Appellant Ahmad Nawaz has filed this appeal against judgment dated 29.5.2008 passed by the learned Additional Sessions Judge, Sargodha in case FIR No, 426 dated 1.9.2006 registered under Section 302, PPC at Police Station Cantt. Sargodha whereby, he was convicted on three counts and sentericed to imprisonment for life on three counts with the benefit of Section 382(b), Cr.P.C.
2. Succinctly, the facts as mentioned in the FIR Ex.PA are that complainant Musarat Jabeen reported to the police that she lived along with her brother-in-law (Dewar) Muhammad Arif in Tehsil Quarters where Ahmad Nawaz, her another brother-in-law (Dewar), was also living along with his family. On the previous night Ahmad Nawaz accused along with his family slept in their room but they did not wake next morning till 11:00 a.m. On suspicion, the complainant along with her Dewar Muhammad Arif entered into the rocm and found Mst. Ghulam Fatima wife, Mst. Muqadas aged 5/6 years daughter and Ishrat Mehr aged 3/4 years daughter of Ahmed Nawaz accused dead on their cots but Ahmad Nawaz accused and his son Hamza aged 7/8 years were not present in the room. The complainant showed her suspicion that Ahmad Nawaz accused had. murdered Mst.
Ghulam Fatima, Muqadas and Ishrat because they both husband and wife used to quarrel with each as Ahmad Nawaz accused was suspecting his wife being of unsound character.
3. After the submission of challan, accused Ahmad Nawaz was charged under Section 302, PPC to which he pleaded net guilty and claimed trial. The prosecution, in order to prove their case, examined as many as 8-witnesses.
4. Muhammad Rafique ASI PW-1 recorded the formal FIR Exh.PA/1, Iftikhar Hussain No, 1395/C PW-2, Muhammad Altaf No, 619/C, Muhammad Saleem Draftsman, Naseer Ahmad No, 857/C are more or less formal witnesses. Muhammad Naeem SI, conducted the investigation of this case. Prosecution gave up Muhammad Arif and Ahmad Iqbal PWs being won over and closed its evidence.
5. Dr. Rukhsana Jabeen PW-3 conducted the post-mortem examination on the dead body of Ghulam Fatima wife of Ahmad Nawaz, Muqadas Mehar, and Ishrat Mehar daughters of Ahmad Nawaz. She gave following opinion regarding cause of death of all the three deceased.
"OPINION Cause of death was intake of poison tranquilizer belonging to benzodiazepine group which led to the respiratory depression, respiratory failure, asphyxia and death."
5. The statement of accused was recorded under Section 342, Cr.P.C. and in answer to the question as to why this case was registered against him, why the PWs deposed against him and whether he has anything else to say, he deposed as under:- "I have been falsely implicated at the instance of Musarat Jabeen PW, who and PWs made false statements."
"I am innocent. Musarat Jabeen had very strained relations with my wife and me. She used to quarrel with me and my wife all the time and things had reached to a very serious stage and Muhammad Arif, my brother always took her side, Since I had nowhere else to live in Sargodha, I went to my family and brothers in Piplan along with my son on 30.8.2006 in order to ask my brothers to intercede on my behalf and talk to Musarat Jabeen to settle the bitterness that had erupted into her relations with me any my wife. On 4.9.2006 I was still present in Piplan when Muhammad Arif, my brother came there and with the help of Ahmad Iqbal my brother, forcibly took me away to Sargodha anti handed me over to police who booked me in the present case, I am innocent and complainant has brought this case against me to quench her anger against me."
6. The accused opted not to 'appear himself cn oath under Section 340(2), Cr.P.C. in his defence.
The learned trial Court, after hearing both the learned counsel for the parties and going through the evidence on record, convicted Ahmad Nawaz accused sentenced him on three counts to imprisonment for life on three counts.
