Law:

Section:

Penal Code (XLV of 1860)------.----- ------.-------Ss. 324, 337-A (ii) & 337-F (ii)------.-------Attempt to commit qatl-i-amd; shajjah-i-mudihah; ghayr-jaifah/badi'ah------.-----Appreciation of evidence------.-----Minor contradictions/discrepancies in statements of prosecution witnesses------.-----Effect------.-----Sentence, reduction in------.-----Mitigating circumstances------.-----Recovery of blood and three crime empties from the place of occurrence/house of the injured complainant by the Investigating Officer during spot inspection, coupled with the positive Serologist report regarding the blood secured from the spot and the blood over the garments of the injured, had confirmed the crime venue to be the same as alleged by the complainant------.-----Complainant had deposed the same story as set forth by her in her initial report, and she, sticking to the same, had charged the accused for commission of the offence------.-----Complainant, although, had been subjected to lengthy cross-examination, but nothing beneficial could be extracted from her by the defence------.-----Minor discrepancies in statement of the complainant, being the inbuilt proof of her truthfulness, were ignorable, because a human being could not be expected to furnish a tape-recorded statement------.-----Complainant was still the wife of the accused; therefore, she could not have charged her innocent husband by letting off the real culprit------.-----Medical evidence, recovery of blood and crime empties from the spot coupled with noticeable abscondence of the accused whose wife was lying seriously injured had fully corroborated the ocular testimony of the injured and the same indicated towards the guilty conscious of the accused------.-----Trial court, however, had awarded the maximum sentence to the accused provided under S.324, P.P.C. which was 10 years' rigorous imprisonment along with fine------.-----Keeping in view the motive that was sudden flare-up of the accused over a petty domestic matter with his wife/the injured, coupled with the fact that their wedlock was still intact out of which they had minor kids, High Court, taking a lenient view, reduced the sentence of 10 years to…

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