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Criminal Petition for Special Leave to Appeal No. 288 of 1967, decided on 6th December 1967.
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 25th September 1967, in Criminal Appeal No. 549 of 1966).
S. 301‑Murder‑Senteree‑High Court on appeal reducing sentence of accused from death to trans portation for life on ground that he was subject to frequent relapses of schizophrenia‑View of High Court that responsibility of accused for murder was diminished, held, to be correct‑Petition for special leave to appeal to Supreme Court dismissed.
Muhammad Nadir Malik, Advocate Supreme Court instructed by Abdul Karim Sheikh, Attorney for Petitioner.
Nemo for Respondents.
Date of hearing: 6th December 1967.
‑The petitioner calls in question the order of the High Court reducing the sentence of death awarded to Wali Muhammad, respondent, under section 302, P. P. C. for the murder of his brother's wife to transportation for life.
The defence evidence disclosed that a year before the occurrence the respondent had suffered from schizophrenia and was admitted for treatment to the Government Mental Hospital, Lahore. Mr. Mohammad Rashid Chowdhury, Medical Super intendent, deposed that there were frequent relapses of the schizophrenia from which the respondent suffered although he was certified to be fit when discharged from the hospital.
The view taken by the High Court that the responsibility of the respondent for murder was diminished is plainly correct.
The petition for leave to appeal is dismissed.
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