Law: Penal Code (XLV of 1860)

Section: 302(b)

Penal Code (XLV of 1860)--- ----S. 302(b)---Appreciation of evidence---Accused was directly nominated for commission of offence by the complainant in his promptly lodged report---Accused had confessed his guilt before the Judicial Magistrate, which confession was proved to be voluntary in nature---Plea of insanity raised by accused, being afterthought, was without force and was not appealing to reason---Nothing was on record to show that accused was insane at the time of committing the crime and the opinion of the Medical Board reflected his mental condition after the occurrence---Accused had committed the brutal murder of his niece who was a minor baby of 5/6 months---Injury spot of the deceased baby had revealed that she was killed through strangulation---In view of the proved, voluntary and true judicial confession,. which though retracted, but was strongly corroborated by the circumstances and medical evidence as well as the statement of prosecution witness, who had personally delivered the baby to accused; and whose statement could not be shattered by cross-examination, the prosecution had been able to successfully prove its case against accused, while his only plea of insanity at the time of occurrence, was not proved---Insanity developed during trial was quite different from that at the time of occurrence---Nothing was available on record to show that accused or any of his relatives had raised such plea of insanity---Trial Court had correctly appreciated the evidence and had rightly drawn the impugned conclusion which was not open to interference by the High Court---Conviction and sentence awarded to accused by the Trial - Court was maintained. Ch. Barkat Ali v, Major Karam Elahi Zia and another 1992 SCMR 1047; State v. Muhammad Naseer 1993 SCMR 1822; Ali Khan v. The State 1999 SCMR 955 and Imran Sharaf and 7 others v. The State 2001 SCMR 424 ref. JUDGMENT MUHAMMAD ALAM KHAN, J.--- This criminal appeal filed by the convict/appellant Nawab Khan son of Gul Wali is directed against the judgment, dated 12-12-2006 passed by the learned Additional Sessions Judge-II, Bannu in case F.I.R. No.378, dated 3-8-2002 under section 302/34, P.P.C. of Police Station…

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