NEW DELHI: The Supreme Court Friday termed as "unsustainable" the verdict of the Madhya Pradesh High Court reducing the sentence of life imprisonment awarded to a convict for the offence of murder to the period already undergone.
Observing that there cannot be any sentence less than life imprisonment if an accused is convicted for the offence of murder, the apex court noted that the high court had reduced the sentence to the period already undergone which is seven-year and ten months.
A bench of Justices M R Shah and Krishna Murari said that punishment for the offence of murder under section 302 of the Indian Penal Code (IPC) shall be death or imprisonment for life and a 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," the bench said while setting aside the high court verdict.
It said any punishment less than imprisonment for life for the offence punishable under this provision would be contrary to section 302 of the IPC.
"Having heard the counsel appearing on behalf of the state and considering the impugned judgement and order passed by the high court by which though the high court has maintained the conviction of the respondent-accused for the offence under section 302 IPC, but the high court has reduced the sentence to already undergone, i.e., seven years and ten months, we are of the firm view that the same is impermissible and unsustainable," the bench said.
The apex court delivered its verdict on a plea filed by the state of Madhya Pradesh against the high court verdict, which had partly allowed the appeal preferred by the convict and reduced the sentence from life imprisonment to the sentence already undergone while maintaining his conviction for the offences, including under section 302 of the IPC.
The bench noted that the trial court had convicted the accused along with others for the offences punishable under various sections of the IPC, including section 302, and sentenced him to life imprisonment.
It observed that by the time the high court passed the judgement reducing the sentence, the period of sentence undergone by the convict was approximately seven years and 10 months.
During the argument before the top court, the counsel representing the state said the high court has committed a serious error in reducing the sentence to the period already undergone.
While allowing the appeal, the bench restored the judgement and order passed by the trial court which had imposed life imprisonment.
It gave eight weeks for the accused to surrender before the concerned court or the jail authority.