The Supreme Court has observed that an offender who had not used any deadly weapon at the time of committing robbery/dacoity cannot be convicted under Section 397 of the Indian Penal Code.
The use of deadly weapon by one offender at the time of committing robbery/dacoity cannot attract Section 397 IPC for the imposition of minimum punishment on another offender who has not used any deadly weapon,
In this case, the appellants -accused were convicted under Section 397 IPC which reads thus: If, at the time of committing robbery or dacoity, the offender uses any deadly weapon, or causes grievous hurt to any person, or attempts to cause death or grievous hurt to any person, the imprisonment with which such offender shall be punished shall not be less than seven years. Before the Apex Court, it was contended that the allegation of use of any weapon was against the other accused only and thus in absence of any allegations of use of any deadly weapon by the appellants, Section 397 IPC is not attracted.