1987 SCMR 1227 SUPREME-COURT

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GUL MUHAMMAD VS STATE Appreciation of Evidence--TERM , Pakistan Penal Code 1860--148 , Pakistan Penal Code 1860--149 , Pakistan Penal Code 1860--302 , Pakistan Penal Code 1860--307 , Pakistan Penal Code 1860--447 , Pakistan Penal Code 1860--448 , ---Ss. 302, 307, 447, 448, 148 & 149--Appreciation of evidence-Police party had gone to assist to get the land vacated by force and had encircled during the early hours of the day houses of the accused persons, fully prepared with tear-gas shells etc. and it was not with the purpose of simply arresting them and allowing the law to take its own course with regard to the offence reported under Ss. 447 & 448, P.P.C.--In the course of forcible eviction, not only this but a very large number of residents of the adjoining villages turned up and some shots were fired though not as numerous as alleged by prosecution--Hurling of stone also took place--Held, in such a situation, it would have been difficult for the witnesses who had appeared to identify individually each of them particularly when they had no contact with them in the negotiation earlier taking place-On such evidence and in such a background of events accused could not be convicted on the capital charge--Conviction and sentence of accused persons was set