Section 308 (2) is not liable for murder. Appraise the evidence the There is no witness to this case, even the investigating officer, the medical officer, and the counsel for the location of the ward. And that the evidence of the first two witnesses was not presented to secure the bodies of the deceased, it was not in the direction of their first statements, which were given under Sections 161 and 164, no record to the CCPC. Was not available for disclosure, even if the deceased had children and was subjected to a post-mortem investigation during the investigation, the complainant was declared admissible, an eyewitness was not presented in evidence, though His statement was presented to the court under section 646464, CRPC, for failing to support the case against the other witness and the defendant deemed guilty. Was not given. The court believed in the alleged confession of the accused and used it as sufficient evidence to prove the guilt of the accused for the perpetration of the crime, after examining the accused after ignoring the evidence, In a written medical opinion, it was stated that the suspect was suffering from `schizophrenia '. And given that the nature of his illness, he was a high risk of future violation, based on such doctor's opinion, that the defendant's confession could be voluntarily admitted with guilt. It was believed that his balanced state of mind was unbalanced. Medical evidence cannot be denied before the Judicial Magistrate on the basis of medical evidence that the result of such a condition at the time of the incident or that his acquittal, the confession of the accused was, in the circumstances, suspicious and to be the basis. ??
Related judgments — Karachi High Court Sindh, 2011