Interim Order 3

Order Details: Copy of Evidence
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C.C. No. 2277/PW/2018 Exh - 15
Deposition of Witness No. 02 for Prosecution.
I on solemn affirmation depose as under :
My Name : Eubal Domnic D’souza
Age : 57 years Occupation : Nil
R/o. : 32/A, John D’souza House, Church Pakhadi, Road No.2,
Sahar Village, Andheri(E), Mumbai.
Exam.-in-chief by APP Shri. Shri. Jamdhade for the State:-
1. Incident occurred on 09.06.2017 at about 06:00 p.m. at
market at Road No.2, Church Pakhadi, Sahar, Andheri(E). On the day of
incident, a mob came to our vegetable cart and they started hitting us
with rod and sticks. I could not see the assailants during incident. It did
not so happen that on the day of incident accused assaulted us. I did not
stated to the police while giving statement that accused assaulted us.
(Note :- At this stage the Learned A.P.P. submitted that the witness
reslied from his earlier statement. Hence, he be permitted to put the
leading questions to the witness in the nature of cross-examination.
Permission is granted.)
Cross-examination by Learned AP.P Shri. K. S. Jamdhade
2. Police recorded my statement as per my assertion. My
attention is now drawn to Portion mark ‘A’ appearing in the statement
recorded under my name. It is not true to say that the police recorded the
contents of portion mark ‘A’ as per my assertions. It is true to say that
we have amicably settled the matter out of Court with accused as they
are my neighbours. It is not true to say that hence today I am deposing
false today.
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Examination-in-chief is completes
Cross-examination by Learned Counsel for accused Mr. S. P. Ramdasi
Declined.
No re-examination
Witness is discharged.
R.O.A.C
Sd/-
(Ms. G. D. Nirmale)
Addl. Chief Judicial Magistrate,
22nd Court, Andheri, Mumbai.
Date : 16.03.2026
Before me,
Sd/-
(Ms. G. D. Nirmale)
Addl. Chief Judicial Magistrate,
22nd Court, Andheri, Mumbai.
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