Law:

Section:

Witness Evidence-Witness found to have perjured in respect of some statements-No certainty of truth attaches to his other statements. Date of hearing : 12th November 1970.   JUDGMENT This is an appeal against the judgment of the Additional Sessions Judge, Jacobabad, convicting the appellants for an offence under section 395/397, P. P. C. and sentencing them to undergo R. I for 7 years and pay a fine of Rs. 500 or in default to undergo R. I. for 6 months, as well as convicting them for an offence under section 13(d), Arms Ordinance and sentencing them to undergo R. I. for one year and further convicting appellant Mangal for an offence under section 324 and sentencing him to undergo R., I. for one year and to pay a fine of Rs. 300 or in default to undergo R. I. for 3 months. The incident took place at past midnight on 12-4-68 and the first report Exh. 5 was lodged at 8-30 a.m. at Karim Bux Police Station situated at a distance of about 22 miles and recorded by Shahnawaz Head Constable. The complainant Haji Sadoro had a provision shop in his village and lie used to sleep outside the shop. Dad Muhammad is his brother, Chakar Khan is his cousin and Sardaro is related to him. The appellants lived in another village situated at a distance of about 2/3 miles. The parties were known to each other. On the night of the incident the complainant was sleeping as usual when he woke up on hearing the sound of the opening of the door of the shop and found three persons standing over him whom he identified in the moon light and they. were the present two appellants and another person by name Ghulam Mustafa. Nazroo appellant had a rifle while Bangui and Ghulam Mustafa had guns. The complainant at once pounced upon appellant Nazroo and attempted to snatch the rifle from him but in the mean time he was given blows by the butt of the guns by the other two, namely, Bangui appellant and Ghulam Mustafa. The complainant raised an alarm which attracted Chakar Khan, Sardaro, Tajo and Muhammad whereupon appellant Bangul fired at them resulting in the injuries to Sardaro. Soon after four other dacoits who had collected various articles from the shop in three bundles came out and…