1997SCMR1295 (PLP)
MUHAMMAD ISMAIL ‑‑‑Petitioner Versus NOOR MUHAMMAD and others‑‑‑Respondents
| Citation | 1997SCMR1295 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Zia Mahmood Mirza, Irshad Hasan Khan and Raja Afrasiab Khan, JJ |
| Parties | MUHAMMAD ISMAIL ‑‑‑Petitioner Versus NOOR MUHAMMAD and others‑‑‑Respondents |
| Primary Law | Penal Code (XLV of 1860)‑‑‑ |
Q1: What are the key laws and sections cited in 1997SCMR1295 (PLP)?
This judgment primarily cites: Penal Code (XLV of 1860)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1997SCMR1295 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Zia Mahmood Mirza, Irshad Hasan Khan and Raja Afrasiab Khan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1997SCMR1295 (PLP) (MUHAMMAD ISMAIL ‑‑‑Petitioner Versus NOOR MUHAMMAD and others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sh. Naveed Shahryar, Advocate Supreme Court with Syed Abut Aasim Jafri, Advocate‑on‑Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 2nd April, 1997.
Headnotes / Summary
(On appeal from the judgment of Lahore High Court, Lahore dated 14‑2‑1996 in Cr.A. No. 210 of 1992 and Murder Reference No. 115/92). ‑‑‑‑S. 302‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Petition for leave to appeal‑‑‑Leave to appeal was granted to complainant to examine whether High Court was justified in awarding the lesser penalty of imprisonment for life to the accused.
Judgment & Decree
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 too 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. N.H.Q./M‑3373/S Leave granted.