Division Bench of Supreme Court in, The State of Madhya Pradesh vs Nandu@Nandu, has held that, there cannot be any sentence/punishment less than imprisonment for life, if an accused is convicted for the offence punishable under Section 302 IPC. Any punishment less than the imprisonment for life for the offence punishable under Section 302 would be impermissible and unsustainable.
Facts
Trial Court convicted the respondent - accused alongwith other accused for the offence punishable under Sections 147, 148, 323 and 302/34 of the IPC and sentenced him to undergo life imprisonment. However, by the impugned judgment and order, though the High Court has maintained the conviction of the accused for the offence under Sections 147, 148, 323 and 302/34 of the IPC by giving benefit of right to private defence, the High Court has thereafter interfered with the sentence and reduced the same to the already undergone by him.
At this stage, it is required to be noted that by the time, the High Court passed the impugned judgment and order reducing the sentence, the period of sentence undergone by the respondent - accused was approximately seven years and ten months.
Feeling aggrieved by the impugned order of the High Court, the state preferred the present appeal.
Contention Made
Appellant (state): That once an accused is held to be guilty for the offence punishable under Section 302 IPC, the minimum sentence, which is imposable would be the imprisonment for life and, therefore, any punishment/sentence less than the imprisonment for life shall be contrary to Section 302 of the IPC.
Court Observation
The Division Bench of Supreme Court of India while deciding the validity of the impugned order passed by the HC observed that, There cannot be any sentence/punishment less than imprisonment for life, if an accused is convicted for the offence punishable under Section 302 IPC. Any punishment less than the imprisonment for life for the offence punishable under Section 302 would be contrary to Section 302 IPC.
Court Judgment
SC while restoring the judgment of Trial Court imposing the life imprisonment has held that By the impugned judgment and order though the High Court has specifically maintained the conviction of the accused for the offence under Sections 147, 148, 323 and 302/34 of the IPC, but the High Court has reduced the sentence to sentence already undergone which is less than imprisonment for life, which shall be contrary to Section 302 IPC and is unsustainable.
Hence the same is quashed and set aside.
Case: The State of Madhya Pradesh vs Nandu@Nandu
Citation: CRIMINAL APPEAL NO. 1356 OF 2022
Bench: Hon’ble Justice M.R. Shah, Justice Krishna Murari
Decided on: 2nd Septmeber, 2022.
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