The main legal point established in the judgment is the requirement for the prosecution to establish the offence beyond reasonable doubt, and the court's authority to invoke inherent powers in certain contingencies, as per the judgment of the Hon'ble Supreme Court in the case of Gian Singh.

A.I.S. Cheema, J.

1. The appellant-original accused has been convicted under Section 307 of the Indian Penal Code, 1860 (I.P.C. in brief) and sentenced to suffer rigorous imprisonment for ten years and to pay a fine of Rs. 5000/- and in default to suffer simple imprisonment for three months.

2. The case of prosecution in short is as follows:

(a) Complainant Pandit Lotan Patil (PW-2) filed F.I.R. Exh.24 on 5.3.2013 at about 3.05 p.m. at Songir Police Station, District Dhule. He claimed that, he was residing at Nikumbhe, Taluka and District Dhule along with his family. He has sister Jaywantabai Adhar Patil (PW-1), the wife of accused, who resides at Karle, Taluka Sindkheda. His sister has 4 daughters and 2 sons. 2 daughters and 3 sons (?) are already married. Mohan, son of accused has been married to Sunanda, the daughter of brother of complainant namely (PW-6) Shriram Lotan Patil. As per the F.I.R. accused was addicted to liquor and victim Jaywantabai had been telling him to leave the addiction, but the accused was abusing and used to beat her. Getting fed up, the victim was coming to her brothers at Nikumbhe and staying there and used to tell about her trouble. They used to explain to the accused not to trouble the victim in such age 8 days before the F.I.R. accused had beaten victim under influence of liquor and victim Jaywanta came to Nikumbhe and was staying with Shriram Lotan, the brother of complainant. On 4.3.2013, accused came to Nikumbhe village and stayed at the place of one Karbhari Patil. On 5.3.2013, at about 10.00 a.m. ladies of the family of Shriram Lotan Patil and the victim were rolling Papad. At that time, the accused came to the house of Shriram Patil (PW-6) from the back side door, into the house and told the victim to come along home with him. He was insisting for the same. At that time, the victim told him that as long as he does not give up liquor, she will not come with him. Because of this, accused got angry and removed from his pocket "Banawati Sura" (i.e. fabricated dagger) and hit her on the stomach, chest, and the hand of the victim and caused grievous injury. Because of the noise, the brothers and other relatives reached there running and caught the hands of the accused and immediately sent the victim for treatment to Dhule. The complainant and his nephew Chatur Patil, Bhika Vithal Patil, Prakash Shankar Patil, Himmat Dayaram Patil had brought the accused to the Police Station.

(b) The F.I.R. with such contents was registered and P.S.I. Ashok Bagul took up the investigation. He went to the spot and did panchanama Exh.30. Pieces of bangles were seized from the spot. Statements of witnesses were recorded. The injured had been admitted in private hospital. PW-9 P.S.I. Ashok Bagul moved the doctor with letter Exh.41, but the doctor endorsed that the patient was not in a position to make statement. He seized the clothes of the victim at the hospital vide panchanama Exh.26. The accused was arrested on the same day. Later on, medical certificate of the injured was obtained from Dr. Tushar Patil (PW-8). The knife and clothes of the accused were also seized vide panchanama Exh.28 on 5.3.2013 itself. After completing the investigation, the charge sheet came to be filed.

3. Charge was framed against the accused. The accused pleaded not guilty. His defence is of denial. Cross-examination and statement under Section 313 of Code of Criminal Procedure, 1973 shows his defence. According to him, his wife, the victim was insisting him to transfer property standing on his name, in the name of the sons. There was dispute regarding the land. One day before incident, he had gone to village Nikumbhe and stayed with relative Karbhari Patil. On next day, when he had gone to the bus stand, PW-6 Shriram Lotan Patil, his brother-in-law asked him to come to their place. At that place, the 5 brothers raised the subject of landed property. Accused opposed that he will not transfer the property during his life time. PW-6 Shr