Judgment 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). 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 Savitribai and PW4 Afsarbi. He held that injured Kausarbi was knifed in the relevant evening by the appellant with intention to cause her death. He convicted the appellant for the offence punishable under section 307 of the I.P. Code and sentenced him to suffer rigorous imprisonment and to pay fine amount as stated at the outset. 8. He held that injured Kausarbi was knifed in the relevant evening by the appellant with intention to cause her death. He convicted the appellant for the offence punishable under section 307 of the I.P. Code and sentenced him to suffer rigorous imprisonment and to pay fine amount as stated at the outset. 8. Smt. Jagtap-Ware, learned advocate for the appellant, would submit that the interested version of PW Kausarbi should not have been relied upon by the trial Court. She points out that the incident is not witnessed by PW Afsarbi and, therefore, her version regarding complicity of the appellant is of no much assistance to the prosecution. She argued that the appellant could have no intention to cause death of injured Kausarbi in as much as a single stab injury was found on her person. It is contended that the quarrel ensued between the spouses on account of right to possess the amount of dowry which was received for performance of the marriage of their son, namely, Vasim. It is argued that injured Kausarbi falsely implicated the appellant with a view to retain the amount of dowry with her. Hence, it is contended that the appellant deserves benefit of reasonable doubt. As against this, learned APP Mr. Ghute Patil supports the impugned judgement. 9. Before I embark on scrutiny of the prosecution evidence, it is pertinent to note that the appellant used to vend bananas on a push-cart at Pune. He had been to Latur since about couple of months, probably because there was no season of banana fruits. He was staying with the wife and sons in the same premises. He states that injured Kausarbi refused to allow him to stay with her. No reason appears for her refusal to give him matrimonial access. The recitals of the F.I.R. (Exh-20) purport to show that the appellant used to squander money for his luxuries and was not paying any amount to the wife and sons since about ten years. Thus the appellant had neglected the wife and children for a considerable period before the alleged incident. The fact that marriage of Vasim was settled, is undisputed. the marriage was scheduled in the fourth week of April, 2005. The incident occurred a week before the said marriage. 10. The version of PW Kausarbi reveals that the appellant used to consume liquor during the stay with his family members. The fact that marriage of Vasim was settled, is undisputed. the marriage was scheduled in the fourth week of April, 2005. The incident occurred a week before the said marriage. 10. The version of PW Kausarbi reveals that the appellant used to consume liquor during the stay with his family members. She states that he used to pick up quarrels with her. Her evidence purports to show that the amount of dowry received for marriage of Vasim, was in her custody. Her version reveals that the appellant used to demand that amount from her. The spouses were quarrelling on account of the amount which was in her custody. She narrated as to how the incident occurred in the relevant evening. According to her version, on 21st April, 2005, at about 6.00 p.m., she completed the household work and went towards bathroom for taking wash. At the relevant time, her younger sister Afsarbi and daughters were present inside the house. Her version reveals that the appellant approached her near the bathroom and demanded the amount of dowry. She refused to give that amount on the ground that it was needed for the marriage expenses. Her version reveals that the appellant told her that he would not allow her to spend the money and would see as to how marriage of Vasim is performed. He thereafter stabbed her below abdomen by means of a knife. Her evidence reveals that the incident occurred in the shed situated in front of the house and the appellant had dragged her by pulling her hair. She corroborates the recitals of the F.I.R. (Exh-20). Nothing of much importance could be gathered from her cross-examination. She admits that on the relevant day, there was quarrel between herself and the appellant throughout the day and he had left the house after quarrelling with her. Thus, the appellant had continued to demand the amount of dowry throughout the day and had left the house in the afternoon. He insisted for the payment of amount to him which injured Kausarbi was not ready to do. She candidly admits that when he abused her in filthy language, she also replied n the same manner. The spouses exchanged obscenities during course of the quarrel. The right to have custody of the amount of dowry was the germane to the dispute between them. She candidly admits that when he abused her in filthy language, she also replied n the same manner. The spouses exchanged obscenities during course of the quarrel. The right to have custody of the amount of dowry was the germane to the dispute between them. The wife -Kausarbi was not ready to handover the money to him because of the apprehension that he would squander the same for liquor drinking. Be that may as it is, version of PW Kausarbi definitely shows the continuous demands of dowry amount by the appellant. 