Law: Penal Code (XLV of 1860)

Section: 302, 84

Law: Lunacy Act, (IV of 1912)

Section: 4-A

Law: Evidence Act (I of 1872)

Section: 45 (b) , 105

(a) Penal code (XLV of 1860) S. 302-Confession, retracted--Could be legally taken into con sideration against its maker and if found true and voluntary, no corroboration necessary-Such confession in law can validly form sole basis of conviction of accused. State v. Minhun alias Gut Hassan P L D 1964 S C 815 ref. (b) Penal Code (XLV of 1860) S. 302 read with Lunacy Act (IV of 1912), S. 4-A-Murder-Plea of insanity-Alleged admission of lunatic in asylum-Section 4-A(3) of Act IV of 1912 makes it mandatory that application for admission shall be accompanied by recommendation in form prescribed and signed by two medical practitioners-Doctor-in-charge of a Lunatic Asylum deposing in favour of accused but when confronted with provisions of Ss. 4 & 4-A of Act IV of 1912 pleading ignorance of procedure prescribed therein for admission of lunatics-Held: Ignorance of law no excuse; testimony of doctor valueless. Nazir Ahmad v. King-Emperor A I R 1936 P C 253(2) ref. (c) Penal Code (XLV of 1860) Ss. 302 & 84 read with Evidence Act (I of 1872), Ss. 45, illus. (b) & 105-Murder-Insanity, plea of-Legal insanity contemplated under S. 84, P. P, C, different from medical insanity-Burden of proving existence of circumstances bringing a case within provision of S. 84, P. P. C-Must always under S. 105, Evidence Act lie upon accused Mere fact of accused's detention for some time in mental institution Not sufficient to establish necessary degree of insanity. The plea of unsoundness of mind of the accused was suggested by the defence at a very belated stage and probably a last resort in prejudging the fate of the case. None of the prosecution witnesses was put any question with respect to the unsoundness of mind or the behaviour of the appellant at the time of the commission of the crime On the other hand, the answers of the appellant at the time of his statement in the inquiry Court, the framing of the charge against him, the explanation of the purport of the charge against him at tile commencement of the trial and the answers which he gave while examined at th-2 trial, showed that he gave rational answers to the questions and was capable of knowing the nature of his…