IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
PRESENT: 
Mr. Justice Mushir Alam 
Mr. Justice Yahya Afridi 
Mr. Justice Qazi Muhammad Amin Ahmed 
 
 
 
Criminal Appeal No.277 OF 2020  
(Against judgment dated 20.10.2010 passed by the 
Lahore High Court Multan Bench in Crl. Appeal 
Nos.173 of 2008 with M.R. No.375/2005) 
 
 
 
Zulfiqar Ali 
 
 
…Appellant(s) 
 
 
 
 
 
Versus 
 
 
The State  
…Respondent(s) 
 
 
For the Appellant(s): 
Mr. Rizwan Ejaz, ASC. 
 
For the State:  
Mirza Abid Majeed, 
 
Deputy Prosecutor General Punjab. 
 
Date of hearing: 
12.11.2020. 
 
JUDGMENT 
 
 
 
Qazi Muhammad Amin Ahmed, J.- The appellant stands 
convicted for committing Qatl-i-Amd of her sister-in-law Fareeda alias 
Pappa, 30, her brother Shabbir Ahmed, 25 and mother Jameela, 55/60 
at 3:30 p.m. on 1.9.2004 within the precincts of Police Station City 
Dera Ghazi Khan. The learned Sessions Judge Dera Ghazi Khan vide 
judgment dated 09.06.2005 sentenced him to death on three counts of 
homicide within the contemplation of clause (b) of section 302 of the 
Pakistan Penal Code, 1860, altered into imprisonment for life on each 
vide impugned judgment dated 20.10.2010, vires whereof, are being 
assailed on a variety of grounds through leave by the Court.  
 
The incident was reported by Sagheer Ahmed (PW-9) related to 
each deceased in first degree; according to him, her sister Fareeda alias 
Pappa was happily married with appellant’s brother Umar Ali for past 
8/9 years; she complained appellant’s indecent overtures to her 
husband who shifted the family to another premises. On the fateful 
day, Fareeda alias Pappa had come to visit her mother when the 
appellant arrived at the scene; he took a razor (ustra) from his pocket 
and dealt multiple blows to Fareeda on her face and head after 
exhorting revenge; deceased’s mother Jameela and brother Shabbir 
Criminal Appeal No.277 of 2020 
2
Ahmed tried to intervene; the appellant picked a wooden plank (mohli) 
and hit them both in their heads. This happened, as per the 
complainant, within his view as well as those of Muhammad Ashraf 
and Muhammad Kashif (given up PWs), residents of Block-C, attracted 
to the venue that situated in Block-H. The witnesses tried to 
apprehend the appellant but were kept at bay by his threats. Appellant 
again dealt blow to Fareeda in her head, already fallen on the ground 
and severed her trachea. Resistance by Fareeda alias Pappa to 
appellant’s carnal designs is cited as a motive for the crime. 
 
The casualties were shifted to D.H.Q. Hospital D.G. Khan; upon 
arrival the females were pronounced dead, however, Shabbir Ahmed, 
being unconscious with a solitary wound on top of skull, briefly 
struggled for life, however, lost the battle on 3.9.2004. Police recovered 
wooden plank (mohli) P-12 and razor (ustra) P-13, both stained with 
blood of human origin. Abandoned by the witnesses named in the 
crime report, Sagheer Ahmed (PW-9) and his sister Muniran Mai  
(PW-10) entered the witness box to drive home the charge. 
 
Though the leave was primarily granted to consider the 
implication of consecutive commutation of sentence in the absence of 
any direction to the contrary by the High Court, however, in the 
peculiar facts and circumstances of the case and with a view to ensure 
safe administration of criminal justice, we have allowed the learned 
counsel for the convict, appointed at State expense, to argue at full 
length all the available grounds. According to the learned counsel, the 
case set up in the crime report hopelessly fails to inspire confidence; he 
has taken us to the statement of Sagheer Ahmed (PW-9) to 
demonstrate that it was the very first day of the family in the house of 
occurrence as they had shifted there same day and, thus, there was no 
occasion for the appellant or for that matter anyone else to know about 
the presence of Fareeda alias Pappa at the venue, according to the 
prosecution, the prime targeted chased by the appellant; he next 
argued that, be that as it may, the appellant had no axe to grind 
against Shabbir Ahmed and Jameela Bibi who too were brutally 
murdered while identically placed Sagheer Ahmed (PW-9) remained 
unscathed. A razor/ustra, hardly a choice weapon for an assassin 
covering long distance to engage his victim, is yet another intriguing 
aspect of the case inasmuch as it certainly could not allow the 
appellant to accomplish the task with any degree of ease under the 
shadow of witnesses, six in number, two deceased inclusive. Similarly, 
Criminal Appeal No.277 of 2020 
3
there appears no earthly reason as to why the appellant almost slit the 
neck of Fareeda alias Pappa when she was already lying dead on the 
ground; there is far more than what meets the eye, concluded the 
learned counsel. Highlighting the horrors of the incident, the learned 
Law Officer has faithfully defended the impugned judgment; he has 
referred to the promptitude in recourse to law and medical examination 
as well as autopsy shortly thereafter to argue that there was hardly any 
time for the prosecution to put up a false case with a view to swap the 
real offender.  
2. 
 
Heard. Record perused. 
3. 
 
Though the human response/reaction, in a sudden crisis, 
particularly one striking awe and terror, cannot be gauged or assessed 
with any degree of empirical certainty as fear impacts differently upon 
faculties of the onlookers, nonetheless, despite maximum latitude, in 
the given scenario, it really appears hard for the appellant who 
operated with impunity in the face of heavy presence of the witnesses; 
deceased being herself “a young female with average-built” could not be 
expected a static target offering no resistance. Razor (P-13), commonly 
used by the barbers, given its moving handle instead of a fixed grip, is 
an instrument to be managed with some difficultly against a moving 
object; it risks the handler more than the intended target and as such 
unless the victim is stunned as a stone, a possibility beyond 
contemplation for the witnesses standing nearby to foil the attempt; 
they included three able-bodied males in their youth; their inaction is 
mindboggling and explanation far from being plausible, circumstances 
that in retrospect insinuate their absence at the scene; two of them, 
named conspicuously in the crime report failed to come forward to 
support the prosecution. Muniran Mai (PW-10), the next eye witness, 
has substituted them with Jan Muhammad and Eisa PWs; they too 
opted to stay away. Amongst others, Fareeda alias Pappa was survived 
by four children; their ages are not on the record, however, given the 
family composition and magnitude of brutality inflicted upon their near 
and dear, they wouldn’t have countenanced their father’s abstention to 
facilitate offender’s escape from justice. The above circumstances, 
cumulatively confirm that despite colossal loss of lives, the prosecution 
has not come forward with the whole truth and that unmistakably 
presents a situation that does not allow, in the absence of evidentiary 
certainty, to maintain conviction without potential risk of error. 
Consequently, by extending benefit of the doubt, criminal appeal is 
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4
allowed; impugned judgment dated 20.10.2010 is set aside; the 
appellant is acquitted of the charge; he shall be released forthwith if 
not required by law. 
 
 
 
 
Judge 
 
 
Judge 
 
 
Judge 
Islamabad, the 
12th November, 2020 
Not approved for reporting 
Azmat/- 
