BABAN GHANWAT Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant who was accused in Sessions Case No.446 of 2010, and who shall be hereinafter referred to as the accused, has challenged the judgment dated 11 th October, 2011 whereby the learned Addl. Sessions Judge, Pune has convicted him for the offence punishable under Section 307 of IPC and sentenced to undergo rigorous imprisonment for five years and to pay fine of Rs.500/- in default to undergo rigorous imprisonment for one month.

(2.) Briefly stated the case of the prosecution is that the accused is a neighbor of the first informant PW1 Balasaheb Awati. The accused a chronic alcoholic. On 17.3.2010 at about 7.30 p.m. PW1 was in the balcony of his house, watching a wedding procession. The accused approached him and demanded money to purchase liquor. PW1 refused to give him money. Annoyed and angered by the refusal, the accused abused and threatened PW1. He pulled PW1 towards the rear side of his house and assaulted him with a sickle, and thereby attempted to cause his death.

(3.) PW1 was taken to the hospital. PW5 Chandrakant Shekhare, who was on duty at Khed Police Station had received information that PW1 was admitted in Birla hospital. He visited the hospital and recorded the statement of PW1 and registered Crime No. 52 of 2010 for offences under Section 307 , 504 and 506 IPC. Further investigation was carried out by PW3 Mahesh Dhawan. Upon completion of the investigation, chargesheet was filed. The case being Sessions triable, was committed to the Court of Sessions. Charge was framed and explained to the accused. He pleaded not guilty and claimed to be tried. The prosecution examined in all five witnesses. The statement of the accused was recorded under Section 313 Cr.P.C. The defence of the accused is that of total denial.