Law: Penal Code (XLV of 1860)

Section: 302,84

Law: Criminal Procedure Code (V of 1898)

Section: 464,475

Law: Anti Terrorism Act, 1997

Section: 7

Law: West Pakistan Arms Ordinance, (XX of 1965)

Section: 13

(a) Penal Code (XLV of 1860)--- ----Ss. 302 & 84---Criminal Procedure Code (V of 1898), Chap. XXXIV [Ss. 464 - 475]---Anti-Terrorism Act (XXVII of 1997), S.7---West Pakistan Arms Ordinance (XX of 1965), S.13---Qatl-e-amd, terrorism and possessing unlicensed arms---Appreciation of evidence---Trial of unsound mind accused---Accused had been charged for murder of three young innocent persons and the trial had taken more than eight years without any substantial progress---Fact was established from medical reports of three successive Medical Boards, that accused was chronic patient of ‘schizophrenia’---Chapter XXXIV, Cr.P.C. provided full mechanism for the trial and other related matters of the person claimed to be of unsound mind---Under S.84, P.P.C. nothing was an offence which was done by a person who at the time of committing an offence by reason of unsoundness of mind was incapable of knowing the nature of act or whatever he was doing was wrong or contrary to law---In view of the mental status of accused in the light of successive medical reports, it was incumbent upon the Trial Court before commencing the trial to summon all or any of the members of Standing Medical Board to record their/Isis statement to offer specialized knowledge with regard to mental status of accused to ascertain whether he was of unsound mind-In the present case two provisions of law, which were prima facie beneficial for securing the ends of justice, provided in the statutes had not been observed, firstly to determine the mental capacity and status of accused in accordance with Chapter XXXIV, Cr.P.C; secondly his mental statics at the time of committing the offence to know whether the offence committed by accused was covered under the exception provided in S.84, P.P. C.---Said formalities were requirement of the law in the case when successive medical reports, given by competent Special Medical Boards constituted for that purpose had established that accused was not a person of sound mind---Conviction and sentence awarded to accused by the Trial Court were set aside and case was remanded to the Trial Court with directions to summon all or some of the members of Medical Boards before…

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