Law:

Section:

Penal Code (XLV of 1860)-------S. 302---Criminal Procedure Code (V of 1898), Ss. 464 & 539---Qatl-i-amd---Lunatic---Determination---Report of Medical Board---Accused claimed to be suffering with schizophrenic illness and filed application for declaring him as lunatic---Validity---Mere determination by Jail Medical Officer about unsoundness of mind of accused had no meaning as he was residing in jail and there was a possibility that he had influenced Jail Medical Officer for declaring him unfit for trial---Report firstly submitted by Medical Board was not proper in its form and court had rightly directed the Board to resubmit the same and the Board on the basis of first examination conducted in respect of accused had submitted report later on, treating accused fit for facing trial---When first report was not signed by all members of Medical Board, then it could not be that opinion given by all members was correct and all agreed with the same---Medical Board was not facing pressure of institution of contempt petition and did not change its view---Accused alleged his sickness prior to occurrence and his admission in hospitals and receiving treatment from different Medical Officers but no proof of such treatment was appended with application for examination of court, as such the same showed malice on the part of accused to have wrongful gain by declaring him unfit to stand trial---Plea of unsoundness of mind was raised at belated stage which also did not inspire confidence and cast serious doubt upon bona fide of accused---Revision was dismissed in circumstances. ORDER SYED MUHAMMAD KAZIM RAZA SHAMSI, J.---The petitioner has assailed the legality of proceedings dated 28-4-2012, recorded by the learned Additional Sessions Judge, Sheikhupura whereby the court after examining the record had formed an opinion that charge be framed against the accused/petitioner and proceeded to frame charge as such against Shahzad Ali, Jehangir Babar and Muhammad Rafique. Before considering merits of the case, a brief history of the case is required to be mentioned that is, Shahzad Ali and his two co-accused had killed Muhammad Ashiq as well as Mst. Majeedan Bibi, the brother and…

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