In a significant legal case, the State has filed an appeal against the reduction of sentence in a murder conviction by the High Court. The Court’s analysis emphasizes the necessity of imposing imprisonment for life for offenses under Section 302 of the IPC. The decision underscores the importance of upholding the prescribed punishment for serious crimes, ensuring justice is served appropriately.
Facts
- The State is aggrieved with the judgment and order passed by the High Court of Madhya Pradesh at Jabalpur in Criminal Appeal No 219 of 1995.
- The High Court partly allowed the appeal by the accused Nandu @ Nandua, reducing his sentence from life imprisonment to a sentence already undergone.
- The conviction of the accused under Sections 147, 148, 323, and 302/34 of the IPC was maintained by the High Court.
- The State has filed the present appeal against the reduction of sentence by the High Court.
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Arguments
- The High Court maintained the conviction of the accused under Section 302 IPC but reduced the sentence to already undergone (seven years and ten months).
- Imprisonment for life or death penalty is the prescribed punishment for murder under Section 302 IPC.
- The reduction of the sentence to already undergone is impermissible and unsustainable as per Section 302 of the IPC.
- The State’s counsel argued that the punishment should not be less than imprisonment for life when the accused is convicted under Section 302 IPC.
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Analysis
- The respondent was convicted for various offences under the IPC and sentenced to life imprisonment.
- The appellant State was represented by Ms. Ankita Chaudhary, Deputy Advocate General.
- The Trial Court found the respondent guilty along with other accused based on the evidence presented.
- The offences for which the respondent was convicted include Sections 147, 148, 323, and 302/34 of the IPC.
- High Court maintained the conviction of the accused for offences under Sections 147, 148, 323, and 302/34 of the IPC.
- Benefit of the right to private defence was given.
- The High Court interfered with the sentence and reduced it to the time already served by the accused.
- The minimum sentence for the offence under Section 302 IPC is imprisonment for life and a fine.
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Decision
- The High Court’s decision to reduce the sentence of the accused is quashed and set aside.
- The Trial Court’s judgement imposing life imprisonment is restored.
- The appeal is successful.
- Reducing the sentence to the one already undergone is insufficient for an offence under Section 302 IPC.
- Imprisonment for life is necessary for an offence under Section 302 IPC.
- The accused is to be arrested and undergo life imprisonment within eight weeks.
Case Title: THE STATE OF MADHYA PRADESH Vs. NANDU @ NANDUA (2022 INSC 901)
Case Number: Crl.A. No.-001356-001356 / 2022
