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SPL. CRIMINAL CASE NO. 1 / 07 EXH.NO. 98

Deposition of Witness No. 10 for the prosecution.

I do hereby on solemn affirmation state that -

My name Anil Father's name Chiku Lede

Age about 29 years Occupation Agriculturist
Residence Khairlanji Tah. Mohaadi District Bhandara.

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

I have studied upto 8th Std. I am residing at

Khairlanji since my birth. On 29.9.2006, I went to Mohadi Court
alongwith others for taking bail of Pankaj Athilkar. On that day I
alongwith accused Nos. 1 Gopal, No. 2 Sakaru, , No. 4 Mahipal. No.,6
Vishwanath, No. 8 Jagdish, Bhojraj Dhande, Ambilal Khurpe,
Nanhya Mandalekar, Pankaj Athilkar and others went to Mohadi
Court in tractor of Umesh Dhumankhede. On that day we left
Khairlanji at about 10.00 a.m. We first went to Andhalgaon Police
Station at about 10.30 a.m. After 5 to 10 minutes we proceeded for
Mohadi Court. We reached Mohadi Court at about 11 to 11.30 a.m.
Bail papers were then made ready by 3.00 p.m. I then stood
surety for Pankaj Athilkar. I Stood as surety for Pankaj Athilkar on
his request. Meanwhile, accused No. 9 Prabhakar Mandalekar
told me that he received phone from Kandri that Rajendra
Gajbhiye, brother of Sidharth Gajbhiye, took out sword for Khairlanji
villagers. Thereafter, at about 4 to 4.30 p.m. we those persons left
Mohadi Court for Khairlanji village in that tractor. We reached
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Khairlanji village at about 5.00 to 5.30 p.m. Then, myself and Pankaj
Athilkar alighted from tractor in front of my shop situated near
primary school. Thereafter, I went to my shop.

2. My father went to temple and returned to our

shop by 6.00 p.m. Thereafter, I went to my house. On that day, due to
snake bite, my sister-in-law had swollen leg. I have 2 houses at our
village. One house is adjacent to our shop and second is in main
village. I went to the house situated behind our shop, from that shop.
By that time Pankaj Athilkar came to me. My sister-in-law told me to
go to Prakash Kadhav and to bring medicine for snake bite. Therefore,
myself and Pankaj Athilkar went to Prakash Kadhav. We brought
Prakash Kadhav to my sister-in-law. Prakash Kadhav gave treatment
and medicine to my sister-in-law. I alongwith Pankaj Athilkar attended
my sister-in-law till 8.00 p.m. Thereafter, Pankaj Athilkar and
Prakash Kadhav went to their houses and I went my other house to
take dinner.

3. Thereafter, at about 9.00 p.m., I proceeded to

my house adjacent to the shop for tying cattle. Then, on the way near
our shop accused no. 2 Sakru met me. He requested for kharra (Pan-
masala). I said that I did not have Kharra. I then asked him where he
went at such night. He then told me that 4 Bhotmange family members
were murdered. Then I asked him who murdered them. He then told
me that Prabha Mandalekar (accused no. 9), Jagdish Mandalekar
(accused no. 8), Shatrughan Dhande (accused no. 3), Ramu
Dhande(accused no. 7), Gopal Binjewar(accused no. 1), Shishupal
Dhande (accused no.11) and he himself (Sakaru Binjewar) committed
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murders. Thereafter, he proceeded to his house and I proceeded to my

house.

4. CBI recorded my statement. I also made

statement before Judicial Magistrate. I narrated same facts to them.

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

accused Nos. 3 to 7 and 11.

5. Andhalgaon police station is 4 to 5 kms. away

from our village. Distance between Andhalgaon Police Station and
Mohadi Court, is about 10 kms. Khairlanji village is about 15 kms.
away from Mohadi Court. Pankaj Athilkar was an accused in case
relating to beating Sidharth Gajbhiye. Sidharth Gajbhiye was beaten
on 3rd day of a month, but I do not remember that month. I do not
know what action was taken by police, when we went to Andhalgaon
police station. It is true to say that police took accused of that crime in
their vehicle to Mohadi Court and rest of them proceeded to that place
in the tractor. It is true to say that police produced those accused before
Mohadi Court at 3.00 p.m. It might took 1 hour for argument for bail.
Witness volunteers that at any rate they left from there at about 4 to
4.30 p.m. It is not true to say that there were about 20 to 30 accused in
that case. I do not remember how many accused were there in that
case. We about 10 to 15 persons left from Khairlanji on tractor.
It did so happen that about 5/6 persons left Khairlanji in two
motorcycles for Mohadi Court, alongwith our tractor. It is true to say
that it took another one hour for magistrate to accept bail papers. We
all toghether left Mohadi Court. On the day we filled diesel in our
tractor at Mohadi. We did not take snacks on the way. It took about 1
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to 1 ½ hours to reach Khairlanji.

6. It is true to say that after I alighted from

tractor, said tractor stopped in front of shop of Sakharam, and there all
the passengers alighted from it. It is true to say that those persons then
dispersed for their houses. Thereafter, only Pankaj Athilkar of those
persons met me on that day. Prakash Kadhav resides at about 2/3
houses away from our shop. Prakash Kadhav is not doctor, but he gives
medicine for snake bite. It is true to say that Prakash Kadhav, Pankaj
Athilkar and myself were with my sister-in-law till poison subsided
from the leg of my sister-in-law. It is true to say that it takes 2/3 hours
for subsiding snake poison. It did not so happen that after 2/3 hours as
my sister-in-law did not get any relief, we took her to Mohadi hospital.
It is not true to say that I made statement to CBI and Judicial
Magistrate, as per the wishes of CBI.

