Section 397 in The Indian Penal Code, 1860
397. Robbery, or dacoity, with attempt to cause death or grievous hurt.—
If, at the time
conviction for offences
punishable under Sections 452 , 392 and 397 of the Indian
Penal Code, 1860 (in short the ' IPC ... uses' as used in Sections 397 IPC and 398 IPC .
Section 397 IPC connotes something more than merely
charges under Section 452 IPC, Section 392 IPC and Section 397 IPC read
with Section 34 IPC ... Section 34 of the Penal Code
was permissible and that the necessary ingredient, to attract Section 397
of the Penal Code was also said
punishable under Section 395 read with Section 397 of the
Indian Penal Code (' IPC ' - for short). By a separate order passed ... been acquitted the
conviction of the appellant for the offence under Section 397 I.P.C.
is also not sustainable.
Amit Khanchi
namely, Chotu and Raju alias Rajendra under
Section 392 and 397 of Indian Penal Code (“ IPC ” for
short) read with Section ... necessary to
bring the offender within the ambit of Section
397 of the Penal Code.”
(Emphasis supplied)
15. Further, in Dilawar Singh vs. State
acquittal of respondent Vinayak Tukaram Utekar for an offence punishable under Section 397 , I.P.C. and of respondent No. 2 Kashiram Shankar More ... 397 , I.P.C. or the impugned order convicting him under Sections 379 and 324 , I.P.C. and releasing him u/S. 360 ,
Imran have been convicted for the
offences under Sections 394 and 397 IPC read with Section 34 IPC and
respectively sentenced ... 2008 & 524/2008 Page 14 of 17
27. Section 397 IPC comes into play only if the offender, while
committing robbery
lines of cases in the Delhi
High Court as regards Section 397 IPC, which reads as under:
―397. Robbery, or dacoity, with attempt ... Section 397 of the Penal Code.‖ The Court chose to give identical
meaning to the word ‗uses' in Section 397 IPC
framed charge
under Section 392 IPC, read with Section 397 IPC, under Section
394 IPC against all the appellants ... rigorous imprisonment for
three years for commission of offence punishable under Section
397 I.P.C.
Anjal Gupta
2013.10.24 16:26
I attest
least five persons. As regard to minimum punishment awarded under
Section 397 IPC it has been submitted no weapon was recovered ... Since deadly weapon was used
their sentence under Section 397 IPC is fully justified.
4. To understand the controversy between the parties