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: "T he 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