Khushal. It is not true to say that I am attending Bhandara Court as
an accused. It is true to say that Bhaiyalal Bhotmange and myself belong to
same caste. It is true to say that after the incident, I took Bhaiyalal
Bhotmange to all agitations of our community regarding this crime. It is
true to say that I told in interview to medias and NGOs that I would support
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Bhaiyalal Bhotmange. It is not true to say that Surekha Bhotmange even
prior to this incident. It is not true to say that quarrel took place between me
and Khushal Sapate as Khushal gave abuses to Surekha Bhotmange. It is
true to say that by and large I attended this court proceedings till the
recording of Suresh Khandate's evidence, till objection was taken by
defence side about my presence in the Court. If Court permits I am ready to
watch this proceeding till the last date. ( Shri Khan objected that this
question is irrelevant and hypothetical. Shri Jaiswal Adv. submitted that this
question is relevant. As this objection was raised at late stage after recording
answer, it is of no use). It is true to say that after the incident whatever
agitations were made as a mark of protest against this crime was guided by
Nagpur MLA Shri Nitin Raut, ex-minister Sushiri Sulekha Kumbhare, Dr.
Milind Mane, Shri Milind Pakhade, Shri Sidharth Gajbhiye and others. I
made agitation in Bhandara district separate from those people. I do not
know whether Sidhargh Gajbhiye took part in agitation. It is true to say that
we demanded that investigation should be made by CBI instead of police. It
is true to say that as per our demand investigation was handed over to CBI
and Special Prosecutor was appointed.

11. It is not true to say that I deposed at the instance of

Bhaiyalal Bhotmange. It is not true to say say that I stood as a witness as I
was already acquainted with Surekha Bhotmange and her family. It is not
true to say that I deposed falsely on behalf of CBI to show support to my
caste-men.
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Re-examination
-- Nil.

R.O.A.C.

(S.S.Das)
Adhoc Addl. Sessions Judge,
Dt. 23..8.2007. Bhandara