Law:

Section:

(a) Criminal Procedure Code (V of 1898)--S. 465---Penal Code (XLV of 1860), S.302---Constitution of Pakistan (1973), Art.185(3)---Lunacy---Plea of insanity of accused raised by his brother had been rejected by the two Courts below on the ground that the accused did not claim to be insane and he had refused to get himself medically examined on the ground of his being a normal person---Documents placed before the Court showed that the accused had remained in the Mental Hospital for treatment--­Leave to appeal was granted to consider the question whether in such circumstances it was incumbent upon the Courts to have sent the accused for medical examination on the point whether he was insane or not or the Courts could decide such question on the basis of other attending circumstances of the case. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 464 & 465---Lunacy---Court bound to take action under Ss.464 & 465, Cr.P.C.---When a Court is confronted with the question during an inquiry or trial whether or not an accused is of unsound mind and incapable of understanding the proceedings against him, it has to take action under Ss.464 & 465, Cr.P.C. as the case may be. Noor Jehan v. The State PLD 1980 Pesh. 103; Muhammad Naseem v. The State 1982 SCMR 754; Tariq Zaman v. The State PLD 1986 Pesh. 27; Said Rasul v. Muhammad Fazil and another 1990 PCr.LJ 210; Ata Muhammad v. The State PLD 1960 (W. P.) Lah. 111; Abdul Hamid v. The State PLD 1962 (W.P.) Quetta 111 and Mubarak Ali v. Muhammad Hachi Miah PLD 1967 Dacca 701 ref. (c) Criminal Procedure Code (V of 1898)--- ----Ss. 464 & 465---Lunacv---Court under no obligation to investigate the fact of unsoundness of mind of accused---Where it does not appear to the Court at all from its own observations or any other factor that the accused is, because of unsoundness of mind incapable to make his defence, it is under no obligation to investigate the fact of unsoundness of his mind. Noor Jehan v. The State PLD 1980 Pesh. 103; Muhammad Naseem v. The State 1982 SCMR 754; Tariq Zaman v. The State PLD 1986 Pesh. 27; Said Rasul v. Muhammad Fazil and another 1990 PCr.LJ 210; Ata Muhammad v. The State PLD 1960 (W. P.)…

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