Law:

Section:

Penal Code (XLV of 1860)--- ----S. 302---Qatl-e-amd---De novo trial of accused---Accused was tried and was sentenced to death---On filing appeal by accused against his conviction and sentence, Appellate Court set aside impugned conviction and sentence, and sent the case back with the direction to get accused examined by Medical Board and proceed with the case in accordance with law in the light of the opinion of the Board---Accused was got examined accordingly, and according to Medical Board accused was suffering from "paranoid schizophrenia", which was a major mental illness and was to be treated in a secure unit of prison---Trial Court adjourned the case sine die till the recovery of accused from said illness---Subsequently Standing Medical Board submitted the report regarding fitness of accused, according to which accused was in a position to understand the nature of his crime---Trial Court vide impugned order started de novo trial of accused---Petitioner, had impugned said order of de novo trial contending that evidence of prosecution having already been recorded at the time when accused was not mentally deranged, impugned order was against the law, and was liable to be set aside---Validity---During previous trial, accused was not examined through Standing Medical Board, as to whether he could understand the proceedings of the court, and its consequences or not---After remand of the case, accused was declared to be suffering from "Paranoid schizophrenia" by Standing Medical Board, which was major mental illness; and Board was of the opinion that he could not understand the proceedings of the court and could not defend himself---Order of de novo trial passed by the Trial Court, in circumstances, was in accordance with law, which needed no interference by High Court, in revision. JUDGMENT ASSADULLAH KHAN CHAMKANI, J.---This Criminal Revision has been filed against the judgment/order of learned Additional Sessions Judge/Izafi Zila Qazi, Matta dated 12-12-2011, whereby den novo trial of the accused in case F.I.R. No. 25 dated 14-1-2003 under section 302, P.P.C. registered at Police Station Matta, was ordered. 2. Facts of the case are that Ailam Khan was…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492