Man gets 40 days jail in 37-year-old assault case

Published on 08 Nov 2017 by Team

Around 8pm on June 14, 1980, Ram Lagan's pet barked at Tribhuwan, who hurled filthy abuses at the pet owner and his son in front of their family members.The five convicts appealed against the trial court verdict before Allahabad HC, which took 24 years to decide the appeal. Under the IPC, launching murderous attack on a person is punishable with a jail term of up to seven years.

NEW DELHI: After a classic case of delay that erodes public faith in the judiciary, the Supreme Court drew curtains on a 37-year-old case of murderous assault by sentencing the lone surviving convict to just 40 days' imprisonment, which he had undergone during trial and hence would not be required to go back to jail.

The case from Azamgarh in UP has a bizarre genesis. A pet dog's barking infuriated a passerby to such an extent in June, 1980 that he came back with his associates to launch a murderous attack on the pet owner, who succumbed to injuries a few days later.

Around 8pm on June 14, 1980, Ram Lagan's pet barked at Tribhuvan, who hurled filthy abuses at the petowner and his son in front of their family members. It led to sharp abusive exchanges.

Pic courtesy-muv2016

Police filed chargesheet against Tribhuwan and his five accomplices 1981. The sessions judge gave his verdict on January 1982. He convicted five of the accused, including Tribhuwan, but acquitted one. It sentenced one to life imprisonment for murder and others to four years' in jail. The five convicts appealed against the trial court verdict before Allahabad HC, which took 24 years to decide the appeal. The HC altered the life imprisonment to imprisonment for 10 years to one accused and set aside the jail term of others by imposing fine of Rs 10,000 on each. The state government appealed against the HC decision in the SC.

During the pendency of the appeal for 10 years in the SC, three of the accused died and appeal against one was dismissed in 2010 for non-compliance of SC orders by the state. The lone appeal against Tribhuwan was put up for scrutiny before a bench of Justices R K Agrawal and A M Sapre.

The defence counsel argued that since Tribhuwan had not inflicted the murderous injuries on the de ceased, the 37 long years of the case and 40 days' imprisonment he had undergone as an undertrial prisoner should be considered enough punishment.

Under the IPC, launching murderous attack on a person is punishable with a jail term of up to seven years and it also mandates that a person convicted under this provision must undergo imprisonment and also pay fine.

Justice Sapre, writing the judgement for the bench, said: "The HC had no jurisdiction to fully set aside the jail sentence and substitute it by imposing only a fine of Rs 10,000. In our considered opinion, having regard to the time consumed by the litigation (37 years)... coupled with the findings of two courts wherein it was held that Tribhuwan did not cause any injury to the deceased or the other injured person, we are inclined to uphold his conviction and award punishment of imprisonment for 40 days with fine of Rs 10,000."

"Since he has already undergone the jail sentence of 40 days partly as as an undertrial and partly as a convict, he is not required to undergo any further jail sentence in the case at hand," the bench said closing the case.

 

Source: Times Of India


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