JUDGMENT

1. The Appellant has challenged the Judgment and order dtd. 11/09/2018, passed by learned DJ-2 & Additional Sessions Judge, Sangli, in Sessions Case No.31 of 2011. The Appellant was convicted for commission of offence punishable U/s.307 of the I.P.C. and was sentenced to suffer R.I. for 10 years and to pay a fine of Rs.5000.00 and in default of payment of fine to suffer R.I. for six months. The Appellant was given set off U/s.428 of the Cr.p.c.

2. Heard Shri. Mahindra Deshmukh, learned counsel for the Appellant and Smt. Tidke, learned APP for the Gokhale State/Respondent.

3. The prosecution case is that the Appellant was married to the victim Chandani in this case. They had a son who was about 7 year of age at the time of the incident. The incident took place on 15/09/2010 at about 11.00a.m. Before the incident, the victim was residing separately from the Appellant since about 6 years. The Appellant was doubting her character. He was harassing her and, therefore, she had left him. She was residing with her parents in a different village with her son. The Appellant wanted to continue cohabitation with her. He had even sent notices for cohabitation, but she did not return. The Appellant got married second time and had a daughter from that second marriage. The victim's sister and her sister's husband were residing in the same village as that of the Appellant. The victim had gone to her sister's village for attending a festival. On the day of incident, she had taken her son to a place near the house as he wanted to answer nature's call. While she was standing on the road, the Appellant came with an axe and gave forceful blow on her neck. He gave further blows on other parts of her body. She fell unconscious on the spot. The Appellant ran away from the spot. He concealed the weapon i.e. Axe below a heap of fodder. The victim was taken to hospital. Her parents were informed. Her father gave information to Vishrambaug police station. The F.I.R. was registered vide C.R.No.00 of 2010. Since the incident had taken place within the jurisdiction of Atpadi police station, it was transferred to Atpadi police station and it was registered vide C.R.No.96 of 2010 on 15/09/2010, at about 7.05p.m. The Appellant was arrested in the same night at about 10.00p.m. The investigation was carried out. The statements of the witnesses were recorded. The axe was recovered at the instance of the appellant. The clothes of the Appellant and the clothes of the victim were seized. The articles were sent for C.A. examination. The investigation was completed and the charge-sheet was filed. The case was committed to the Court of Sessions.

4. During trial, the prosecution examined seven witnesses including the victim, her father, her nephew, the Medical Officer, the panchas and the Investigating Officer. Besides oral evidence, the C.A. reports were produced on record. The defence of the Appellant was of total denial. According to him, somebody else had assaulted the victim and because of the strained relationship, he was implicated falsely. After considering the evidence and submissions, learned Trial Judge convicted and sentenced the Appellant, as mentioned earlier.

5. The victim was examined as PW-6. She has deposed that, she had got married with the Appellant about 10 years before the incident. At the time of incident, their son was 7 years of age. The Appellant was addicted to liquor. He used to suspect her character. He used to beat her after consuming liquor. About 7 years before the incident, she had left the Appellant because of this harassment. She started residing along with her son with her parents at village Shingurdi. The Appellant was residing in the village Banpuri. The Appellant tried to call her back through her relatives, but she was apprehensive and she did not return. Her elder sister Suvarna married to one Sanjay Mandale. He was also residing in Banpuri. PW-6 had gone to Suvarna's house for a festival. She had gone along with her son. On t