Ahmad Raza Gilani, J.- Riaz Ahmad son of Ghulam Muhammad faced charges of murder of Mst. Shahnaz wife of Riaz Ahmad, Mst. Shabaab Bibi wife of complainant Ghulam Farid, Mst. Nadra daughter of Riaz Ahmad in case FIR No.557/2009 dated 21.11.2009, under sections 302, 337-A(iii) PPC Police Station Seetal Mari, Multan. Riaz Ahmad was charged in the said case as under:- "Firstly, that on 21.11.2009 at about 1.00 p.m. in the area of Naseerabad Colony in the remit of P.S. Seetal Mari, Multan you have committed Qatl-e-Amd of your wife Mst. Shahnaz Bibi while causing injuries with scissors. Thus you have committed an offence punishable under section 302 PPC.
Secondly , that on the same date, time and place you also committed Qatl-e-Amd of your daughter -in-law (Bahu)
Mst. Shabaab, causing the injuries with scissors, thus you have committed an offence punishable under section 302 PPC.
Thirdly , that on the same date, time and place you also committed Qatl-e-Amd of your daughter Mst. Nadra Bibi while causing the injuries with scissors, thus you have committed an offence punishable under section 302 PPC.
Fourthly , that on the same date, time and place you launched murderous assault upon your son Ghulam Mustafa with such intention or knowledge and under such circumstances that if you by that act caused Qatl, you have been guilty of his Qatl-e-Amd, thus you have committed an offence punishable under section 324 PPC. All the offences are within the cognizance of this court."
2. Trial Court vide judgment dated 23.12.201 1 held Riaz Ahmad guilty of committing Qatl-e-Amd of Mst. Shahnaz Bibi, Mst. Shabaab Bibi and Mst. Nadra Bibi. Accordingly was convicted under section 302(b) PPC and was sentenced to death on three counts. He shall be hanged by neck until declared dead. He was also directed to pay Rs.1,00,000/- as compensation to the legal heirs of the deceased in terms of section 544-A Cr.P.C., failing which he shall further undergo six months S.I. Riaz Ahmad was also held guilty under section 324 PPC for launching murderous assault on Ghulam Mustafa son of Riaz Ahmad and was sentence d to 10 years R.I. with fine of Rs.20,000/-, in default of payment of fine, he shall further undergo three months S.I.
3. Riaz Ahmad, convict has challenged his convictions and sentences through Criminal Appeal No.261 of 2012 and learned trial Court has forwarded Murder Reference No.11/2015 for confirmation of death sentence awarded to Riaz Ahmad, convict/appellant.
4. The complainant Ghulam Fareed PW -1 deposed in the FIR (Ex-P A/1) as under:- {{urdu text}}
5. At trial, to establish guilt of the appellant Riaz Ahmad, Ghulam Fareed complaina nt of the case appeared as PW- 1 and Ghulam Mustafa injured as PW-2 and furnished ocular account of the case. Dr. Ghazala Safdar PW-5 conducted post mortem on the dead bodies of all the three deceased ladies Mst. Shahnaz Bibi, Mst. Nadra Bibi, Mst. Shabaab Bibi and Dr. Asif Jamil Ansari PW-11 examined the injured Ghulam Mustafa as well as Riaz Ahmad, appellant. Muhammad Usman Ghani, Inspector PW -8 conducted investigation of the case.
6. We have heard the learned counsel for the appellant, learned complainant counsel, learned Deputy Prosecutor General and have gone through the record with their able assistance.
