Law: Penal Code (XLV of 1860)

Section: 84,302

Law: Constitution of Pakistan, 1962

Section: 58(3)

(a) Penal Code (XLV of 1860)----- ----S. 84 Insanity Burden of proof Crucial point of time at which unsoundness of mind to be established Time when act constituting offence is committed--�Burden of proving entitlement to benefit of exemption Lies on accused. (b) Penal Code (XLV of 1860)---- ----S. 302 read with S. 84 Con�viction for murder Leave to appeal sought on ground that Courts below here not justified in rejecting plea of insanity Accused failing to prove that at time he committed offence he was incapable of knowing what he was doing was either wrong or contrary to law  Petition dismissed Constitution of Pakistan (1962), Art. 58(3).  Dr. Javed Iqbal, Advocate Supreme Court instructed by Mushtaq Ahmad Khawaja, Senior Attorney for Petitioner. Nemo for Respondent. Date of hearing: 9th October 1967.JUDGMENTFAZLE AKBAR, J. The petitioner Jalal Din stands convicted under section 302 of the Pakistan Penal Code and sentenced to transportation for life for the murder of one Yosuf. He has also been convicted under sections 307, 326 and 324, P. P. C. and sentenced to various terms of rigorous imprisonment.The fact that he committed the murder and also injured various persons has not been challenged before us.The learned counsel has, however, contended that the Courts below were not justified in rejecting the plea of insanity of the accused. No doubt, the evidence of the Doctor shows…