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
- 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
- Section 302, Indian Penal Code, 1860The punishment for murder is death or imprisonment for life with fine. A sentence below life imprisonment on a sustained murder conviction is unlawful. (¶ 5)
Held
- The minimum sentence for an offence under Section 302 IPC is imprisonment for life and fine. No sentence below life imprisonment can be imposed once a conviction for murder is maintained. (¶ 5)
- Having maintained the conviction under Sections 147, 148, 323 and 302/34 IPC, the High Court could not reduce the sentence to the period already undergone. That order was contrary to Section 302 and unsustainable. (¶¶ 3, 5, 6)
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.