Law: Criminal Procedure Code (V of 1898)

Section: 382-B, 353

(a) Criminal trial  Witness-Evidence, evaluation of-Mere fact that a prosecution witness made some incorrect statement in respect of distance or in respect of another prosecution witness-Would not mean that such witness made contradictions in material particulars.-[Witness]. (b) Criminal Procedure Code (V of 1898)  S. 382, B-Sentence, reduction in-Accused convicted for com mitting offences under Ss. 353, P. P. C. and 13-A, Arms Ordinance; for engaging themselves in an encounter with a Police party and firing at them when challenged to surrender-Accused in custody for over 5 years--Sentence of imprisonment reduced to period already under gone, in circumstance. -(Sentence]. Date of hearing : 2nd March, 1980.                                                                                                                                                           JUDGMENT This judgment disposes of Criminal Appeal No. 160 of 1978 and Criminal Appeal No. 292 of 1978. Both these appeals arise from the same judgment of Additional Sessions Judge, Dadu dated 3rd July, 1978, whereby he acquitted the three appellants in two appeals before me of offences under sections 307 and 401, P.P.C. but convicted all the three appel lants under section 353, P. P. C. and sentenced each one of the appellants undergo R. I. for 12 months and they were further convicted under section 13-A, Arms Ordinance and sentenced to R. I. for two years and to pay a fine of Rs. 500 each, or in default to undergo further R. I. for 6 months, The sentences were to run concurrently. On 28thOctober, 1974 at 700 hours a report Exh. 20 was sent by P.W. Abdul Hakeem S. H. O. at Dadu Police Station from a place near Deh Chanrath, District Dadu, which was transcribed as an F. I. R. Exh. 26 on the same day at 300…