Law:

Section: 395, 397

(a) Penal Code (XLV of 1860) S. 395/397 Dacoity---Benefit of doubt--Complainant, claiming to have captured one of dacoits beat her go when other two dacoits- gave blows with butts of their guns No evidence with regard to presence of injuries on complainant's person produced, nor mashirnama of fact prepared nor complainant medically examined Evidence of other prosecution witness as to identification of accused persons also not above hoard-Complainant's version held, not convincing accused given benefit of doubt and acquitted. (b) Witness Evidenced ---Witness found to have perjured in respect of certain statements-Other, statements made by him cannot with certainty be said to be true. Date of hearing : 12th November 1971.   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 hire 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. in. at Karimbux 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 he, used to sleep outside the shop. Dad Muhammad his brother, Chakar Khan is his cousin and Vardaro 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 moonlight and they were the present two appellants and another person by name Ghulam Mustafa.…