The court clarified that aggravated robbery charges are appropriate when evidence suggests attempts to cause grievous harm, specifically when poison is administered.

O R D E R

The revision petitioner is the accused in S.C.No.1134 of

2017 on the file of the Principal Assistant Sessions Judge, Thrissur. He filed C.M.P.No.609 of 2022 under the provisions of Section 227 of the Code of Criminal Procedure, 1973 (Code), seeking discharge. The court below dismissed that petition on 31.07.2023. Being aggrieved, this Revision Petition is filed under Section 397 read with Section 401 of the Code.

2. Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor.

3. The offences alleged against the petitioner in the final report are punishable under Section 448, 461, 392 and 397 of the Indian Penal Code, 1860 ( IPC ); whereas the court took cognizance for the offences under Sections 448, 461, 328 and 397 of the . The petitioner filed C.M.P.No.609 of 2022 setting up a plea that the offence in which the materials produced by the prosecution would reveal an offence under Section 392 of the and not one under Section 397 of the . The court below, after considering the materials on record and hearing both sides, held that there are enough materials to substantiate that the petitioner is presumed to have committed the offences punishable under Sections 448, 461, 392, 394 and 397 of the . The petition was accordingly dismissed. The learned counsel appearing for the petitioner would submit that the alleged act of the accused that she administered poisonous liquid to witness Nos.2 and 3 making them unconscious for the purpose of her committing theft, would amount to an offence punishable under of the alone. The said submission is countered by the learned Public Prosecutor by submitting that the petitioner administered poisonous liquid resulting witness Nos.2 and 3 to undergo treatment for days together and there was every possibility of causing thereby their death and therefore the questionable act would amount to an offence punishable under of the .

4. The precise allegation of the prosecution is that on

28.06.2015 between 9.30 and 10.30 a.m. the accused reached the house of witness Nos.2 and 3 on some pretext and in order to commit theft of valuable articles, she administered poisonous liquid containing Alprazolam and Benzodiazepine, resulting them fell unconscious. It was thereafter, she stole the gold ornaments belonging to the said witnesses. She allegedly had stolen gold ornaments from inside the almirah kept in the house where the witnesses are residing. The said allegations certainly would amount to robbery as defined in Section 390 of the IPC . The circumstance where a theft amounts to robbery as delineated in Section 390, which reads,-

When theft is robbery.—Theft is “robbery” if, in order to the committing of the theft, or in committing the theft, or in carrying away or attempting to carry away property obtained by the theft, the offender, for that end, voluntarily causes or attempts to cause to any person death or hurt or wrongful restraint, or fear of instant death or of instant hurt, or of instant wrongful restraint.

For the purpose of appreciating the contentions of the learned counsel for the petitioner Sections 392 , 394 and 397 of the IPC are extracted below:-

392. Punishment for robbery.— Whoever commits robbery shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine; and, if the robbery be committed on the highway between sunset and sunrise, the imprisonment may be extended to fourteen years.

394. Voluntarily causing hurt in committing robbery.—If any person, in committing or in attempting to commit robbery, voluntarily causes hurt, such person, and any other person jointly concerned in committing or attempting to commit such robbery, shall be punished with 1[imprisonment for life], or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.

397. Robbery, or dacoity, with attempt to cause death or grievous hurt.—If, at the time of committing robbery or