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2025 Supreme(Online)(Chh) 20223

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Ramesh Sinha, CJ
Chanakya Sharma – Appellant
Versus
State Of Chhattisgarh – Respondent
CRA No. 1834 of 2022

Advocates:
For the Appellants/Petitioners: Hemant Kumar Sahu, Syed Afaque Jhussain Rizvi
For the Respondents: Smriti Shrivastava

Section 397 IPC requires clear evidence of the use of a deadly weapon to cause or attempt to cause grievous hurt or death. Where injuries are simple and the weapon is not conclusively used to inflict severe harm, conviction under Section 397 is unsustainable.

Headnote:(A) Indian Penal Code, 1860 - Sections 394 and 397 - Robbery with voluntary hurt - Conviction under Section 397 requires proof of use of a deadly weapon or causing grievous hurt - Simple injury causing no grievous harm does not satisfy Section 397 ingredients.

(B) Appellate Review - Sentencing - Reduction of sentence to period already undergone justified based on duration of custody and absence of prior criminal antecedents. (Paras 18, 19, 21)

Facts of the case:
The appellant was convicted for robbery and causing hurt during the incident, where he threatened the complainant with a knife and fled with a truck. The Trial Court convicted the appellant under both Sections 394 and 397 IPC and sentenced him to seven years of rigorous imprisonment. The appellant appealed against this conviction and sentence.

Findings of Court:
The Court affirmed the conviction under Section 394 IPC, finding sufficient evidence, but set aside the conviction under Section 397 IPC as the injury caused was simple and did not meet the definition of grievous hurt required by the statute. The sentence was reduced to the period already undergone.

Issues: Whether the conviction under Section 397 IPC is sustainable in the absence of grievous hurt or effective use of a deadly weapon resulting in significant harm, and whether the sentence warrants mitigation.

Ratio Decidendi: The term "uses" a deadly weapon in Section 397 IPC implies creating imminent fear of severe harm through effective use; where only a simple injury is caused and the weapon is a common kitchen knife without proving intended death or grievous harm, the charge under Section 397 cannot stand.

Result: Appeal partly allowed.

Table of Content
1. summary of trial court proceedings and established facts of the robbery incident. (Para 1 , 2 , 3 , 4 , 5 , 6)
2. summary of rival contentions regarding identification, procedural lapses, and sentencing. (Para 7 , 8)
3. evaluation of evidence establishing the occurrence of robbery and the identity of the accused. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17)
4. interpretation of 'use' of weapon under section 397 requiring grievous hurt. (Para 18 , 19 , 20)
5. determination of appropriate sentence and relief granted to the appellant. (Para 21 , 22 , 23 , 24 , 25)

NAFR

Judgment on Board

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 :-

CONVICTION	SENTENCE
Under Section 394/397 of the Indian Penal Code	RI for 7 years and fine of Rs.5,000/-, in default of payment of fine to further undergo RI for 06 months.

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 prosecu

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2025 Supreme(Online)(Chh) 20223

IN THE HIGH COURT OF CHHATTISGARH AT BILASPURRamesh Sinha, CJChanakya Sharma – AppellantVersusState Of Chhattisgarh – RespondentCRA No. 1834 of 2022

Section 397 IPC requires clear evidence of the use of a deadly weapon to cause or attempt to cause grievous hurt or death. Where injuries are simple and the weapon is not conclusively used to inflict severe harm, conviction under Section 397 is unsustainable.

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Ramesh Sinha, CJ
Chanakya Sharma – Appellant
Versus
State Of Chhattisgarh – Respondent
CRA No. 1834 of 2022