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Supreme Court of India · 02/09/2022

THE STATE OF MADHYA PRADESH versus NANDU @ NANDUA

[2022] 7 S.C.R. 487 · 2022 INSC 901

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Summary

The trial court convicted the accused under Sections 147, 148, 323 and 302/34 IPC and sentenced him to life imprisonment. The High Court kept the conviction, including under Section 302, but reduced the sentence to the roughly seven years and ten months already served. On the State's appeal, the Supreme Court held this impermissible. Section 302 provides for death or imprisonment for life with fine, so life imprisonment is the minimum sentence for murder. Any lesser sentence on a sustained Section 302 conviction is contrary to the statute. The life sentence was restored, and the accused was given eight weeks to surrender.

Issues

  1. Whether a High Court that maintains a conviction under Section 302 IPC can reduce the sentence to the period already undergone, below imprisonment for life

Provisions considered

Held

Result

Appeal allowed; the High Court's reduction of sentence was set aside and the trial court's sentence of life imprisonment restored; the accused was directed to surrender within eight weeks.

Judgment PDF: Supreme Court of India, [2022] 7 S.C.R. 487.