MUHAMMAD ISMAIL vs NOOR MUHAMMAD And Other
This matter arises from a petition for leave to appeal filed by the complainant challenging the judgment of the High Court, whereby the respondent's conviction under section 302 of the Pakistan Penal Code 1860 for murder was maintained, but the death sentence was commuted to life imprisonment on the ground that the respondent's sister had been deserted by her husband, who was the brother of the deceased. The core legal question is whether the High Court was justified in awarding the lesser penalty of life imprisonment based on a mitigating circumstance that had no direct nexus to the commission of the crime. The Supreme Court granted leave to appeal to examine the validity of the commutation of the death sentence. The principle laid down is that mitigating circumstances considered for commuting a death sentence to life imprisonment must have a direct nexus to the crime committed rather than being far-fetched.
- Whether the High Court is justified in awarding the lesser penalty to a convict based on a far-fetched mitigating circumstance?
- Does the desertion of the convict's sister by her husband constitute a valid mitigating circumstance for commuting a death sentence under section 302 of the Pakistan Penal Code 1860?
- Section 302, Pakistan Penal Code 1860
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.