under section 34 IPC and the judgments of the Courts below, insofar as convicting him for the same, are set aside. 19. As far as the sentence is concerned, considering the gravity and nature of the offence and all other relevant factors, the Courts can modify the punishment or reduce / enhance the period of sentence imposed on the accused. At this juncture, it will be apposite to refer to some judgments of this Court. The Constitutional Bench of this Court (majority view) in Union of India v.16 V.Sriharan8, has held that “there is a power which can be derived from IPC to impose a fixed term sentence or modified punishment which can only be exercised by the High Court or in the event of any further appeal, by the Supreme Court and not by any other court”. Placing reliance on the said decision of the Constitutional Bench, this Court in Shiva Kumar @ Shiva @ Shivamurthy v. State of Karnataka9, has observed as follows: “14…We have no manner of doubt that even in a case where capital