report of Medical Board has been received which is placed on record through
C.M.A. No. 7386 of 2020. The findings of the Medical Board are as under:"It is assessed by panel that Ms. Kaniza is having Mutism (Not Speaking),
unresponsive to commands, lack of eye contact, talking to herself, lack of
warmth, socially inappropriate smile (smiling not in response to
environment). On further assessment, she has Alogia (No Speech), Avolition
(Lack of motivation), Anhedonia (complete lack of interest), Apathy (No
Emotional Response, lack of Spontaneity) (lack of prompt action verbal,
emotional and physical), slowness, negativism (Negative or opposite
physical reaction), self-muttering (talking to herself in very low voice) and
withdrawn emotionally (Isolated from environment) ... ... ... She has been
diagnosed as having severe lifelong Mental illness "schizophrenia". She will
need lifelong treatment Psychiatric tools could not be applied because of her
mental status."
81. It has been observed by us that Mst. Kaneezan Bibi is behind bars for the last
about 32 years meaning thereby that she has served out more than the alternate
sentence provided under section 302(b), P.P.C. i.e. imprisonment for life. On this
score, it is a fit case where principle of legitimate expectancy of life can be
invoked. The office has reported that after dismissal of her criminal appeal by this
Court on 02.03.1999, she did not file any review petition. In the circumstances of
the case, since no review petition has been filed by Mst. Kaneezan Bibi, we while
exercising our suo motu jurisdiction to review coupled with the power available to
this Court under Article 187 of the Constitution to do complete justice, review the
judgment dated 02.03.1999 only to the extent of Crl. Appeal No. 415 of 1994 filed
by Mst. Kaneezan Bibi. Consequently Crl. Appeal No. 415 of 1994 is partly
allowed. The conviction of Mst. Kaneezan Bibi under section 302(b)/34, P.P.C. on
six counts is maintained, however, her sentence of death on six counts is converted
into imprisonment for life on six counts. It has been observed by us that Mst.
Kaneezan Bibi was also directed by the learned trial Court to pay fine of
Rs.20,000/- and in default of payment of fine, she has to undergo 05 years RI, on
each count, which sentence in default is otherwise against the relevant provisions of
law. Therefore, she is directed to pay compensation of Rs.20,000/- under section
544-A, Cr.P.C. to legal heirs of each deceased, in default whereof she will have to
undergo SI for six months on each count. Benefit of section 382-B, Cr.P.C. is
extended to her. All the sentences of imprisonment of Mst. Kaneezan Bibi shall run
concurrently.
82. However, in view of the medical opinion placed on record regarding the
mental health condition of convicts Imdad Ali and Mst. Kaneezan Bibi, we direct
the Government of the Punjab to immediately shift them from prison to Punjab
Institute of Mental Health, Lahore for treatment and rehabilitation in accordance
with provisions of Prison Rules. On the completion of their sentence, they shall be
examined afresh by the Medical Board required to be notified by the Government
of Punjab in pursuance of the directions issued in this judgment. They shall be
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