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. 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), Ss. 464 & 465---Qatl-i-amd, isqat-i-janin---Appreciation of evidence---Unsoundness of mind, proof of---Accused was charged for committing murder of his wife/sister of the complainant, while she had a developed fetus in her womb---When the charge was read, the accused had pleaded guilty by taking the plea that because of unsoundness of mind, he did not know what he was doing---Application was filed under Ss. 464 & 465, Cr.P.C. read with S. 84 of P.P.C. on behalf of the accused, assessing that the accused was of unsound mind---Medical Board was constituted and pursuant thereto, the accused was examined---Medical Board included the Senior Professor and head of the Psychiatry Department, after examining the accused, recorded its opinion to the effect that the accused had a history of psychosis which was most likely drug induced and for which he had been treated---Board was of the opinion that at the time of his examination the accused was found to be mentally fit to stand trial---Accused was also examined on numerous occasions by visiting psychiatrists and medical practitioners in the prison where he remained incarcerated during the trial---At no stage the Medical Experts reported signs of unsoundness of mind or any other mental disease rendering the accused incapable of making his defence during the trial---Circumstances established that the prosecution had proved its case beyond a reasonable doubt---Appeal was dismissed accordingly.

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