Law: Penal Code (XLV of 1860)

Section: 302, 84

Law: Evidence Act (I of 1872)

Section: 105

Penal Code (XLV of 1860) S. 302 read with S. 84 and Evidence Act (I of 1872), S. 105-Murder trial-Insanity-Parties closely related, not on inimical terms, and no motive possible for setting up false charge of murder-Prosecution also supported by oral dying declaration of deceased and by deceased's son, a child capable of making intelligent statement-Infliction of injury by fire-arm not contested but accused's case contested to be covered by S. 84-Previous history of accused showing him to have had occasional fits of insanity-Circumstantial, medical, and oral evidence leading to presumption of accused having had an attack of his schizophranic illness resulting in unsoundness of his mind making him incapable of knowing nature of his act at time of com mission of offence-Conviction set aside but accused appellant ordered to be detained in safe custody at Mental Hospital for treatment and report to Provincial Government. M. Monir's Law of Evidence (1969 Edn.), pp. 265-266; State v. Balahari Das P L D'1962 Dacca 467 ; Atta Muhammad v. State P L D 1960 Lah. 111 ; Safdar Ali v. The Crown P L D 1953 F C 93 ; Deorao v. Emperor A I R 1946 Nag. 321; Ghulam Yusaf v. The Crown P L D 1953 Lah. 213 ; Ghazi Khan and another v. The State P L D 1965 Quetta 33 and Abdullah v. The State 1972 P Cr. L J 1041 ref. Date of hearing : 4th November 1974.                                                                                                                             JUDGMENT SHAH ZAMAN BABAR, J.--Noor Ali Shah (aged 35 years) son of Hidayat Ali Shah, caste Sayed, of Bai Bala Police Station Oghi, Tehsil Mansehm was tried under section 302, P. P. C. for having committed the murder of Mst. Zaffarun Nisa wifa of Hikmat Shah of Bai Bala on 27-10-1971 (month of Ramazan) at peshin vela by firing at her with rifle in village Bai Bala. The trial was held by the then…