11. There is testimony of PW Afsarbi in support of the eye witness account of the injured. She is younger sister of injured Kausarbi. She had been to her house since about eight days prior to the incident as the marriage of Vasim was scheduled. Her evidence reveals that in the relevant evening, the appellant came in the house while the injured was cleaning her hands near the bath room. Her evidence reveals that the appellant was demanding the amount of dowry from PW Kausarbi. Her evidence reveals further that PW injured Kausarbi declined to pay the amount whereupon the appellant told her that he would not allow her to spend the money. She admits that she did not see the actual assault in as much as she was inside the room when the incident occurred. Still, however, the fact remains that she saw the appellant in the proximity of the time of the incident and at the spot itself. 12. Injured Kausarbi was assisted by PW Savitribai and others soon after the incident. It is pertinent to note that residential house of PW Savitribai is in the same lane after leaving two houses in the middle. Her evidence reveals that PW Kausarbi used to reside with her two daughters, two sons and a sister in the tenanted premises of Kantabai. Her evidence reveals that the appellant used to reside at Pune and was visiting house of PW Kausarbi at interval of a month or two. There is no reason for PW Savitribai to speak lie. She is an independent witness. Her evidence establishes the fact that the spouses were at longer heads. 13. PW1 Dr. Preeti Badade is the lady Medical Officer attached to Civil Hospital, Latur. There is no reason for PW Savitribai to speak lie. She is an independent witness. Her evidence establishes the fact that the spouses were at longer heads. 13. PW1 Dr. Preeti Badade is the lady Medical Officer attached to Civil Hospital, Latur. Her evidence tends to show that injured Kausarbi was examined in the same evening when she was reached to the Civil Hospital. Her evidence discloses that a stab injury of 2 cm. x 1 cm. was noticed on inguinal region of right side. The stab injury was deep upto the abdominal cavity. Her evidence reveals that injured Kausarbi’s injury was grievous and was caused by means of sharp edged weapon. She corroborates the injury certificate (Exh-17). She states that the stab injury was dangerous to life in ordinary course. She admits, however, that the opinion regarding the injury being dangerous to life is not stated in the injury certificate (Exh-17). She also admits that every grievous injury is not dangerous to life. Injured PW Kausarbi was treated in the Civil Hospital for about 7/8 days. Thereafter, she was discharged from the hospital. 14. The seizure panchanamas and other documents are corroborated by PW7 PSI Babar and PW8 PSI Kendre. The saree of injured PW Kausarbi was soaked in blood. A report of Chemical Analyzer (Exh-32) lends corroboration to the version of PW Kausarbi as regards the injury caused below right side of the abdomen which resulted into severe bleeding. The evidence on record shows that blood gushed out of the stab injury and clothes of injured PW Kausarbi were soaked in blood. 15. Considering totality of the circumstances and the evidence on record, I find that there is no substantial reason to dislodge the testimony of PW Kausarbi. The F.I.R. (Exh-20) was lodged with promptitude. She had no reason to falsely implicate the appellant by exonerating real assailant. The learned Additional Sessions Judge has properly appreciated the evidence on record. There is no escape from the conclusion that the appellant is the assailant. It is duly proved that he stabbed below the abdomen on right side of injured PW Kausarbi. 16. Clinching question is whether the appellant intended to cause death of injured PW Kausarbi. He gave a single blow of knife on her abdomen. The injury was not caused on any vital part of the body. The dispute was going on regarding the dowry amount. 16. Clinching question is whether the appellant intended to cause death of injured PW Kausarbi. He gave a single blow of knife on her abdomen. The injury was not caused on any vital part of the body. The dispute was going on regarding the dowry amount. The appellant was annoyed because PW Kausarbi had refused to part with the money. He being a banana vendor, possession of knife with him cannot be regarded as an unusual circumstance. It is probable that he knifed the wife in fit of anger. Had he any intention to cause her death, probably, multiple stab wounds could be caused by him. PW Dr. Badade did not explain as to how the single stab wound was dangerous to the life of injured PW Kausarbi. As stated before, she was discharged from the hospital after seven days. The stab wound did not cause destruction of any vital organ. In this view of the matter, it is difficult to say that the appellant intended to cause her death. The incident occurred at spur of moment and during the course of a round of the quarrels which had ensued between the spouses and was on-going process throughout the day. Under these circumstances, in my opinion, the facts proved by the prosecution come within ambit of Section 326 of the I.P. Code. 17. The sentence of seven years’ rigorous imprisonment is too harsh in view of the fact that a single stab wound was inflicted by the appellant. Considering the genesis of the incident and the nature of the injury caused by the appellant, it would be appropriate to reduce the sentence to period of three years’ rigorous imprisonment. 18. In the result, the appeal is partly allowed. The impugned order of conviction and sentence for offence under section 307 of the I.P. Code is set aside. Instead, the appellant is convicted for an offence punishable under section 326 of the I.P. Code and is sentenced to suffer rigorous imprisonment for three years and to pay fine of Rs. 5000/-, in default to suffer rigorous imprisonment for one year more. The remaining order as regards disposal of muddemal, etc. is maintained. Appeal partly allowed.