Can Life Sentence Be Reduced By Giving Benefit Of Right To Private Defence While Maintaining Murder Conviction ? : SC Issues Notice

Can a High Court, while maintaining murder conviction, reduce the life sentence to that already undergone, by giving the benefit of right to private defence?

The Supreme Court might examine this issue in a special leave petition filed by the State of Madhya Pradesh against a Madhya Pradesh High Court judgment.

In this case, the trial Court (in the year 1995) convicted Nandu @ Nandua and other accused for the offences punishable under Sections 147, 148, 323 and 302/34 of the IPC and sentenced him to undergo life imprisonment. The Madhya Pradesh High Court (in the year 2019) confirmed the conviction of the accused, but partly allowed the appeal by reducing the sentence imposed on Nandu to that already undergone by him.

To reduce the sentence, the High Court said it was giving benefit of right to private defence to him, though he had exceeded that right. Regarding this, the bench had made the following observations in the judgment: "When accused-Nandu has also received the injuries in the incidence and that is with respect to putting a check on fixing fence allegedly encroaching upon the land of the accused persons. The appellant No.1-Nandu can derive the benefit of right to private defence and when he himself received the injuries due to not having any explanationa, though the said right to private defence is exceeded looking to the nature injuries received by him. The argument of the counsel for the appellant to give the benefit in the sentence already served by him which is more than 7 years and 10 months, appears to be just for exceeding the right on the private defence by him."

Before the Apex Court, the State which filed Special Leave Petition against the High Court judgment, contended that once the conviction for the offence under Section 302 of the IPC is maintained, the only sentence which can be imposed would be life imprisonment. Thus, according to it, the High Court committed a grave error in reducing the sentence to the period already undergone i.e. 7 years and 10 months.

The bench comprising Justices MR Shah and BV Nagarathna, taking note of these contentions, issued notice for final disposal.

Case : State of Madhya Pradesh vs Nandu @ Nandua 

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