Sentence/punishment Can’t be less than Imprisonment for Life, if an Accused is Convicted for Murder: Supreme Court
The Supreme Court stated that Sentence/punishment cannot be less than imprisonment for life, if an accused is convicted for Murder.
Court Observation
The division bench of Justice M.R. Shah and Justice Krishna Murari observed that the High Court has maintained the conviction of the respondent – accused for the offence under Section 302 IPC, but the High Court has reduced the sentence to already undergone, i.e., seven years and ten months.
The court viewed that it is impermissible and unsustainable.
The court said that the punishment for murder under Section 302 IPC shall be death or imprisonment for life and fine. Therefore, the minimum sentence provided for the offence punishable under Section 302 IPC would be imprisonment for life and fine. There cannot be any sentence/punishment less than imprisonment for life, if an accused is convicted for the offence punishable under Section 302 IPC.
Background
Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Madhya Pradesh at Jabalpur in Criminal Appeal by which the High Court has partly allowed the said appeal preferred by the respondent accused Nandu and has reduced the sentence from life imprisonment to the sentence already undergone while maintaining his conviction for the offences under Sections 147, 148, 323 and 302/34 of the Indian Penal Code (IPC), the State has preferred the appeal.
Arguments
Ankita Chaudhary, Deputy Advocate General, appearing on behalf of the State, vehemently submitted that when the High Court has maintained the conviction of the accused for the offence punishable under Section 302 IPC, the punishment which can be imposed would be punishment with death or imprisonment for life and also fine, but in any case, it shall not be less than the imprisonment for life.
She contended that the High Court has committed a very serious error in reducing the sentence to already undergone (seven years and ten months).
Decision
The court quashed and set aside the impugned judgment and order passed by the High Court reducing the sentence of the respondent accused to the sentence already undergone while maintaining the conviction of the respondent accused for the offence under Sections 147, 148, 323 and 302/34 of the IPC and restored the judgment and order passed by the Trial Court imposing the life imprisonment.
Case title: The State of Madhya Pradesh v/s Nandu @ Nandua
Citation: CRIMINAL APPEAL NO. 1356 OF 2022
