Exclude the evidence of recovery of crime weapon and evidence of motive from consideration, the prosecution has successfully proved its case through confidence inspiring ocular account furnished

18. In the light of above discussion and having guidance from the esteemed judgments passed by the Hon’ble Supreme Court of Pakistan in the cases of Muhammad Nisar v. The State (2006 SCMR 161), Muhammad Nadeem alias Deemi v. The State (2011 SCMR 872) and Musa v. The State (2008 SCMR 997), we are of the opinion that even if we exclude the evidence of recovery of crime weapon and evidence of motive from consideration, the prosecution has successfully proved its case through confidence inspiring ocular account furnished by Ibrar Haider, (PW-9) which is strongly corroborated by the medical evidence, the dying declaration of Muhammad Inayat (deceased) and the result of investigation that has led us to an irresistible conclusion that the learned trial court has rightly convicted Ghulam Haider (appellant) through the impugned judgment.

Part of Judgment

LAHORE HIGH COURT RAWALPINDI BENCH, RAWALPINDI

Criminal Appeal

155-09

2015 LHC 6748