Law: Penal Code (XLV of 1860)

Section: 302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 465

Penal Code (XLV of 1860)--- ----S. 302(b)---Criminal Procedure Code (V of 1898), S. 465---Qatl-i-amd---Appreciation of evidence---Lunatic, trial of---Mental illness---Determination---Accused lady was convicted by Trial Court and was sentenced to imprisonment for life---Plea raised by accused was that she was mentally ill and Trial Court did not determine such fact---Validity---Complainant himself admitted mental illness of accused and Trial Court did not refer her to Standing Medical Board for examination and thereafter to proceed with the case in accordance with law---Trial Court incorrectly opted to conclude the trial without adverting to the provisions of S. 465, Cr.P.C.---High Court directed Trial Court to conduct inquiry regarding mental illness of accused after examining her through Standing Medical Board consisting of qualified medical experts in the field of mental health, who would opine whether accused was capable or otherwise to understand proceedings of trial and make her defence---High Court set-aside conviction and sentences of accused and remanded the matter to Trial Court for decision afresh---Appeal was allowed accordingly. Sirajuddin v. Afzal Khan and another PLD 1997 SC 847 and Mst. Safia Bano and another v. Home Department Government of Punjab through Secretary and others PLD 2021 SC 488 ref. JUDGMENT ISHTIAQ IBRAHIM, J.---This Jail Criminal Appeal, filed by Mst. Shakira, the appellant, is directed against the judgment dated 05.12.2022, passed by learned ASJ/Judge Model Criminal Trial Court, Mardan, whereby the appellant having been found guilty of committing the Qatl-i-amd of Mst. Marjina and Azkan, has been convicted under section 302(b), P.P.C. and sentenced to imprisonment for life as Ta'zir on two counts and to pay Rs.4,00,000/- as compensation under section 544-A, Cr.P.C., to legal heirs of the deceased and in default thereof to further undergo six months simple imprisonment, vide case FIR No.78 dated 16.01.2019, registered under sections 302/34, P.P.C., at Police Station Jabbar, District Mardan. Benefit of section 382-B, Cr.P.C., has been extended to the appellant. 2. The prosecution's case as per First Information Report (FIR) Exh.PA…

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