ASHPAK MALIK NADAF Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the judgment and order delivered by the Additional Sessions Judge, Kolhapur, in Sessions Case no. 2 of 1996 before him, convicting the appellant, who was the sole accused in the said case, of an offence punishable under Section 307 of the Indian Penal Code (IPC), and sentencing him to suffer Rigorous Imprisonment for Five years and to pay a fine of Rs. 1,000/-, in default, to suffer Rigorous Imprisonment for One month. The facts of the prosecution case, in brief, can be stated as under:

(2.) The prosecution examined ten witnesses during the trial. Apart from Janabai (PW 1) - the injured herself, Kalagond Patil (PW 2) and Sharad Pande (PW 3), who claimed to be the eye witnesses to the incident, were examined. The other witnesses are: Prakash Dakare (PW 4) - a panch in respect of the seizure of the handkerchief, pursuant to the information disclosed by the appellant, Dr. Mahendra Mane (PW 5), who had examined Janabai at the Rural Hospital, Dattawad, Dr. Sanjay Padhye (PW 6) - who had examined Janabai in C.P.R. Hospital, Shantaram Patil (PW 7) - who had recorded the statement of Janabai in C.P.R. Hospital, Vilas Patil, A.P.I. (PW 8) - who had registered the crime on the basis of the said statement, Shankar Patil, A.P.I. (PW 9) - the Investigating Officer and Dilip Chougule A.P.I. (PW 10) - who filed charge-sheet against the appellant.

(3.) I have heard Ms. Radhika Kamat, the learned counsel for the appellant. I have heard Mr. R.M. Gadhavi, the learned APP for the State. I have gone through the evidence adduced by the prosecution during the trial. I have carefully gone through the impugned judgment and order.