SAMI ULLAH vs State Ss — 2022 PCrLJ 1739 ISLAMABAD

Case information

Citation: 2022 PCrLJ 1739 ISLAMABAD
Court: Islamabad High Court
Year: 2022
Reporter: PCRLJ
Parties: SAMI ULLAH vs State Ss
Subject matter: Criminal
Provisions referred to: S. 342---Q; S. 342; S. 84; C---Criminal Procedure Code (V of 1898)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

SAMI ULLAH VS State Ss. 84, 302 & 338-C---Criminal Procedure Code (V of 1898), S. 342---Qatl-i-amd, isqat-i-janin---Appreciation of evidence---Defence plea as unsoundness of mind---Accused was charged for committing murder of his wife/sister of the complainant, while she had a developed fetus in her womb---In his statement, recorded under S. 342, Cr.P.C., the accused had reiterated the plea of suffering from hallucinations and that he had also remained admitted in a medical facility for treatment---Accused stated that he had gone to sleep and when he woke up he found that he had killed the deceased in a state of unsoundness of mind---Despite taking the specific defence of insanity under S. 84, P.P.C., the accused could not produce cogent and reliable evidence to prove cognitive impairment at the time of the commission of the offence---In order to discharge the onus, the brother of the accused entered the witness box, besides contradicting the plea taken by him, he was of no help in establishing the factum of unsoundness of mind at the time of the commission of the offence---Testimony of said witness confirmed the existence of marital disputes---Defence witness had deposed that the accused was engaged in business and was financially supporting his family---Nothing was on record to even remotely suggest that during the trial the accused might have suffered from mental disease or cognitive impairment, rendering him incapable to put up a defence---Circumstances established that the prosecution had proved its case beyond a reasonable doubt---Appeal was dismissed accordingly.

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