1. This appeal has been preferred against judgment dated 30-10-2014 passed in S.T. No.17/14 by the Additional Sessions Judge, Dhamtari, C.G. convicting the appellant under Section 307 of the and sentencing him with R.I. for 7 years along with fine Rs.200/- with default stipulation.

2. The prosecution story, in brief, is this, that sister of complainant Sunita Bhosale (PW-1), i.e., wife of the appellant namely Anita Bhosale (PW-2) had been to her parental house where the appellant arrived on 20-05-2014 who quarreled and objected that his wife has come without his permission and is not coming back. In that incident the appellant also assaulted and injured his wife with hands and fists and then all of a sudden he took out a knife from his pocket and stabbed the victim causing injury to her. The injured was shifted to the hospital for treatment and an unnumbered FIR (Ex.- P/1) was lodged by her, which was later on registered as numbered FIR (Ex.-P/16). The police completed the investigation and charge sheet was filed before the concerned Court.

3. The appellant was charged with offence under Section 307 of the IPC to which he denied and prayed for trial. After completion of the prosecution evidence, on being examined under Section 313 of the Cr.P.C. the appellant denied all the incriminating evidence against him and pleaded innocence and false implication. No witness was examined in defence.

4. After completion of the trial the impugned judgment of conviction and order of sentence was passed by the trial Court wherein the appellant has been convicted and sentenced as mentioned hereinabove.

5. Learned counsel for the appellant submits that no case is made out for conviction of the appellant under Section 307 of the IPC. Hence, the conviction against him is bad in law. None of the injuries caused to the injured were on the vital part of the body. The statement given by the victim is not reliable as she is interested to see the appellant in jail. Rest of the witnesses are interested witnesses being related to the victim, which should not have been formed basis of the conviction against the appellant. Hence, it is prayed that the appeal may be allowed and the appellant may be acquitted of the charges. In the alternative it is submitted that if the Court is not convinced to acquit the appellant, then his sentence of imprisonment may be reduced to the period already undergone by him in jail.

6. Per contra, learned counsel for the State opposing the grounds raised in this appeal and the submission made submits that the prosecution has proved its case beyond reasonable doubt. There is clear statement of prime witness Anita Bhosale (PW-2) that the appellant inflicted injuries on her body by using knife making clear his intention that he wanted to kill her. Hence, it is clear case of attempt to murder and there is no scope for interference in the impugned judgment.

7. Heard learned counsel for the parties and perused the record of the trial Court.

8. Main witness in this case is Anita Bhosale (PW-2). She has stated that she had been to her parental house from 14-04-2014. On 20- 05-2014 at about 12 in the afternoon her husband, the appellant came and started assaulting her with hands and fists abusing her and then all of a sudden he took out a knife from his pocket and assaulted her on her stomach causing injuries to her. The mother and sister of this witness intervened. She has also stated the appellant was making statement that he will kill her. In cross-examination her statement has remained un-rebutted and she has confirmed that she suffered injuries on her stomach and not on the chest and also made it clear that while trying to save herself she suffered one injury on the left hand also. There is no other statement in her cross-examination so as to rebut or contradict her statement made in examination-in-chief.

9. Smt. Sunita Bhosale (PW-1) has stated about witnessing the incident of assault by the appellant firstly with hands and fist