Law:

Section:

(a) Penal Code (XLV of 1860)--S. 295-B---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted by Supreme Court to consider the plea of insanity raised by the accused, in that, on the record report of Medical Board was available wherein he was stated to be suffering from Homic Depressive Psychosis but fit for trial. (b) Penal Code (XLV of 1860)--- ----Ss. 295-B & 84---Constitution of Pakistan (1973), Art. 185---Appreciation of evidence---Eye-witnesses who apparently had no axe of their own to grind had supported the prosecution story---Prosecution evidence showed that the accused was not mentally abnormal at the time of commission of the crime nor was he in a disturbed condition in any manner whatsoever---Accused had failed to prove that he was suffering from a mental disease at the time of occurrence---Appeal was dismissed in circumstances. JaIal Din v. State 1974 SCMR 214; Lal Khan v. The Crown PLD 1982 Lah. 105; Ghulam Yousaf v. The Crown PLD 1953 Lah. 213; Fazal Haider v. The State 1973 SCMR 295 and Muhammad Shafi v. State PLD 1962 SC 472 ref. (c) Penal Code (XLV of 1860)--- ----S. 84---Accused bound to prove his plea of insanity at the time of occurrence---Where protection is claimed under S. 84, P.P.C., on the plea of insanity, burden is on the accused to prove unsoundness of his mind at the time of occurrence---Mere abnormal conduct of accused is not covered by exception contemplated by the said provision. ---[Burden of proof]. Jalal Din v. State 1974 SCMR 214 ref. (d) Penal Code (XLV of 1860)--- ----S. 84---Protection where not available---Protection under S. 84, P.P.C. is not available where accused is capable of knowing the nature of his acts or that what he is doing is either wrong or contrary to law. Ghulam Yousaf v. The Crown PLD 1953 Lah. 213; Fazal Haider v. The State 1973 SCMR 295 and Muhammad Shafi v. State PLD 1962 SC 472 ref. Muhammad Munir Peracha for Appellant. Ch. Muhammad Irfan, Advocate Supreme Court for the State Date of hearing: 27th May, 1998. JUDGMENT IRAHAD HASAN KHAN, J.---This appeal, with the leave of the Court, is directed against the judgment of the Lahore High Court, Lahore dated 29-11-1992 passed in…

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