7. Occurrence in this case took place on 21.11.2009 at 1.00 p.m. and matter was reported to the police on the same day at 2.15 p.m. for the murder of three deceased ladies Mst. Shahnaz Bibi, Mst. Nadra Bibi, Mst. Shabaab Bibi. PW-5 Dr. Ghazala Safdar conducted post mortem on the dead bodies of all three deceased ladies on the following day i.e. 22.11.2009 at 12.45 p.m. According to the said lady doctor , probable time between injury and death was immediate and between death and post mortem was 18 to 24 hours. The said doctor observed 16 incised wound on the person of Mst. Shahnaz Bibi who was wife of the appellant Riaz Ahmad. Lady Doctor PW-5 also found five incised wound on the person of Mst. Nadra Bibi daughter of appellant Riaz Ahmad. Three incised stabbed wound was found on the person of Mst. Shabaab Bibi wife of complainant Ghulam Fareed. According to the Investigation Officer PW-8 Muhammad Usman Ghani Inspector when had gone to place of occurrence after receiving information of the commission of the murder of three deceased ladies, he found all the three dead bodies in one room. Site plan Ex.PK is available at page-128 of the paper book of the High Court which confirms the same position. PW-1 Ghulam Fareed complainant of the case and son of the appellant Riaz Ahmad stated before the court in black and white that "he did not see the accused Riaz Ahmad causing the injuries to his brother Ghulam Mustafa and the deceased persons." He also stated that "there were cordial relations between the accused and his mother Mst. Shahnaz Bibi." Though age of the appellant has been written as 54/55 years when his statement under section 342 Cr.P.C. was recorded but when age of appellant was suggested to PW-1 Ghulam Fareed complainant of the case as 75 years, he replied in these words:- "I do not know whether my father Riaz ahmad accused is aged about 70/75 years. It is correct that he is having grey beard."
Age of Mst. Shabaab Bibi was 20/22 years, Mst. Shahnaz Bibi wife of Riaz Ahmad appellant was aged 48/50 years and Mst. Nadra Bibi daughter of appellant Riaz Ahmad was also young. All the above noted facts makes the whole prosecution story doubtful and it does not appeal to a prudent mind that an old person of age 70/75 years killed three ladies in one room causing number of injuries of their person and they remained unmoved. Injured Ghulam Mustafa who is also son of the appellant Riaz Ahmad was examined by PW-11 Dr. Asif Jameel Ansari on 21.11.2009 at 9.45 p.m. after 9 hours of the occurrence and said doctor found following injuries on his person:- i) A cut wound of 6 x 1 cm on the right side of the head 4 cm above the right ear . The wound was muscle deep. ii) A cut wound of 6 x 1 cm on the right side of the head 8 cm above the right ear . The wound was bone deep. iii) A cut wound of 4 x /2 cm on the right side of head 4 cm above and behind the right ear. The wound was muscle deep. iv) A lacerated wound of 4 x 2 cm on the back of left upper chest 12 cm below the left shoulder margin. The wound was muscle deep. v) A lacerated wound of 2 x 1 cm at the left shoulder margin 6 cm above clavicle. The wound was muscle deep. vi) A lacerated wound of 6 cm x 2 cm on the left upper chest, 6 cm below the left clavicle. The wound was muscle deep.1 vii) A lacerated wound of 2 x 2 cm on the left upper chest 4 cm below the left clavicle. The wound was muscle deep.
Said doctor did not declare that the said injuries could be dangerous to life. PW-11 Dr. Asif Jameel Ansari stated before the court that all the injuries caused to Ghulam Mustafa were inflicted by less force as there was no fracture or rapture on the memory. Ghulam Mustafa injured was a young boy and surprisingly when three women's of the house were allegedly being butchered, he remained silent there and nature of injuries declared by the doctor suggest something else which has been suppressed by the prosecution. PW-5 Lady Dr. Ghazala Safdar stated before the court that she send any viscera to any laboratory for detection of poison or any tranquilizer. Riaz Ahmad stated when examined under section 342 Cr.P.C. as under:- "I am an old man having 70/75 years. PWs Ghulam Mustafa usually remained in the house. On the day of occurrence Ghulam Mustafa did not go for work and remained at home. Ghulam Mustafa PW tried to commit rape with wife of the complainant Mst. Shabaab Bibi deceased as he was engaged with the deceased Mst. Shabaab Bibi earlier and due to previous grudge of breaking his engagement with said Shabaab Bibi, Mst. Shahnaz Bibi deceased tried to save Mst. Shabaab Bibi but Ghulam Mustafa PW murdered Mst. Shahnaz Bibi. Thereafter Mst. Nadra tried to save the lives of both Mst. Shabaab and Mst. Shahnaz Bibi but she as Mst. Shabaab Bibi were murdered by said Ghulam Mustafa. During this process Ghulam Mustafa had also sustained injuries. On the day of the occurrence I was present at my Rayri at General Bus Stand. Ghulam Mustafa PW in order to save his skin falsely involved me in this case. Ghulam Mustafa PW informed me about the occurrence. The PWs are closely related interse and have deposed falsely against me just to save the skin of Ghulam Mustafa. Ghulam Fareed complainant is the husband of Mst. Shabaab Bibi deceased so he has deposed against me just to strengthen the prosecution. Suleman and Muhammad Saleem PWs are the resident of Faisalabad while PWs Zulfiqar alias Boodi, Muhammad Saad PWs are also not resident of the locality, who are friend of the Ghulam Mustafa. Suleman is brother in law of complainant, therefore, they are interested witnesses and due to said relationship they have deposed falsely against me and they do not narrate the actual facts of case.
