Challenge in this appeal is to judgement rendered by learned Additional Sessions Judge, Latur, in Sessions Case No. 47 of 2005 whereby appellant is convicted for offence punishable under section 307 of the I.P. Code and sentenced to suffer rigorous imprisonment for seven (7) years and to pay fine of Rs. 1000/-, in default to suffer rigorous imprisonment for six (6) months more.

2. There is no dispute about the fact that injured Kausarbi is wife of the appellant. She used to reside in rented premises of one Kantabai Suryawanshi in Shrikrishna Nagar locality at Latur. The appellant is a banana vendor. He used to reside at Pune for his business of banana vending. He used to visit his family members after interval of about 1/2 months. He used to reside with them for a short duration and again used to return to Pune for attending his business. Injured Kausarbi and her major sons used to earn their livelihood by doing manual work.

3. The prosecution case, briefly stated, is that the appellant was addicted to liquor drinking. He used to pick up quarrels with the wife (Kausarbi) and beat her. He was staying with the wife and the sons since about couple of months prior to the incident. Marriage of his eldest son by name Vasim, was scheduled on 28th April, 2005. The appellant was asking for handing over the amount of dowry which was received for the purpose of said marriage. Injured Kausarbi had refused to handover such amount to him.

4. The incident giving rise to the prosecution occurred on 21st April, 2005. After the domestic work, injured Kausarbi went to the bath room for cleaning her hands at about 5.30/6 p.m. The appellant reached there and demanded the amount of dowry from her. She refused to comply with the demand. There was exchange of hot words between them. In the fit of anger, all of a sudden, the appellant told her that he will not allow her to spend the amount of dowry, took out knife and stabbed her on her abdomen. She suffered bleeding injury and started shouting. A neighbour and her younger sister Afsarbi, who was present inside the house, immediately assisted her. They took her to the Civil Hospital. She was treated by the Medical Officer. Her statement was recorded by the police. It was treated as First Information Report (Exh-20). The police prepared a spot panchanama. The blood stained clothes of injured Kausarbi were recovered and sealed. The appellant was arrested. The blood stained knife was recovered. On basis of material gathered during course of investigation, he came to be charge-sheeted for an offence of attempting to cause death of the wife injured Kausarbi.

5. At the trial, charge was framed at Exhibit-5. That was duly explained to the appellant. The appellant pleaded ‘not guilty’ to the charge. He denied truth into the accusations. His defence is that of simple denial. He asserted that he was falsely implicated in the case. He asserted that injured Kausarbi always used to quarrel with him and refused him to reside with her. No other reason is shown by him for his alleged false implication.

6. The prosecution examined in all eight (8) witnesses in support of its case. Out of them, PW5 Balaji and PW6 Maksood did not support case of the prosecution. They are the panch witnesses regarding recovery of the blood stained clothes from possession of injured Kausarbi. However, PW Balaji corroborates the spot panchanama (Exh-24). His version reveals that blood stains were noticed at the place of the incident. The spot panchanama (Exh-24) reveals that the incident occurred in the front portion of the house. There were stains of blood found on the East-West road situated on northern side of the residential house of injured Kausarbi. Thus, the topographical account of the place of incident would confirm the fact that the incident occurred at the place mentioned by injured Kausarbi.

7. The learned Additional Sessions Judge placed implicit reliance on the versions of injured Kausarbi and other witnesses, namely, PW2