Section 397 of the IPC requires that the offender must have either used a deadly weapon or caused grievous hurt during a robbery; simple injuries inflicted with an ordinary kitchen knife do not fulfill the essential ingredients of Section 397.

1. This appeal is directed against the judgment of conviction and order of sentence dated 20.10.2022 passed by the Court of the learned Sessions Judge, Raigarh, District – Raigarh (C.G.) passed in Session Trial No.12/2022, whereby the appellant has been convicted and sentenced in following manner :-

2. Case of the prosecution is that on 28.08.2021, the complainant Sukhdev Singh (P.W.-01), driver of a looted Hyva truck, was transporting the vehicle from Chandrapur to D.B. Power Plant, Tundri. Due to a no-entry restriction in Raigarh city, he parked the vehicle near Patelpali at around 08:00 PM and remained inside the cabin. At approximately 10:30 PM, the accused Chanakya Sharma climbed into the cabin, threatened the complainant with a knife, and ordered him to drive the vehicle in the direction instructed by him. After they had travelled some distance, the accused asked him to stop the truck and stated that he would drive it himself. A scuffle ensued inside the cabin, during which the accused disclosed his name as Chanakya Sharma, resident of Kodatarai, and threatened the complainant saying that he must hand over the Hyva truck, otherwise he would kill him with the knife. The accused then assaulted the complainant with the knife, causing an injury on the left palm/thumb. Fearing for his life, the complainant jumped out of the truck near Patelpali Mandi and escaped. The accused thereafter fled with the Hyva truck valued at approximately Rs.10 lakhs.

3. The complainant lodged a written report at Police Outpost Jute Mill at 12:15 AM on 29.08.2021, naming the accused. Based on this report, Sub-Inspector Girdhari Sahu (P.W.-08) registered a zero FIR under Section 394 IPC, and subsequently at 1:40 AM the regular FIR bearing Crime No. 1220/2021 was registered by Sub-Inspector Ravishankar Pandey. On 29.08.2021, the complainant’s statement was recorded and the site map (Ex. P-04) was prepared as per the indications of the complainant and witnesses. The complainant underwent a medical examination at District Hospital, Raigarh, where Dr. Arun Kumar Patel (A.S.-05), in the MLC report (Ex. P-05), noted a 1 cm incised wound on the complainant’s left hand. The accused was apprehended the same day at 3:15 PM, and the truck and knife were seized from him (Ex. P-07). The documents relating to the vehicle were seized from the complainant at 4:10 PM (Ex. P-08). The accused was arrested at 10:25 PM (Ex. P-09) and information was given to his relative, Vishakha Sharma. The seized knife was sent for expert medical opinion, and Dr. Arun Kumar Patel opined that the injury sustained by the complainant could have been caused by the said knife. Statements of witnesses Dharmendra Sharma and Shyam Narayan Sahu were recorded under Section 161 Cr.P.C..

4. Upon completion of investigation and finding sufficient material, a charge-sheet under Section 394 IPC was filed against the accused Chanakya @ Dilip Sharma under Section 173(2) Cr.P.C. before the Court of the Judicial Magistrate First Class, Raigarh. The Trial Court, on 11.10.2021, framed a charge against the accused under Section 394 of the Indian Penal Code and fixed the matter for recording evidence. During the stage of prosecution evidence, an application under Section 209 read with Section 323 of the Code o