condemned prisoner, and said Board opined that the accused was suffering from
chronic schizophrenia (insanity), and that considering the present mental state of
accused, it was likely that the illness had already started at the time of the
commission of the crime, and he might have committed murder under the
delusional belief of persecutions (insanity)---In such circumstances the conviction
of accused under S.302(b), P.P.C. was maintained, however, his sentence of death
was converted into imprisonment for life---Appeal was partly allowed.
(h) Penal Code (XLV of 1860)------Ss. 84 & 302(b)---Qatl-i-amd---Reappraisal of evidence---Mentally ill prisoner
on death row suffering from chronic schizophrenia (insanity)---Sentence, reduction
in---Conversion of death sentence to imprisonment for life---Legitimate expectancy
of life, principle of---Scope---Accused was behind bars for the last about 20 years
and had served out substantive part of alternative sentence provided under
S.302(b), P.P.C. i.e. imprisonment for life---Secondly the motive set up by the
prosecution was disbelieved by the Trial Court after assigning valid and convincing
reasons---On the principle of legitimate expectancy of life, the accused was entitled
to conversion of death sentence to that of imprisonment for life---Conviction of
accused under S.302(b), P.P.C. was maintained, however, his sentence of death was
converted into imprisonment for life---Appeal was partly allowed with the Supreme
Court holding that its observations in the judgment reported as Mst. Safia Bano v.
Home Department, Government of Punjab and others (PLD 2017 SC 18) were not
relevant anymore and were of no legal effect---Supreme Court directed the
Provincial Government to immediately shift the accused from prison to Punjab
Institute of Mental Health, for treatment and rehabilitation in accordance with
provisions of Prisons Rules, 1978; that on the completion of his sentence, he shall
be examined afresh by the Medical Board required to be notified by the Provincial
Government, and that he shall be released from the hospital as and when the said
Medical Board opined that he was fit for himself and for the society.
Sikandar Hayat and another v. The State and others PLD 2020 SC 559 ref.
PLD 2017 SC 18 held to be not relevant anymore and of no legal effect.
(i) Penal Code (XLV of 1860)------Ss. 84, 302(b) & 34---Qatl-i-amd, common intention---Reappraisal of evidence--Mentally ill prisoner on death row suffering from severe lifelong schizophrenia--Sentence, reduction in---Conversion of death sentence to imprisonment for life--Legitimate expectancy of life, principle of---Scope---Medical Board constituted for
the purpose of examining the accused opined in its report that she suffered from
Alogia (no speech), Avolition (lack of motivation), Anhedonia (complete lack of
interest), Apathy (no emotional response, lack of spontaneity), lack of prompt
verbal, emotional and physical action, slowness, negativism, self-muttering (talking
to herself in very low voice) and withdrawn emotionally (isolated from
environment); that she had severe lifelong mental illness "schizophrenia" and
would need lifelong psychiatric treatment---Furthermore case record showed that
the accused was behind bars for the last about 32 years meaning thereby that she
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents