U.V. Bakre, J.

1. Heard Mr. Rivankar, learned Public Prosecutor appearing on behalf of the appellant and Mr. Menezes, learned Amicus Curiae for the respondent.

2. This appeal is directed against the judgment and order dated 28/06/2012 passed by the learned Additional Sessions Judge- I (Trial Judge, for short) in Sessions Case No. 10/2010/I.

3. Initially, charge sheet No.09/2009 was filed against the accused for the offence punishable under section 307 of Indian Penal Code (I.P.C., for short). The allegation was that the accused, on 01/12/2009 at 22.00 hours at House no. 202, near Pai Hospital, at Vaddem, Vasco, after latching his bed room from inside, assaulted his wife, Rupa alias Samiksha Shetye, by stabbing her in her stomach by means of a knife and caused grievous injuries to her and attempted to commit her murder. Charge was framed by the Trial Judge for the said offence punishable under section 307 of the Indian Penal Code (I.P.C., for short) to which the accused pleaded not guilty. The prosecution examined 12 witnesses and 13th witness partly till 01/09/2010. The deposition of Rupa alias Samiksha Shetye was scheduled to be recorded on 17/09/2010.

4. Unfortunately,