I have no concern with the occurrence. DNA test was not got conducted by the police to detect the actual culprits."
PW-1 Ghulam Fareed complainant of the case when examined before the court, following suggestions were made to him:- "It is incorrect to suggest that on the day of occurrence Ghulam Mustafa my brother tried to commit rape with my wife Mst. Shabaab Bibi deceased as he was engaged with her earlier . It is incorrect that on the resistance put by her my brother Ghulam Mustafa PW caused her murder . It is incorrect to suggest that when Mst. Shahnaz Bibi my mother and Mst. Nadra my sister deceased persons intervened and tried to get my wife rescued, Ghulam Mustrafa PW also caused them injuries as a result of which they died. It is incorrect to suggest that when I reached at the spot the deceased persons had already died while Ghulam Mustafa my brother was lying already injured. It is incorrect to suggest that on the asking of Ghulam Mustafa PW I got this false case registered against my real father Riaz Ahmad accused ."
Investigating Officer PW-8 Muhammad Usman Ghani, Inspector deposed that "he did not record statement of any PWs regarding motive of the occurrence and he was put following suggestions:- "It is incorrect that on the day of occurrence Ghulam Mustafa injured tried to commit zina with Mst.Shabaab Bibi due to previous grudge of breaking his engagement with said Mst. Shabaab Bibi. It is further incorrect that accused murdered his mother, sister when they tried to save Shabaab Bibi from Ghulam Mustafa. It is incorrect that during this scuffle he also sustained injury. It is incorrect that he informed the complainant and then he lodged false against his father to save his skin."
On reviewing the entire prosecution evidence and the defence brought on record in the form of suggestions and statement of appellant Riaz Ahmad unde r section 342 Cr.P.C., we are convinced that prosecution concealed true facts of the case, though Ghulam Mustafa injured PW appeared before the court to prove the guilt of the appellant Riaz Ahmad who is also his father but we find that he is not truthful witness. We are not ready to accept the prosecution version that an old man of 70/75 years age killed three women, two of them young and also injured his young son Ghulam Mustafa PW-5 and no resistance was offered by any of the deceased ladies to save their lives.
Nature of injuries on the person of Ghulam Mustafa PW-5 which are simple injuries and his examination after 9 hours of the occurrence also cast doubt on the veracity of the prosecution version. Significantly when from the time of occurrence, when the appellant Riaz Ahmad was nominated as accused person in the commission of three ladies, no plausible explanation is available on record to justify that why postmortem was conducted on the deceased ladies on the following day after about 24 hours. Law has laid down burden on the prosecution to prove the guilt of the accused beyond reasonable shadow of doubt and it never shifts. Though presence of injured Ghulam Mustafa PW-5 is apparently established but it is not inflexible rule that injured witness always be truth.---- case law---When complainant of the case Ghulam Fareed admits that there were cordial relations between appellant Riaz Ahmad and his wife Mst. Shahnaz Bibi and nothing has been brought on the record that indicates that present appellant was of unsound mind or mad then it is hard to believe that appellant Riaz Ahmad for no reason had killed his wife Mst. Shahnaz Bibi, his daughter Mst. Nadra Bibi and his daughter-in-law Mst.Shabaab Bibi. Prosecution had to prove the plausible reason behind the murder of three innocent ladies. It can't take advantage of the failure of the accused to explain the reason behind this incident.
9. For what has been noted and discussed above, we by extending the benefit of doubt to the appellant Riaz Ahmad, accept Criminal Appeal No.261 of 2012 and acquit him of all the charges. He shall be releas ed forthwith if not required in any other case. Murder Reference is answered in negative.