Baldev back, sticks to 1st affidavit

MUMBAI, April 13: Baldev Singh, a key witness in the encounter probe gone missing since April 1, today appeared before Principal Sessions Ju...

MUMBAI, April 13: Baldev Singh, a key witness in the encounter probe gone missing since April 1, today appeared before Principal Sessions Judge A S Aguiar and stuck to his original affidavit which said he had seen police killing gangster Sada Pawle and his associate Vijay Tandel in cold blood on August 26 last year. However, in his affidavit he says the two were introduced to him by Anand Pawle, Sada8217;s brother, as his cousins Ajay and Bhaskar.

A few days back Baldev8217;s lawyer A M Sarogi had filed a second affidavit on his behalf which said that he was at work when Pawle was killed and that the earlier affidavit was filed under pressure. Along with him three other witnesses 8211; Anand Pawle, his sister Hausabai and wife Anita 8211; too had made a similar volte face. Anand, Hausabai and Anita were subsequently declared hostile after they deposed before the court they had lied and sought pardon from the court. However, as Baldev Singh, an employee of Central Railways, failed to appear before the court a non-bailablewarrant was issued against him on April 2.

Today, during his examination-in-chief he recreated the events of September 26, 1997 leading to the killing of Sada Pawle and Vijay Tandel. He said around 8.30 am that day he received a call from Anand asking him to arrange for a Tata Sumo as he Anand and a few of his family were going to Shirdi. Baldev said he went to Anand8217;s residence at Vidyavihar railway quarters where he met his sister Hausabai, wife Anita and two others who were introduced to him as Anand8217;s cousins Ajay and Bhaskar. Though Baldev had failed to arrange for a Tata Sumo, Anand told him that a Fiat car had already been hired. After lunch they all left for Shirdi.

While Baldev was at the wheel with Anand and Anita on the front seat, Hausabai, Ajay and Bhaskar were seated in the rear. He said just as the car reached the signal on the junction of MG Road, a metallic grey Maruti 1000 intercepted it and five to six armed men surrounded their car. One of them was armed with a sten gun.

He saidone of them peeped in through their car window and began abusing Anand8217;s cousins and asked them to come out. Anand who was sitting in the front got down from the car and pleaded with the gunmen not to kill his brother but he was kicked in his stomach. Baldev said the gunmen then forced open the car doors and pulled out Anand8217;s cousins. He said he saw Anand8217;s sister clinging to Ajay as he was being dragged towards the Maruti. However, before he could protest, Baldev said, one of the gunmen pointed a pistol at him and asked him to alight from the car. As soon as he got down he heard a gun shot and saw Bhaskar slumping to the ground and blood oozing from the left side of his abdomen. Baldev said when he turned he saw Hausabai falling on the ground and one of the gunmen shooting Ajay above the eye-brow from point-blank range.

He also saw a person with a gun in his hand sitting besides Bhaskar and firing at his skull from a distance of two to three feet. The traffic by this time had come to a standstill and apolice wireless had arrived at the spot. Baldev said that one of the gunmen then told him not to worry as they were policemen. He said over 200 people saw all this.

He recalled that the bodies of Ajay and Bhaskar were taken in an ambulance and he was asked to sit in the Maruti 1000 and was taken to Tilak Nagar police station and later to the Nagpada police station lock-up where he spent the night handcuffed. He was released the next evening without anybody asking him any questions. After his release Sub-inspector Hemant Desai, who was among those he saw killing Ajay and Bhaskar, kept in constant touch with him and three to four days later asked him to come over to the Ghatkopar railway station. Baldev said Desai took him to the CST station and made him sign the muster for September 26 and 27. Thereafter Baldev said he was taken to Nagpada police station where he met Assistant Police Inspector Vijay Salaskar. Later he was taken to the computer room where they made him prepare receipts for ticketless travelfines collected on September 26 and 27, 1997.

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Baldev said that he prepared six to seven receipts for the fines and the counterfoils were collected by Desai.