The essential ingredients to attract the provocation under Section 397 IPC do not require the deadly weapon to have been actually used to inflict any injury in the commission of the offence.

PRADEEP NANDRAJOG, J.

1. Manoj languishes in jail because vide verdict dated November 19, 2014, he has been convicted for the offence punishable under Section 380/452/398 IPC. Charged for the offence punishable under Section 411 IPC and Section 25/27 Arms Act, 1959, he has been acquitted of the two. The reason is that the prosecution has not proved the notifications concerning knives and daggers, possession whereof would be an offence. The offence under Section 411 IPC probably has not been held to be made out by the learned Trial Judge because the stolen property was recovered at the spot itself. I find there is no discussion in the impugned judgment concerning the offences punishable under Section 411 IPC and the Arms Act, but the reason for not convicting the appellant appear to be as aforenoted.

2. Vide order on sentence dated November 21, 2014, for the offence punishable under Section 398 IPC, Manoj has been sentenced to undergo RI for 7 years and pay fine in sum of Rs. 1,000/-; in default to undergo SI for 7 days. For the offence punishable under Section 380 IPC he has been sentenced to undergo RI for 2 years and pay fine in sum of Rs. 2,000/-; in default to undergo SI for 7 days. For the offence punishable under Section 452 IPC he has been sentenced to undergo imprisonment for 2 years and pay fine in sum of Rs. 2,000/-; in default to undergo SI for 7 days.

3. It was 12:00 noon. The date was March 12, 2014. Shiv Kumar PW-7 reached his shop at Main Market, Sant Nagar, from where he used to sell hardware and paint. He saw the gate of his godown broken and appellant removing an iron frame and a flex board, which was fixed outside the godown. The iron pipe on which the board was fixed had been removed. Shiv Kumar stopped the appellant who took out a knife and demanded money. Shiv Kumar became nervous and raised an alarm. Appellant ran. Public gathered. The appellant was apprehended at the spot.

4. A call was made over the police helpline No.100. SI Rambir Singh PW-8 posted at PP Jharoda, PS Burari was passed on the information. He went to the spot. HC Kailash PW-2 and Ct.Sanjeev PW-3 had already reached the spot and had taken custody of the appellant. A knife, Ex.P-1 was seized from the appellant. Its sketch Ex.PW-3/B was drawn up. The drawing shows that the knife is akin to a dagger.

5. SI Rambir Singh recorded the statement Ex.PW-4/A of Deepak Aggarwal PW-4, the son of Shiv Kumar who had reached the spot in the meanwhile, soon after his father had reached the spot in which it is recorded that when he reached the spot the public had apprehended the appellant and his father said that this was the man whom he saw running away from the shop. Based on the statement the FIR Ex.PW-1/A was registered at PS Burari by ASI Satpal PW-1.

6. The statement Ex.PW-4/A of Deepak Aggarwal records aforesaid facts including appellant being apprehended and endorsement Ex.PW-8/A beneath the statement by SI Rambir Singh also records said fact. In view thereof I find unimpeachable evidence of the appellant being apprehended at the spot and knife Ex.P-1 recovered. As regards the stolen property, since it was a flex board which appellant had removed, obviously he had dropped the same when his presence was noticed and the appellant attempted to flee.

7. After he was apprehended the appellant was sent for medical examination to Aruna Asaf Ali Hospital. The unproved MLC lying in the record of the Trial Court shows that the appellant was drunk. Since the crowd has given him a beating there was swelling on the right leg and an abrasion on the left knee region.

8. HC Kailash PW-2, Ct.Sanjeev Kumar PW-3 and SI Rambir Singh PW-8 have deposed in sync i.e. of the appellant being handed over by a crowd to HC Kailash and Ct.Sanjeev Kumar when they reached the scene of the crime and knife Ex.P-1 recovered from him and the two in turn entrusting the custody of the appellant and the knife to SI Rambir Singh. Deepak Aggarwal PW-4, one Mahavir Singh PW-6,