Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Sentence/Sentencing – ss.147 148 323 and 302/34 of IPC |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
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. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2022 INSC 901 |
Petitioner | The State Of Madhya Pradesh |
Respondent | Nandu @ Nandua |
SCR | [2022] 7 S.C.R. 487 |
Judgement Date | 2022-09-02 |
Case Number | 1356 |
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