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PW.4 is the injured eyewitness. He had the occasion to see the accused for quite a long time, he has identified (1972) 4 SCC 733 1985 Crl LJ 1621 2013 SCC online Del 3120 2019 SCC Online Del 7855 (2010) 12 SCC 254 2021 SCC Online SC 1279 (2020) 2 SCC 474 ILR 2005 KAR 4780 the accused. Under such circumstances even if the Test Identification parade evidence fails that is not fatal to the prosecution case. The evidence of PW.4 was corroborated by the evidence of PWs.5 and 6. The presence of PWs.5 and 6 at the scene of offence is probable and natural. Their evidence further corroborated by the evidence of Medical officer. Soon after the incident, the victim was taken to the hospital with the history of the assault. The evidence of PWs.4 to 6 was further corroborated by the medical evidence and evidence of police witness. By such evidence charges against the accused stood proved beyond reasonable doubt. To invoke Section 397 of IPC the use of deadly weapon is a pre-condition. If there is attempt to cause death or grievous hurt to the victim during the course of robbery by using deadly weapon, then also section 397 of IPC is attracted. The evidence of PW.4 and 10, the wound certificate at Ex.P8 shows that injuries were inflicted on the neck, a vital part and several injuries on chest, abdomen etc. That itself goes to show that there was attempt to cause grievous hurt or death. Therefore the conviction under Section 397 IPC sustains.
(ii) He was found in Arasikere Railway station with such injuries.
(iii) The accused were authors of such injuries. (2002) 10 SCC 518

15. Sections 397 and 394 of IPC for which the accused are convicted and sentenced read as follows:

"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.-
ii) Second part is causing grievous hurt to any person during the course of robbery.
iii) Third part is attempting to cause death or grievous hurt to victim.

18. There need not be all the three aspects together as the word 'or' is used between all the three aspects. If any one of the acts amongst the three is done that attracts Section 397 of IPC.

19. No doubt it is true that in this case as per medical evidence, PW.4 has not suffered any grievous hurt. Of course as per the judgment of the Delhi High Court in Guddu v. State10 relied by learned counsel for the appellant, the blade is not a deadly weapon. Even if it is accepted, first two components of Section 397 of IPC are attracted. The question is whether there was attempt on the part of the accused to cause death or grievous hurt to PW.4 during the course of the crime, for which entire evidence on record has to be appreciated.