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PW 7 CHHOTELAL SAWWALEKHE

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17 views5 pages

PW 7 CHHOTELAL SAWWALEKHE

Uploaded by

sanjay
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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1

SPL. CRIMINAL CASE NO. 1/07 EXH.NO.. 90

Deposition of Witness No. 7 for the prosecution.

I do hereby on solemn affirmation state that -

My name Chhotelal Father's name Namdeo Sawwalakhe


Age about 31 years Occupation Agriculturist
Residence Wadegaopn Tah. Mohaadi District Bhandara.

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

I own 4 acres of agricultural land at village Wadegaon.


My agricultural field is adjoining to canal. On 30.9.2006, at about 7 to 7.30
while I went to canal to take water for field, I found about 15/20 persons
gathered on canal. I also went there. Then I saw a dead body of a girl was
floating in the canal water in the bushes. The dead body was in naked
condition and its hair was entangled in the bushes. Dead body was floating
in water with back at up side direction. Then Sarpanch was called there.
Sarpanch made phone to police. Then police came there. Thereafter, Nanaji
Gharjare and Yeshwant Bandate pulled out the dead body from canal and
kept it on the bank of canal. Yeshwant Bandate kept one handkerchief on
the dead body. On one hand of that dead body word Priyanka was scribed.
There were many injuries on the person of that deadbody. There was one
bangle in one hand and one ring in one ear of that dead body. There was
bleeding injury at the back side portion of head of that dead body and blood
was oozing out from the injury. I noticed marks of injuries at her back,
hands and legs. Photo of the dead body was taken. I can identify such
2

photo.
(Deferred for recess.)

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

Resumed on S.A.
Further examination-in-chief by Shri Ejaz Khan, Adv.

2. I am now shown six photographs. Photos of dead


body were taken at that time. These are marked at Articles – L to Q.
Thereafter, police prepared panchanama of that dead body. Contents of
panchanama were read over to me and other panchas, Tukaram s/o Dayaram
Vaidya and Shila Shalikram Mate. We then put our signatures on it. I am
now shown one inquest panchanama. It bears my signature and that of other
panchas. Its contents are correct. It is marked as Exh.91. Police also
prepared spot panchanama of that place in my presence. I am now shown
one spot panchanama. It bears signatures of Sarpanch Tukaram Dayaram
Vaidya and Shila Mate. Its contents are correct. It is marked as Exh. 92.
Thereafter, that deadbody was taken away in a tractor.

3. On the next day i.e. on 1.10.2006, police


came and asked me whether I can drive tractor and I replied in affirmative.
Then I took meal and went to canal. Then 3 dead bodies were kept on
tractor. I then drove that tractor carried those dead bodies to Mohadi Govt.
Hospital. Those dead bodies were taken out from tractor in the Govt.
hospital. Those dead bodies were having injuries on their persons.
3

Thereafter, I went away from there with tractor.

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


Nos. 1, 2, 8 and 9.

4. On 29.9.2006, police reached there after half an


hour of my arrival there. Police immediately started procedure of
panchanama. Police scribed for about an hour.

Q. Is it not true to say that after an hour of police reaching


there, they obtained your signature on those panchanmas ?

A. After 1 ½ hours of pulling the dead body, police obtained


my signatures on those panchanamas.

5. It is not true to say that police came at 8.00 a.m.


near the canal. I studied upto 12 th std. I know time by guessing. Police
reached there by 9.00 to 9.30 a.m. After about an hours of my arrival, dead
body was pulled out. That dead body was pulled about 9 a.m. Those
panchanamas were prepared by 10.30 to 11.00 a.m. I was not wearing
wristwatch, and therefore, I cannot tell whether panchanama was completed
till 12.00 a.m. or 1.00 p.m. On the west side of that place the canal continued
and thereafter there is a forest. There is a Salebardi-Wadegaon road towards
east side. Towards north there is my house about 150 feet away and there is
a pond at southern side of that place.

Q. Whether all these boundaries are not mentioned in spot


panchanama Exh. 92 ?

A All these four boundaries are mentioned in spot panchanma.


4

6. Police scribed in that panchanama that they read


over the contents to us. The witness answered this question after thrice
telling that the police read over contents of panchanamas to us. I am now
shown panchanamas Exh. 91 and 92, these do not show such fact. It is not
true to say that I deposed falsely as tutored by CBI.

Cross-examination by Shri Lakhnikar, Adv. foraccused


Nos. 3 to 7 and 11.

7. Andhalgaon police did not record my statement


except panchanamas. CID recorded my statement at Salebardi. It is not true
to say that CID already brought a written document and then obtained my
signature on it, without reading contents of it. The photos of dead body
were taken after it was taken out of canal water. It is not true to say that
police obtained my signature on panchanamas, while I was working on
machine at Salebardi. CID recorded my statement on 20.12.2006 after
recording my statement by CBI. I was not acquainted with those policemen.
It is not true to say that I deposed falsely at the instance of CBI.

Cross-examination by Shri Ninad Bedarkar, Adv. for


accused No.10.

8. On 1.10.2006, when police came to me they told


me that I have to drive a tractor to carry dead bodies, but they did not tell me
where to take those dead bodies. At that time I did not ask them as to where
dead bodies were to be taken. Police came at about 10.00 a.m. At that time
I was not knowing whose dead bodies those were. It is not true to say that I
was aware of whose dead bodies those were and therefore I did not ask them
5

as to whose dead bodies those were. I am not acquainted with Bhaiyalal


Bhotmange. It is not true to say that I was already acquainted with
Bhaiyalal Bhotmange and therefore I deposed in his favour.

Re-examination
-- Nil.
R.O.A.C.
(S.S.Das)
Adhoc Addl. Sessions Judge,
Dt. 23..8.2007. Bhandara

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