Prerna Gala
Published by: 03 September 2022 at 20:09 IST
The Supreme Court bench comprising of Justices MR Shah and Krishna Murari observed in a judgement that an accused convicted for murder offence under Section 302 of the Indian Penal Code should not be sentenced to punishment less than imprisonment for life.
In this case, the accused named Nandu @ Nandua and other accused were convicted for the offences punishable under Sections 147, 148, 323 and 302/34 of the IPC and were subsequently sentenced to undergo life imprisonment by the Trial Court (in the year 1995).
The High Court of Madhya Pradesh in the year 2019 confirmed the conviction of the accused and also partly allowed the appeal by reducing the sentence imposed on Nandu to that already undergone by him. Though the accused had exceeded his right to private defense the benefit of right to private defense is being given to him stated the High Court of Madhya Pradesh.
Appearing on behalf of the state before the apex court the Deputy Advocate General Ankita Chaudhary submitted that when high court has maintained the conviction of the accused under Section 302 of IPC which says – Whoever commits murder shall be punished with death, or [imprisonment for life], and shall also be liable to fine.
Therefore, the punishment imposed in this case should not in any case be less than imprisonment for life. Finally, the Court ordered Sharanaru to be remanded in police custody for three days for investigation.
The High Courts order to reduce sentence already undergone i.e., seven years and ten months which is less than imprisonment for life, is contrary to Section 302 and is therefore unsustainable .
Observing thus, the punishment of life imprisonment imposed by the Trial Court is restored by the bench.