Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | firearm 1860 – ss.392 Penal Code use of weapon 397 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860 – ss.392, 397 – Appellant along with other two accused was convicted u/ss.392, 397 r/w s.11/13, MPDVPK Act, 1981 – On appeal, held: Complainant narrated in detail the manner in which he was woken up by the accused while he was sleeping in the hut and the demand for money that was made by brandishing the firearm – Motorcycle and mobile which was stolen were recovered – Appellant participated in the offence of committing robbery as the motorcycle was recovered at his instance – His conviction u/s.392 by trial court which was upheld by High Court is sustained – Sentence modified to the period of imprisonment undergone – Further, though all the three accused had taken part in the offence of committing robbery, only one of the co-accused had used the firearm – There was no allegation apart from a stray sentence nor was such charge of having used firearm proved against the appellant – Charge u/s.397 can be fastened on the offender who actually uses the firearm – In the instant case, the appellant was not an offender who used the firearm – Thus, the judgment convicting the appellant u/s.397 r/w s.11/13, MPDVPK, 1981, upheld by the High Court is set aside to that extent – Sentence of 7 years rigorous imprisonment set aside – Madhya Pradesh Dakaiti Aur Vyapharan Pravbhavit Kshetra Adhiniyam 1981 Act – ss.11, 13 – Arms Act – s.25(1-B) (a).Penal Code, 1860 – s.397 – Use of weapon – What is – Held: Use of the weapon to constitute offence u/s.397 does not require that the offender should actually fire from the firearm or actually stab if it is a knife or a dagger – Mere exhibition of the same, brandishing or holding it openly to threaten and create fear or apprehension in the mind of the victim is sufficient. Penal Code, 1860 – s.397 and ss.34, 149 – Vicariability of offence u/s.397, if charges u/ss.34, 149 are invoked – Discussed. |
Judge | Hon'ble Mr. Justice Ajjikuttira Somaiah Bopanna |
Neutral Citation | 2021 INSC 912 |
Petitioner | Ram Ratan |
Respondent | State Of Madhya Pradesh |
SCR | [2021] S.C.R. 866 |
Judgement Date | 2021-12-17 |
Case Number | 1333 |
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