deposed that apart from the appellant, PW-2, and PW-6, the sister of the appellant was also present. All the other witnesses did not state with regard to the presence of the sister of the appellant. Perusal of the testimonies of PW-1, PW-2, PW-6 reveals that no question was put to the witnesses in their cross examination with respect to the presence of other family members at the time of the incident. Therefore, the same cannot be construed as a contradiction. The appellant (PW-1) had deposed that the respondent had raised her hand to slap him, and abused in filthy language. PW-2, PW-5 and PW-6 deposed that the respondent abused in filthy language when asked for a glass of water. However, they did not depose that the respondent raised her hand to slap the appellant. In my view, the same is not a contradiction, and at the highest, may be an exaggeration. No specific question was put to PW-2, PW-5 and PW-6 with respect to the respondent raising her hand to slap the appellant. They did not have the opportunity to deny or affirm the same. Therefore, the aforesaid ambiguities in the testimonies of the witnesses do not render the testimonies unreliable. In any event, even if it were to be accepted that the respondent did not raise her hand to hit the appellant, but only reacted by hurling filthy abuses and not getting the water, that by itself, constitutes a matrimonial offence.
