1977 Supreme(Raj) 405
RAJASTHAN HIGH COURT
K.D.Sharma, J.
Mani Ram And Ors. - Appellant
Versus
State Of Rajasthan - Respondent
S.B. Criminal Jail Appeal No. 281 of 1974.
Decided On : 6-12-1977
Advocates:
For the Appellant: B. Advani, Amicus Curiae.
For the State: K.C. Bhandari, P.P.
The minimum sentence prescribed under Section 397, I.P.C., for robbery committed with a deadly weapon or causing grievous hurt, can only be imposed on the offender who actually used the deadly weapon or caused grievous hurt.
Headnote:
CRIMINAL APPEAL - Robbery and Attempt to Murder - Conviction under Sections 307/34 and 394 read with Section 397, I.P.C. - Challenge to the conviction and sentence - Interpretation of Section 397, I.P.C. - Minimum sentence for robbery and dacoity - Applicability to co-accused who did not use deadly weapon or cause grievous hurt.
Fact of the Case:
The appellants, Mani Ram, Sajjan Singh, and Prem Singh, were convicted under Sections 307/34 and 394 read with Section 397, I.P.C., for robbing and attempting to murder Sadhu Ram, a car driver. They hired Sadhu Ram's car, assaulted him with a sharp-edged weapon, and took away the car. Sadhu Ram was left injured near a sand dune. The appellants were identified by Sadhu Ram and other witnesses.
Finding of the Court:
The court found that the appellants were guilty of attempt to murder (Section 307 read with Section 34, I.P.C.) and robbery (Section 394, I.P.C.). However, the court held that the minimum sentence prescribed under Section 397, I.P.C., for robbery committed with a deadly weapon or causing grievous hurt, could not be applied to all the appellants since it was not clear which appellant had caused the grievous hurt.
Issues: 1. Whether the evidence was sufficient to prove the guilt of the appellants under Sections 307/34 and 394, I.P.C.? 2. Whether the minimum sentence under Section 397, I.P.C., could be applied to all the appellants, even if only one of them had caused grievous hurt?
Ratio Decidendi: 1. The court relied on the testimony of Sadhu Ram, the victim, and other witnesses to establish the guilt of the appellants. The court found that Sadhu Ram's evidence was reliable and corroborated by other evidence, such as the medical evidence and the recovery of the car. 2. The court interpreted Section 397, I.P.C., narrowly, holding that the minimum sentence could only be imposed on the offender who actually used the deadly weapon or caused grievous hurt. Since it was not clear which appellant had caused the grievous hurt in this case, the court held that the minimum sentence could not be applied to any of them.
Final Decision: The court partly allowed the appeal. The convictions and sentences under Section 307 read with Section 34, I.P.C., were upheld. However, the convictions and sentences under Section 394 read with Section 397, I.P.C., were set aside. The appellants were convicted under Section 394, I.P.C., simpliciter, and sentenced to the term already undergone by them.
JUDGMENT
1. - This jail appeal by Mani Ram, Sajjan Singh and Prem Singh is directed against the judgment of the Additional Sessions Judge, Sri Ganganagar, dated 18th March, 1974, by which all the three appellants were convicted under Sections 307/34 and 394 read with Section 397, I.P.C. and each of them was sentenced to undergo rigorous imprisonment for four years and to pay a fine of Rs. 100/ in default of payment of fine to further suffer rigorous imprisonment for two months on the first count and on the second to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 100/-, in default of payment of fine to further suffer rigorous imprisonment for two months The substantive sentences of imprisonment on both the counts were ordered to run concurrently.
2. The prosecution case against the appellants was as follows: Sadhu Ram was an employee of Tirath Singh, mechanic, resident of Ganganagar. He used to drive Ambassador Car No. Rs. 1973 belonging to his employer Tirath Singh On August 24, 1972 at about 5 p. m. the three appellants along with Tarsem Singh, (who has been acquitted by the trial Judge of the charges framed against him) came to the shop of Tirath Singh and hired his Ambassador car on a fare of Rs. 80/-, for going to village Budhajohar from Ganganagar. The appellants and their companion boarded the Ambassador car driven by Sadhu Singh at 6 p. m. and took it to Jhotawali village instead of Budhajohar Sadhu Ram readied Jhotawali as about 7.15 p. m. and stayed at the house of Mani Ram's brother-in-law Chothu Ram. The appellants and their companion took liquor at the house of Chothu Ram and thereafter ate food. The appellants offered wine to Sadhu Ram also but he refused to drink it. From Jhotawali the appellants and their companion started for Ganganagar for going in the car driven by Sadhu Ram At about 8 or 9 p. m. when Sadhuram was driving the car on the road at some distance from Kikarwali, the brakes of the car were jammed Sadhu Ram put the brakes in order and started the car for moving onwards. Thereupon, the appellants asked Sadhu Ram to bring the car to a halt as there was some defect in its rear wheel. Sadhu Ram stopped the car, got down from the car and began to inspect the rear wheel Meanwhile the three appellants and their companion came out of the car and struck two or three blows in quick succession upon Sadhu Rain's neck with a sharp-edged weapon. As a result of the blow, Sadhu Ram fell down and blood began to ooze out of his wounds. Then he was dragged by all the four miscreants and taken towards sand-dunes which lay at some distance from the car. He was left alone near a sand-dune by the appellants and their companions who then drove away the car. After the miscreants had disappeared from the place of occurrence, Sadhu Ram got-up and with great difficulty came to the road. After some time, he requested the driver of a Military truck to take him to hospital. The Military truck was coming from the side of Padampur and its driver acceded to his request. Sadhu Ram was thereafter taken to Raisinghnagar hospital where his statement was recorded by the Station House Officer The statement was treated as a first information report and on its basis the Station House Officer registered a criminal case Under Section 307, 394 and 397, I.P.C.. After registering the case, the Station House Officer took-up the usual investigation and searched for the car. He found the car lying, on Padampur Ganganagar road at a distance of about two miles from Padampur. The car was seized vide memo of recovery Ex. P. 2. Sadhu Ram was medically examined as to his injuries. Dr. S.M. Sharma, Incharge, Primary Health Centre Raisinghnagar. upon medical examination of Sadhu Ram's body found the following injuries:
1. incised wound 65 x 2.2 cm. on the right cheek extending from the angle of the mandible transversely;
2. incised wound 12 x 3 x 2 cm on the right side of neck extending from the right cheek to just below the mastoid pr
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