Law: Penal Code (XLV of 1860)

Section: 84, 302

(a) Penal Code (XLV of 1860) S. 84--Insanity, plea of [Murder trial]--Benefit of insanity under S. 84-Can be availed if, legal insanity is established-Mere queer behaviour-Does not establish legal insanity-No material on record to establish that by reason of unsoundness of mind accused was incapable of under standing nature of his own acts or that what he did was either wrong or contrary to law-Accused attempting to give an Impression that he was not sane as he was getting revelations-Obliging admission of prosecution witnesses; in favour of accused also not indicating accused's' mental imbalance but indicative only of accused's deep religious attitude-Accused' S conduct immediately; after occurrence in escaping to avoid arrest giving no clue of insanity rather display ing a conduct of sane man-Accused, held, set up a case of feigned insanity, in circumstances-Penal Code (XLV. of 1860), S. 302. Ata Muhammad v. The State P L D 1960 Lah. 111 rel. (b) Penal-Code (XLV of 1860) S. 302-Murder-Sentence- Accused admitting throughout to have killed both deceased boys and also injured other prosecution witnesses--Plea of insanity taken by accused repelled--Accused committing brutal murders actuated bye malice and revenge-Death' sentence maintained in circumstances. Zahooul Haq for Appellant. Date of hearing : 7th October 1970. JUDGMENT MUHAMMAD HALEEM, J..-Appellant Aurangzeb was fried and convicted under section 302 for causing the murders of two boys, namely, Abban and Yar Muhammad and under, sections 326 and 324, P. P. C. for causing grievous and simple injuries to Mst. Phapul, Ghulam Muhammad, Muhammad Yousuf, Muhammad Ali and Yasmeen, a baby aged 8 months, by a hatchet. On the first count he was sentenced to death, on the second,' 4 years' rigorous imprisoment and a fine of Rs. 500 or in default of payment of fine to suffer rigorous imprisonment for 6 months and on the third, rigorous imprisonment for one year. He has appealed from jail against his conviction on the above counts while the learned Second Additional Sessions Judge, Hyderabad has referred the case for the confirmation of his death sentence. This judgment will dispose of both…