Law: Code of Criminal Procedure, 1898

Section: 265(2), 465

Law: Pakistan Penal Code (PPC),1860

Section: 302(b) , 324

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 265(2)--Requirements of--Unsound mind accused--It is evident from record that plea of mental illness was never raised by petitioner-convict during trial; consequently, Trial Court had no occasion to advert to requirements of Section 465, Cr.P.C--The said provision contemplates that where, during course of a trial before a Court of Session, an accused appears to be of unsound mind and incapable of making his defence, Court is under a legal obligation to inquire into factum of such unsoundness and incapacity--Upon being satisfied that accused is of unsound mind and incapable of defending himself, Court is required to record a finding to that effect and postpone further proceedings in matter--Sub-section (2) of Section 465, Cr.P.C. further provides that such inquiry shall be deemed to form part of trial--As stated earlier that at no stage of proceedings it was defence stance that petitioner-convict was incapable of understanding nature of proceedings or of making his defence--Likewise, no application seeking compliance with Section 465, Cr.P.C. was ever moved before Trial Court--It is also significant that entire trial was conducted in presence of petitioner-convict, and nothing is available on record to suggests that his demeanor or conduct during proceed ings created an impression before Trial Court that he was incapable of comprehending trial or effectively participating in his defence--Had there been any apparent incapacity on part of petitioner-convict to follow proceedings, same would naturally have attracted attention of Trial Court, necessitating recourse to procedure envisaged under Section 465, Cr.P.C.                               [P. 237] A Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302(b) & 324--Attempting to commit--Murder of his brother--Qatl-e-amd--Benefit of doubt--Ocular account--Medical evidence fully corroborates ocular accused--Appreciation of evidence--Plea of mental illness--The petitioner-convict is behind bars since his arrest and…