Minor discrepancies in witness testimonies do not undermine the prosecution's case when corroborated by medical evidence, and probation benefits are not applicable for serious offences like attempted murder.

JUDGMENT :

1) The appellants have challenged judgment of conviction and sentence dated 03.02.2005 passed by learned 1st Additional Sessions Judge, Jammu. Vide the impugned judgment the appellants have been convicted of offences under Section 307, 324, 34 RPC whereas appellants Lakhbir Singh @ Goga and Jasbir Singh @ Godah have also been convicted of offence under Section 4/25 of Arms Act. In proof of offences under Section 307/34 RPC, each of the appellants has been sentenced to simple imprisonment for a period of seven years and to pay a fine of Rs.2000/ each, whereas in proof of offence under Section 323/34 RPC, they have been sentenced to simple imprisonment of one year. Appellants Jasbir Singh @Godah and Lakhbir Singh @Goga have also been sentenced to simple imprisonment for a period of two years and a fine of Rs.2000/ each for commission of offence under Section 4/25 Arms Act.

2) Briefly stated, the prosecution case is that on 07.06.1998, complainant PW Jasbir Kour lodged a verbal report with Police Station, Satwari Jammu, alleging therein that on the said date when his son PW Surinder Singh, who is a truck driver, had come to his home, while her husband was away in connection with his duties, at about 7.00 p.m., the appellants/accused Jasbir Singh @Godah, Raghubir Singh @ Kaku, Lakhbir Singh @ Goga and another unknown person, who is a resident of Village Pindi, and is brother-in-law of appellant/accused Jasbir Singh, armed with swords and dah barraged into their house and launched a murderous attack upon her son PW Surinder Singh. It was further alleged that accused Jasbir Singh and Lakhbir Singh were armed with swords whereas other accused were armed with dah and all the accused, with common intention, launched an attack upon the head and other parts of her son, as a result of which two fingers of his left hand were chopped off and when her mother-in- law, PW Guran Kour, tried to rescue her son, she was also attacked by the assailants with a sword upon her right arm, which resulted in injuries to her. It was further alleged that the accused suspected that her son was having an illicit affair with the wife of accused Lakhbir Singh and due to this enmity, they launched this attack with a view to commit murder of her son.

3) On the basis of aforesaid report, the police registered FIR No.69/1998 for offences under Section 452, 307, 34 RPC and started investigation of the case. During investigation of the case, the two chopped off fingers of injured Surinder Singh were seized and the statements of witnesses including the statement of injured Surinder Singh and Guran Kour were recorded. The weapons of offence were also recovered. Blood-stained clothes of the injured were also seized and the same were sent to FSL for examination. The chopped off fingers were also sent for FSL examination after their sealing. The fourth assailant was identified as accused Makhan Singh. Thus, offences under Section 452, 307. 34 RPC and 4/25 Arms Act were established against the appellants/accused and the charge sheet was laid before the trial court.

4) Vide order dated 26.08.1998, charges for offences under Section 307, 323 read with Section 34 RPC were framed against all the accused whereas against accused Lakhbir Singh @Goga and Jasbir Singh @Godah, charges for offences under Section 4/25 Arms Act were also framed. The accused/appellants denied the charges and claimed to be tried. Accordingly, the prosecution was directed to lead evidence in support of the charges. In order to prove the charges, the prosecution, besides examining two injured, namely, PWs Surinder Singh and Mst. Guran Kour also examined the complainant PW Jasbir Kour, eyewitness PW Rajinder Kour, PW Wazir Singh, PW Surjit Singh, PW K. K. Raina, the Scientific Officer, PW Dr. Robinder Khajuria, the medical witness and PW Choudhary Ahmad Din, the Investigating Officer. After completion of the prosecution evidence, the statements of the appellants/accused under Section 342 of J&K Cr.