The bench ordered the accused to appear in court within eight weeks or face life imprisonment.
Digital Desk: The Supreme Court decided on Friday that if an accused is convicted of murder, an offence punishable under Section 302 of the Indian Penal Code, no term less than life imprisonment can be imposed (IPC).
According to a bench of Justices M R Shah and Krishna Murari, "If an accused is convicted of the offence punishable under Section 302 IPC, no sentence or punishment less than life imprisonment is permissible. "Any punishment shorter than life imprisonment for the offence punishable under Section 302 would violate Section 302 of the IPC."
The bench noted that the minimum term for murder under Section 302 IPC is imprisonment for life and a fine; hence, the minimum sentence would be imprisonment for life and a fine.
The Supreme Court decision came after the Madhya Pradesh government filed an appeal challenging the Madhya Pradesh High Court decision, which partially allowed the respondent's -- accused Nandu @ Nandua's -- appeal and reduced the sentence from life imprisonment to the sentence already undertoned while upholding his conviction for the offences under Sections 147, 148, 323, and 302/34 of the IPC.
The top court stated that when the high court issued the verdict and order decreasing the sentence, the accused had served about seven years and ten months of his sentence.
"Though the High Court has upheld the respondent's conviction for the offence under Section 302 IPC, the High Court has reduced the sentence to what has already been served, i.e., seven years and ten months. We are of the firm belief that the same is unlawful and unsustainable," it said.
It stated that the high court lowered the sentence to one that is less than life imprisonment, which is in violation of Section 302 of the IPC and is unsustainable.
"The judgement and order of the high court reducing the respondent's sentence to the sentence previously served while upholding the respondent's conviction for the offence under Sections 147, 148, 323, and 302 of the IPC is thus overturned and set aside."The learned trial court's decision and order imposing life imprisonment is reinstated.the bench stated.
The panel ordered the accused to submit to the relevant court within 8 weeks or face life imprisonment.
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