Law: Pakistan Penal Code, 1860

Section: 302(b),84

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 84---Qatl-e-amd, act of a person of unsound mind---Appreciation of evidence---Death sentence, confirmation of---Belated plea of insanity---Pre-planned occurrence---Promptly lodged F.I.R.---Medical evidence corroborating ocular account---No probability of misidentification or false implication---Recovery of weapon and its empties---Deliberate abscondence by accused with guilty mind---Effect---Accused allegedly fired at and killed his brother and wife as he suspected them of having illicit relations---Trial Court sentenced accused to death under S.302(b), P.P.C.---Contention on behalf of accused was that he was mentally unstable, and that he committed the offence as a result of sudden and grave provocation---Validity---Contention regarding mental condition of accused was neither raised at the time of framing of charge nor at the time of recording of his statement under S.342, Cr.P.C.---No application was submitted by accused in Trial Court to verify his mental condition by way of constitution of a Medical Board, and even to date no proof was brought on record regarding mental condition of accused---Plea of insanity raised by accused at belated stage could not be considered---Record showed that accused entered the house and found his brother sleeping, while his wife was offering her prayers, so there was no reason for accused to act on basis of grave and sudden provocation---Present offence was a pre-planned incident---Report of occurrence was lodged within two hours of the occurrence---Place of occurrence was a far-flung area at a distance of 24 to 25 kilometers from the police station with no appropriate transport facility, therefore, delay in lodging F.I.R. was of no significance---Witnesses were also not cross-examined on the point of delay in lodging F.I.R. and no suggestion was put to them regarding deliberation and consultation---Presence of two of the prosecution witnesses at the place of occurrence seemed to be natural as they were inmates of the house, wherein occurrence took place---Statements of prosecution witnesses were consistent on material points and veracity of their evidence could not be…

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