7. Learned counsel for the appellants has contended that the learned trial Court has failed to properly appreciate the evidence available record; that there are material contradictions in the solitary statement of the complainant and the doctor PW; that the appellant has been falsely involved in this case due to strained relations of the complainant with him and his deceased wife; that the Mst. Ghulam Fatima deceased was actually murdered by the complainant herself as she had strained relations with her; that the complainant has made so many dishonest improvements in her statement; that the prosecution has failed to produce any witness in corroboration of the ocular account furnished by the complainant; that the post-mortem examination was conducted on 1.9.2006 at 9.00 p.m. and the doctor opined that time that elapsed between death and post- mortem was 10 hours; that unbelievable story has been mentioned by the prosecution.
8. On the other hand, learned DPG assisted by the learned counsel for the complainant contends that the medical evidence fully corroborates the ocular account; that according to medical evidence all the three deceased died due to intake of poison, tranquillizer belonging to Benzodiazepine group which led to the respiratory depression, respiratory failure, asphyxia and death; that it is a case of single accused and case against him has been fully established by the prosecution beyond any shadow of doubt; that the prosecution has fully proved the motive of this occurrence; that the FIR was recorded on the same day and the post-mortem was, also conducted on the same day at 9:00 p.m.
9. I have heard the learned counsel for the appellant, DPG for the State assisted by the learned counsel for the complainant and have also gone through the record.
10. According to the FIR Ex.PA/1, complainant Musarat Jabaen reported to the police that she lived along with her brother-in-law (Dewar) Muhammad Arif in Tehsil Quarters where Ahmed Nawax, her another brother-in-law (Dewar), was also living along with his family. On the previous night Ahmad Nawaz accused along with his family slept in their room but they did not wake next morning till 11:00 a.m. On suspicion, the complainant along with her Dewar Muhammad Arif entered into the room and found Mst. Ghulam Fatima wife, Mst. Muqadas aged 5/6 years daughter and Ishrat Mehr aged 3/4, years daughter of Ahmad Nawaz accused were found dead on their cots but Ahmad Nawaz accused and his son Hamza aged 7/8 years were not present in the room. The complainant showed her suspicion that Ahmad Nawaz accused had murdered Mst. Ghulam Fatima, Muqadas and Ishrat because they both husband and wife used to quarrel with each as Ahmad Nawaz accused was suspecting his wife being of unsound character. In the complaint, the complainant showed mere apprehension that the appellant had murdered his wife Mst. Ghulam Fatima and daughters namely Muqadas and Ishrat but while appearing as, PW-6 she categorically stated that she had seen the appellant preparing potato "Parathas" on the preceding night at 8:00 p.m. and he served his wife and daughters with "Paratha" prepared by him after mixing poison. The complainant showed no such apprehension at the time of registration of case and she has made dishonest improvements while appearing in the Court as prosecution witness. She has improved her statement after getting the knowledge of report of Chemical Examiner which revealed that there was some tranquillizer belonging to Benzodiazepine group detected in the articles sent for analyses. Had she been in apprehension about administering of poison to the deceased, she would have mentioned the same at the time of registration of case or during investigation through supplementary statement. The dishonest improvements by the complainant in her statement make the case of the prosecution highly doubtful.
11. Furthermore no other witness who had allegedly seen the appellant providing "Paratha" to his wife Mst. Ghulam Fatima and daughters Muqadas and Ishrat, has been examined by the prosecution and were given up being won over by the appellant. The report of Chemical Examiner is supporting piece of evidence and it cannot itself implicate the appellant in any, way that he administered poison to his wife and daughters, the deceased of this case. The solitary statement of PW-6 against whom the appellant had alleged malice that she used to quarrel with the appellant and his wife and made his life miserable, cannot be safely relied upon. The prosecution has failed to establish guilt of the appellant beyond any shadow of doubt. In these circumstances, I am of the considered opinion that the prosecution has failed to establish the guilt of the appellant beyond any shadow of doubt.
Consequently, the appeal in hand is allowed, impugned judgment dated 29.5.2008 is set aside and appellant Ahmad Nawaz is hereby acquitted of the charge. He is in jail, he be released forthwith if not required in any other case.