1. FAZLE-AKBAR, J.-The petitioner Jalal Din stands convicted under section 302 of the Pakistan Penal Code and sentenced to transportation for life for the murder of one Yusuf. He has also been convicted under sections 307, 326 and 324, P. P. C. And sentenced to various terms of rigorous imprisonment.
2. The fact that he committed the murder and also injured various persons has not been challenged before us.
3. The learned counsel has, however, contended that the Courts below were not justified in rejecting the plea of insanity of the accused. No doubt, the evidence of the Doctor shows that the accused was a chronic patient of schizophrenia and that he was subject to occasional fits of insanity. Under section 84, P. P. C. The crucial point of time at which unsoundness of mind should be established is the time when the ac constituting the offence is committed and the burden of proving that the accused is entitled to the benefit of this exemption is upon him.
4. The accused has, however, failed to prove that at the time when he committed the offence he was incapable of knowing that what he was Join e was either wrong or contrary to law. On the other hand from the facts, evidence and circumstances of the case it appears that the attack was directed against those who were considered as his enemies. The fact that he selected his victim from those against whom he bore ill-will establishes that it was a crime not committed in a sudden fit of insanity but one that exhibited pre-meditation. The Courts below have therefore, rightly rejected the plea of self-defence.
5. It is proper to add that the State will take steps to have the accused treated in a Mental Hospital if and when he gets attack of schizophrenia, during his imprisonment.
6. The petition is accordingly dismissed.