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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: MUHAMMAD ISMAIL VS Respondent: NOOR MUHAMMAD And Other
Court Name: Supreme Court of Pakistan Judge(s): Irshad Hasan Khan, Raja Afrasiab Khan, Zia Mahmood Mirza Title: MUHAMMAD ISMAIL vs NOOR MUHAMMAD And Other Case No.:Criminal Petition No. 151-L of 1996Murder Reference No. 115/92r.A. No. 210 of
1992 Date of Judgment:1997-04-02 Reported As: 1997 SCMR 1295 Result: Leave granted Judgment ORDER ZIA MAHMOOD MIRZA, J.---Noor Muhammad respondent No. l was convicted by the trial Court under section 302, P.P.C., and awarded death sentence for causing the murder of Mst. Hajira Bibi, daughter and Ata Ullah son of Muhammad Ismail petitioner/complainant. On appeal, the learned Judges of the High Court have maintained the conviction of Noor Muhammad respondent but have commuted the death sentence to life imprisonment on the ground that the respondent's sister Mst. Sakina who was married to the deceased's brother Remzan had been deserted by her husband. Learned counsel contends that the reason for which the death sentence of the respondent has been converted to life imprisonment had no nexus with the crime committed by the respondent and is to far-fetched. 2. Leave to appeal is granted to examine whether the High Court is justified in awarding the lesser penalty to the convict/respondent Noor Muhammad.