Law:

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(a) Special leave to appeal to Supreme Court------Granted to consider whether plea of insanity was made out from evidence­ Penal Code (XLV of 1860), S. 84-Constitution of Pakistan (1956), Art. 160. (b) Penal Code (XLV of 1860)-------S. 84-"Ahnornrality" short of "unsoundness of mind rendering accused incapable of knowing nature of his act or that his action was wrong"-Plea of such "diminished responsibility" not available under S. 84-(Apart from evidence adduced in case, Report of Superintendents of fails called for by Supreme Court before deciding appeal). JUDGMENT HAMOODUR RAHMAN, J.-----The appellant Muhammad Shaft was charged with the murders of two minor sons of his younger brother and for the attempted murders of his own brother Saeed Ahmad, the latter's wife Anwar Bibi, another son and daughter of theirs and two of his own daughters Mst. Shaming and Mst. Nasim, at about mid-night between the 14th and 15th of June, 1959 He was convicted and sentenced to death for the above murders and sentenced to transportation for life on the other count by the trial Court. On appeal the High Court of West Pakistan maintained his convictions but reduced the sentence of death to one of transportation for life. The appellant, who used to reside with his brothers in the same house, was on this night sleeping with other members of the family on the roof. At about mid-night, however, on hearing a sudden hue and cry two of their neighbours Din Muhammad (P. W. 3) and Muhammad Siddiq (P. W. 4) were awakened and saw over the intervening walls the appellant armed with a tesha causing injuries to the members of his family whilst his brother Abdur Rahman was trying to disarm the appellant and take away the tesha from his hand. One of the injured sons of Saeed, named Daud, who was only 2J years old, was lying dead and the others were seriously injured. Din Muhammad (P. W. 5) reported the incident to the Station House Officer, Gujranwala City, at about 5 a.m. at the Sabzi Mandi, Police lost where he found the Police Officer during his rounds on patrol duty. The latter recorded his statement there and sent it to the Police station for formal registration. In this first information…

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