The State of Madhya Pradesh vs Nandu @ Nandua

Court

Supreme Court of India

Date

2 September 2022

Case No.

Criminal Appeal No. 1356 of 2022

Result

Allowed

Bench

M.R. Shah, Krishna Murari

Citation

[2022] 7 S.C.R. 487 : 2022 INSC 901

Headnote

Sentence/Sentencing – ss.147,148,323 and 302/34 of IPC – Reduction of sentence by the High Court – Proper or not – The respondent-accused along with other accused was convicted for the offence punishable u/ss.147,148,323 and 302/34 of IPC and was sentenced to life imprisonment by the trial Court – High Court maintained the conviction under aforesaid sections but reduced the sentence to approximately seven years and ten months, the period of sentence undergone by the respondent – State approached the Supreme Court and submitted that the reduction in sentence is contrary to s.302 IPC – On appeal, held: Though the High Court has maintained the conviction of the respondent for the offence u/s.302 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 s.302 IPC and is unsustainable – Judgment and order of High Court set aside – Judgment and order passed by the trial Court restored.

The Judgment of the Court was delivered by M. R. SHAH, J. 1. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Madhya Pradesh at Jabalpur in Criminal Appeal No. 219 of 1995 by which the High Court has partly allowed the said appeal preferred by the respondent - accused – Nandu @ Nandua and has reduced the sentence from life imprisonment to the sentence already undertone while maintaining his conviction for the offences under Sections 147, 148, 323 and 302/34 of the Indian Penal Code (IPC), the State has preferred the present appeal. 2. We ha

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