Conviction under Section 397 of IPC requires evidence of a deadly weapon; court held that evidence sufficed for conviction under Section 392 instead.

JUDGMENT :

V. SRISHANANDA, J.

Heard Sri. Ashok B. Mulage, learned counsel appearing for the appellant and Sri. Veeranagouda M.Malipatil, learned HCGP for the respondent-State.

2. The present appellant is the sole accused, who is convicted in S.C.No.78/2017 and sentenced as under:

ORDER

The accused is sentenced to undergo simple imprisonment for a period of eight years and to pay fine of Rs.25,000/- (Twenty five thousand rupees only) for the offence punishable under Section 397 of INDIAN PENAL CODE . In default to pay fine amount, he shall undergo simple imprisonment for a period of one year.

On such deposit of fine amount, entire fine amount of Rs.25,000/- (Twenty five thousand rupees only), shall be paid to injured/PW.1-Pramod T.V. as compensation under Section 357 of Code of Criminal Procedure.

The accused shall be entitled to the benefit of set-off for the period of detention undergone as under trial prisoner in terms of 428 of Criminal Procedure of Code.

Issue conviction warrant against accused to jail authority.

The order of release of M.Os.1 to 3 gold ornaments and cash in favour of PW.1/complainant before trail Court on 13.02.2012 is made absolute.

As could be seen from the charge-sheet materials and case papers Bajaj Pulsar motorcycle bearing Registration No.KA-32/W-0011 was seized from the accused which was used by accused for the commission of offence. The said vehicle was released in favour of accused by the trial Court by its order dated 05.06.2012. During the course of trial, the photographs of said vehicle marked as Ex.P.7. In view of the same, aforesaid vehicle is confiscated to State. The accused shall surrender the vehicle along with original documents.

Furnish copy of the Judgment to accused free of cost forthwith.”

3. The facts in brief which are utmost necessary for disposal of the present appeal are as under:

3.1. Sri. Pramod T.V., being injured in an unfortunate incident on 19.01.2012 when himself and his colleague had been to Century Hotel to have dinner lodged a complaint with Brahmapur Police Station.

3.2. In the complaint it is alleged that, after finishing the dinner, complainant and his colleague left to their respective houses at about 10.30 p.m. and when the complainant had reached Gubbi colony on his motorcycle bearing registration No.KA-53/Q-9393 in front of Center Kamat Hotel, a person who was riding another motorcycle bearing registration No.KA-32/W-0011 intercepted him and slapped the complainant. He held the head of the complainant and pushed his face to a pillar and pressed his neck and robbed the neck chain weighing 19.64 grams, finger ring weighing 5 grams and another ring weighing 2.5 grams and cash of Rs.4,500/- which was in the pocket of the complainant.

3.3. After so robbing the complainant, the said stranger left the place. Based on the complaint, Bramhapur Police registered the case on 20.01.2012 and investigated the matter, inter alia arrested the accused and recovered the robbed articles from the custody of the accused based on his voluntary statement.

3.4. After thorough investigation, charge sheet came to be filed which comprised recovered articles, statements of the witnesses and medical certificate of the complainant. Presence of accused was secured and after compliance of Section 207 of Cr.P.C. charges were framed against the accused. Accused pleaded not guilty.Therefore, trial was held.

4. In order to bring home the guilt of the accused, in all nine witnesses were examined as P.W.1 to P.W.9 comprising of complainant, panch witnesses, doctor, who examined the complainant and investigation agency. Prosecution relied on eight documents which were exhibited and marked as Exhibits P.1 to P.8 besides marking 3