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24. It is the specific contention of the prosecution that the accused persons have committed the offences punishable under Sections 397 and 506(B) of IPC. The burden lies upon the prosecution to establish that the accused Nos.1and 2 along with the split-up accused No.3 and 4 committed the offence under Section 397 of IPC and Section 506(B) of IPC. Here itself it is necessary to refer to Section 397 of IPC, which reads as under :

397. Robbery, or dacoity, with attempt to cause death or grievous hurt.-- If, at the time of committing robbery or dacoity, the offender uses any deadly weapon, or causes grievous hurt to any person, or attempts to cause death or grievous hurt to any person, the imprisonment with which such offender shall be punished shall not be less than seven years.

29. Here itself it would be appropriate to take note of the decision in the case of Shri Phool Kumar vs.Delhi Administration (1975) 1 SCC 797 wherein it is observed as hereunder:

"5. Section 392 of the Penal Code provides:

Whoever commits robbery shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine; and, if the robbery be committed on the highway between sunset and sunrise, the imprisonment may be extended to fourteen years. The sentence of imprisonment to be awarded under Section 392 cannot be less than seven years if at the time of committing robbery the offender uses any deadly weapon or causes grievous hurt to any person or attempts to cause death or grievous hurt to any person: vide Section

Further Section 397 IPC deals with "robbery with attempt to cause death or grievous hurt," which is a more severe offense. If a person is charged under Section 397, it means they are accused of committing robbery with the intention to cause death or grievous hurt. While Section 392 IPC, on the other hand, deals with "robbery" in general.

34. Now, the question before the court is :

"506. Punishment for criminal intimidation.--Whoever commits, the offence of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both;If threat be to cause death or grievous hurt, etc.--

And if the threat be to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or imprisonment for life, or with imprisonment for a term which may extend to seven years, or to impute, unchastity to a woman, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both."