7. I do not remember whether police and CBI took

me to Judicial Magistrate Mohadi in their jeep. After 2/3 days of I
went to CBI, I went to Mohadi Judicial Magistrate. When my statement
was recorded by Judicial Magistrate police and CBI officers were out of
court hall and were at veranda. There is veranda beside court hall at
Mohadi. I do not remember whether myself and CBI looked each other
while recording statement.
(Cross-examination is deferred as court time is over)

(S.S.Das)
Adhoc Addl. Sessions Judge,
Dt. 1.9. 2007. Bhandara
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Dt. 12.9.2007
P.W. 10 resumed on S.A.

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

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

8. I know Sunil Lede. He is my real brother. At

the time of incident Sunil Lede was present in our house. It is true to
say that after the incident police arrested Sunil Lede. It is true to say
that I was absent in the village for about 1 ½ month after the incident. I
do not know whether Sunil Lede gave any statement to police.

9. It is true to say that my mother contested Gram

Panchayat election. It is true to say that Mukesh Pusam, Suresh
Khandate and Bhaiyalal Bhotmange helped my mother in that election.
I cannot say whether the accused Nos. 1 to 9 and 11 helped opposition
candidate of my mother. It is true to say that there are 2 rival groups in
our village, one is of my mother and another is of the accused Nos. 1 to 9
and 11. It is true to say that after recording of my statement by CBI
and by Judicial Magistrate, my brother Sunil was released by Court. I
do not know whether CBI sought for discharge of my brother Sunil. It
is not true to say that I deposed falsely at the instance of CBI.

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

Nos. 1, 2, 8 and 9.

10. I am now shown my statement recorded by

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Judicial Magistrate. Its contents were read over to me by Hon'ble

Judicial Magistrate. Portion regarding signature of this witness is
marked as Exh. 100. I told CBI that on the night of incident accused
No. 2 Sakru asked for Kharra, but I could not give the same to him. I
also told CBI that I asked accused No. 2 Sakru as to where he went at
such night hours and then he replied. I cannot assign any reason why
these two facts are not mentioned in my statement. I told CBI that
when I asked where he went, accused no. 2 Sakru replied that 4
members of Bhutmange family were killed and then I asked him who
committed their murder. I am now shown my statement. It do show
such fact. (It was observed by this Court that this fact is in declaratory
form made by accused no. 2 Sakru and not in answers to 2 questions
which partly show that 4 members of Bhotmange family were murdered
and other part being who were the murderers.) Again I say that it is
not mentioned in the statement recorded by CBI that I asked Sakru as
to who committed murders. (While referring the statement to the
witness when previous question was asked, witness replied that 3 names
were not told by him, although mentioned in the statement recorded by
CBI. These names are – Mahipal Dhande, Dharmapal Dhande and
Vishwanath Dhande.) I did not tell CBI that Mahipal Dhande,
Dharmapal Dhande and Vishwanath Dhande committed murder,
although same is written in portion marked 'A'. CBI read over my
statement to me. These names at portion marked 'A' were not read
over to me. It did not so happen that CBI recorded my statement as per
their wishes and did not read over the same to me.

11. It is true to say that age of accused Sakru is

about 50 to 55 years. He is residing at Khairlanji village since about 10
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years. I did not use to go to his house. He some time used to come to
my house. He did not use to come to my house frequently. I have a
beetle kiosk at my village. Accused No. 2 Sakru used to come to
my beetle kiosk for purchasing kharra (pan-masala). Our talk was like
that of customer and shop-keeper.

Q. Are you man of confident of Sakru.

A. Now a days no one repose faith on other. Sakru reposed
faith on me.

12. Sakru never kept Rs. 2000/-, 5000/- or 10,000/- to me and

went away. He never kept Rs. 100/- to Rs. 200/- to me. It is not true to
say that he had no faith on me even to keep Rs.100/-, so he did not keep
that much amount with me. Sakru some time used to tell me about his
family problem.

13. My brother was arrested on the next day of

incident. From that time I was not in the village. It is true to say that
police
arrested about 50 major male persons from my neighbourhood. It is
not true to say that I absconded from village to prevent my arrest. I do
not remember whether CBI and Judicial Magistrate recorded my
statement before or after release of my brother on bail. On the next day
of incident I went to Koradi to stay there. There I received phone call
from my father that police took my name. It is not true to say that my
father told me that police were searching for me. I stayed at Koradi at
the house of my relative. It is true to say that in that period I did not do
any job there. My relatives provided me food in that period. It is true
to say that CBI met my father before recording my statement. It is not
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true to say that CBI asked my father to call me from Koradi to record
my statement. It is not true to say that CBI assured my father that if I
give statement, then they will not make me accused. It is not true to say
that CBI assured me that they will discharge my brother. It is true to
say that my brother Sunil released on bail in new year.

14. It is true to say that when Sakru met me, he

was in drunken condition. It is not true to say that he was murmuring
about any thing under influence of liquor. I again say that Sakru was
murmuring like a drunken man. It is not true to say that Sakru did not
tell name of any accused to me and that I deposed falsely due to
pressure of CBI. It is not true to say that I made false statement to
Judicial Magistrate under the pressure of CBI. It is not true to say that
I came to Court in the vehicle of CBI.
Cross-examination by Shri Ninad Bedarkar, Adv.
for accused No.10.
-- Declined.

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

(S.S.Das)
Adhoc Addl. Sessions Judge,
Dt. 12.9.2007. Bhandara
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