Murder Convict Cannot Be Sentenced To Punishment Less Than Life Imprisonment : Supreme Court

There cannot be any sentence/punishment less than imprisonment for life, if an accused is convicted for murder offence under Section 302 of the Indian Penal Code, the Supreme Court observed in a judgment today (2 September 2022).

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 explanation, 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 bench, the Deputy Advocate General Ankita Chaudhary appearing on behalf of the State submitted that when the High Court has maintained the conviction of the accused for the offence punishable under Section 302 IPC, the punishment which can be imposed would be punishment with death or imprisonment for life and also fine, but in any case, it shall not be less than the imprisonment for life.

While considering appeal filed by the State, the Apex Court bench of Justices noted that the High Court has reduced the sentence to already undergone, i.e., seven years and ten months.The court observed:

"The punishment for murder under Section 302 IPC shall be death or imprisonment for life and fine. Therefore, the minimum sentence provided for the offence punishable under Section 302 IPC would be imprisonment for life and fine. There cannot be any sentence/punishment less than imprisonment for life, if an accused is convicted for the offence punishable under Section 302 IPC. Any punishment less than the imprisonment for life for the offence punishable under Section 302 would be contrary to Section 302 IPC. By the impugned judgment and order though the High Court has specifically maintained the conviction of the accused for the offence under Sections 147, 148, 323 and 302/34 of the IPC, but the High Court has reduced the sentence to sentence already undergone which is less than imprisonment for life, which shall be contrary to Section 302 IPC and is unsustainable"

Observing thus, the bench restored the punishment of life imprisonment imposed by the Trial Court.

Case details

State of Madhya Pradesh vs Nandu @ Nandua | 2022 LiveLaw (SC) 732 | CrA 1356 OF 2022 | 2 September 2022 | Justices MR Shah and Krishna Murari

Indian Penal Code, 1860 ; Section 302 - There cannot be any sentence/punishment less than imprisonment for life, if an accused is convicted for the offence punishable under Section 302 IPC. (Para 5)

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