AFZAL KHAN versus THE STATE
In the Pakistan Penal Code Sections 302 and 307 Criminal Procedure Code (v. 1898), Section 428 was found guilty by the appellate court. Further evidence has been alleged that he was suffering from mental illness and yet he was a victim of intelligence. Due to the trial, he was unable to instruct his lawyer and was unable to defend himself. The trial court found that he was a lunatic under the CHAP XXXIV CR PC, because he was unaware of the accused's insanity. He was not tried as a person and the convicts were acquitted. Under the circumstances and from time to time he was sent to the mantle hospital for examination and upon recovery he was instructed to re-prosecute due to the offenses under law.
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