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.

2. The facts of the prosecution case, in brief, can be stated as under:

One Janabai Susware was working as a nurse in the Rural hospital, Dattawad. She had taken one room on rent in the house of one Malik Nadaf - father of the appellant. This room was situated close to Rural hospital i.e. within the distance of about 500 feet. That. on 14.8.1995, Janabai had to go for duty at 2.00 p.m. A few minutes prior to 2.00 p.m. the appellant entered in her room and questioned her as to what she had told to his father. Janabai told him that she had not told anything (about the appellant) to his father, and that he could inquire with his father. Saying so, she went out of the room, and informed the appellant's father about the incident. She then, started going towards the hospital for her duty when the appellant came from behind and by putting a handkerchief around her neck, tried to strangulate her Janabai shouted. One Kalagond Patil (PW2) came there and rescued her. Some members of the staff of the hospital also rushed there Janabai had become unconscious. She was taken to hospital and was examined there by Dr. Mahendra Mane (PW5). She was then sent to C.P.R. Hospital, Kolhapur, for further treatment. She regained consciousness on the next date in C.P.R. Hospital, where she was admitted till 20.8.1995. Her statement recorded by the police on 15.8.1995 while she was admitted in C.P.R. Hospital, was treated as the First Information Report (FIR) and investigation commenced. The panchnama of the spot was drawn. The appellant was apprehended. The handkerchief used by the appellant was recovered at the instance of the appellant under a panchnama. On completion of investigation, charge-sheet alleging commission of an offence punishable under Section 307 of the IPC was filed against the appellants pursuantto which the appellant was prosecuted and convicted as aforesaid.

3. The prosecution examined ten witnesses during the trial. Apart from lanabai (PW I) - the injured herself, Kalagond Patil (PW2) and Sharad Pande (PW3), who claimed to be the eye witnesses to the incident, were examined. The other witnesses are: Prakash Dakare (PW4) - a panch in respect of the seizure of the handkerchief, pursuant to the information disclosed by the appellant, Dr. Mahendra Mane (PW5), who had examined Janabai at the Rural Hospital, Dattawad, Dr. Sanjay Padhye (PW6) - who had examined Janabai in C.P.R. Hospital, Shantaram Patil (PW7) - who had recorded the statement of Janabai in C.P.R. Hospital, Vilas Patil, A.P.I.(PW8) - who had registered the crime on the basis of the said statement, Shankar Patil, A.P.I. (PW9) - the Investigating Officer and Dilip Chougule A.P.I. (PW10) - who filed charge-sheet against the appellant.

4. 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.

5. Janabai, in her evidence, stated that on 14.8.1995, when she was about to leave her house for going to duty, the appellant came and asked her whether she had told anything against him to his father. That, she had then asked him to inquire in that regard with his father only and to go out of the room, as she had to leave for her duty. According to her, when the appellant entered inside her room, he had closed the door from inside by putting a chain. Janabai opened the door and went out. She complained to the appellant's