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The State of Madhya Pradesh vs Nandu @ Nandua

Criminal Appeal · 2022 INSC 901Decided 2 Sept 2022
Criminal Appeal No. 1356 of 2022
M.R. Shah · Krishna Murari

Background

The respondent, Nandu @ Nandua, was convicted by the trial court along with other accused for offences including murder (Section 302 read with 34 IPC) and sentenced to life imprisonment. The Madhya Pradesh High Court, while upholding his conviction (extending him the benefit of right to private defence on the degree of the offence), reduced his sentence to the period he had already undergone in custody: about seven years and ten months. The State of Madhya Pradesh challenged this reduction before the Supreme Court.

Decision Breakdown

The Supreme Court held that once a person's conviction under Section 302 IPC (murder) is maintained, the law permits only two sentences: death, or imprisonment for life, along with a fine. There is no room for any lesser punishment. The High Court, having upheld the conviction, could not simultaneously reduce the sentence to time already served, since that would fall below the statutory minimum for the offence. The Court found this legally impermissible and unsustainable, allowed the State's appeal, quashed the High Court's sentence reduction, and restored the trial court's original life-imprisonment sentence. The respondent was given eight weeks to surrender before the trial court/jail authorities.

Lesson Learnt

Courts cannot award a sentence below the statutory minimum prescribed by law, for murder under Section 302 IPC, if the conviction stands, the only permissible sentences are life imprisonment or death; "sentence already undergone" is not a legally available option.

Official source (sci.gov.in)View Judgment (PDF)

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