Law: Criminal Procedure Code, 1898

Section:

  Criminal Procedure Code (V of 1898), S. 465---Holding inquiry and trying fact of unsoundness of mind with aid of assessors necessary only when accused appears to Court to be of unsound mind incapable of making his defence-Mere making of application on behalf of accused that he was of unsound mind does not necessitate holding of inquiry-Judge after putting certain questions to accused and satisfying himself that accused was not of unsound mind, dispensing with necessity of holding inquiry and of deciding question initially with aid of assessors-Procedure, held, not illegal.   Sher Afzal v. The State P L D 1960 Pesh. 66 and Santok Singh v. Emperor A I R 1926 Lah. 498 distinguished.   Emperor v. Durga Charan Singh A I R 1938 Cal. 6 ; Emperor .v. Bahadur A I R 1928 Lah. 796 and Nabi Ahmad Khan v. Emperor A I R 1932 Oudh 190 rel.   Penal Code (XLV of 1860), S. 302-Murder-Sentence Accused facing trial on capital charge for more than 5 years--- Death sentence not called for.   Fateh Muhammad v. Bagoo and others P L D 1960 S C (Pak.) 286 ; Moonda and others v. The State P L D 1961 Lah. 333 and Ibrahim and another v. The State P L D 1959 Lah. 715 ref. JUDGMENT   S. A. MAHMOOD, J.---Abdul Hamid, aged 40, has been sentenced to death under section 302, Pakistan Penal Code, for having com mitted the murder of Maulvi Mahmood-ul-Hassan on the night between the 30th of April 1957, and the 1st of May 1957, at about 2 a.m., in the mosque. This is an appeal on his behalf. His case is also before us for confirmation of the death sentence. The appeal and the reference will be disposed of by-this judgment.   Maulvi Mahmood-ul-Hassan deceased was Pesh Imam of the Jamea Masjid, Lorralai, and was aged about 45 or 50 years at the time of his murder. The deceased went in Etikaf the 20th of Ramzan, 1957, in a corner of the main room of the mosque, which adjoined the hujra. The hujra had a communicating door with his residential quarter, where his family resided. On the 30th of April 1957, which was the 28th of the Ramzan, the appellant came to the mosque where the deceased was reading out a book to Karim Bakhsh (P. W. 8), Mulla Latif and Abdur Rashid…