Stereo H C J D A 38.

Judgment Sheet
IN THE LAHORE HIGH COURT, MULTAN BENCH.
JUDICIAL DEPARTMENT

Murder Reference No.11 of 2015

The State v. Riaz Ahmad.

Criminal Appeal No.261 of 2012

Riaz Ahmad. v. The State.

JUDGMENT

Date of hearing: 21.03.2017____________________________________

Appellants by: Mr. Muhammad Aamir Khan Bhutta, Advocate.___

Complainant by: Mr. Ijaz Ahmad Toor, Advocate.________________

State by: Ch. Muhammad Akbar, Deputy Prosecutor General.

------------

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.
 2
Murder Reference No.11/2015,
Crl. Appeal No.261/2012.

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 23.12.2011 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 sentenced 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-PA/1)

as under:-

1 ً‫بیان کیا کہ میں نصیر ٓاباد کالونی کا رہائشی الری اڈا پر چاول چھولے کی ریڑھی لگاتا ہوں امروز تقریبا‬
‫مرتضی نے مجھے فون کیا کہ گھر میں لڑائی جھگڑا ہورہا ہے والد ریاض‬
ٰ ‫بجے دن میرے چھوٹے بھائی غالم‬
‫ولد غال م محمد قوم راجپوت والدہ کو مارپیٹ کر رہا ہے میں گھر کی طرف روانہ ہوا تو راستے میں میرےساتھ‬
‫ذوالفقار عرف بودی ولد بابو خان قوم راجپوت سکنہ بدھلہ سنت جو اسی وقت ٓایا تھا محمد شاہد ولد عبدالرشید‬
 3
Murder Reference No.11/2015,
Crl. Appeal No.261/2012.

‫قوم مغل سکنہ نصیر ٓاباد کالونی بھی شامل ہوگئے جونہی میں تیزی سے گھر میں داخل ہوا تو میرے والد نے‬
‫مصطفی نے‬
ٰ ‫مرتضی اور غالم‬
ٰ ‫غالم مصطفی کو پکڑا ہوا تھا اور قینچی سے اس پر وار کررہا تھا برادرم غالم‬
‫چیخ چیخ کر کہا کہ ابو نے والدہ شہناز ٓاپ کی بیوی شباب اور بہن نادرہ کو قینچی کےپہ درپے وار کر کے‬
‫مصطفی کوسنبھاال او میں معہ گواہان کمرے میں داخل‬
ٰ ‫شدید زخمی کر دیا ہے جونہی ہم نے زخمی برادرم غالم‬
‫کال کر کے‬1122 ‫ہوئے اور دیکھا کہ والدہ ام شہناز میری بیوی مسماۃ شباب مردہ حالت میں پڑی تھیں فوری‬
‫زخمیوں کو نشتر ہسپتال پہنچایا گیا میری بہن نادرہ جو زخموں کی تاب نہ ال کر نشتر ہسپتال پہنچتے ہی دم توڑ‬
‫گئی وجہ عناد یہ ہے کہ میں نے پہلی بیوی مسماۃ شازیہ کو طالق دے دی تھی اب بہن سمیرا کے وٹہ پر مسماۃ‬
‫شباب مقتوال سے چندماہ قبل گھر والوں کی مرضی سے شادی ہوئی تھی اس بات پر میرے والد ریاض کو رنج‬
‫ بیوی اور بہن‬، ‫تھا جس وجہ سے گھر میں اکثر لڑائی جھگڑا رہتا تھا میرے والد نے مشتعل ہو کر میری والدہ‬
‫مصطفی کو مضروب کیا ہے برائے کاروائی تھاہ جارہا تھا ٓاپ مل گئے‬
ٰ ‫کو ناحق قتل کیا ہے میرے بھائی غالم‬
‫ایس ایچ او مورخہ‬/ ‫ہیں کاروائی کی جاوے العبد دستخط غالم فرید مذکور تصدیقی دستخط شاہد فاروق ایس ٓائی‬
21.11.2009

5. At trial, to establish guilt of the appellant Riaz Ahmad, Ghulam

Fareed complainant 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
 4
Murder Reference No.11/2015,
Crl. Appeal No.261/2012.

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:-
 5
Murder Reference No.11/2015,
Crl. Appeal No.261/2012.

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 ½ 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.

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
 6
Murder Reference No.11/2015,
Crl. Appeal No.261/2012.

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
 7
Murder Reference No.11/2015,
Crl. Appeal No.261/2012.

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
under 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
 8
Murder Reference No.11/2015,
Crl. Appeal No.261/2012.

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 released
forthwith if not required in any other case. Murder Reference is answered
in negative.

(Syed Shahbaz Ali Rizvi) (Ahmad Raza Gilani)

Judge Judge

Approved for reporting.

Judge Judge

Hamid/*