It is humbly submitted before the Hon’ble High Court that the accused is guilty under Section

397 of Indian Penal Code and the order of the conviction of the accused by the Learned
Sessions Court is proper and totally justifiable.

3.1 The essential ingredients of Section 397 of IPC

The counsel humbly submits that in order to convict a person under Section 397 its essentials
must be fulfilled. Section 397 IPC reads as: “Robbery, or dacoity, with attempt to cause death
or grievous hurt.—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.”
3.1.1 Knife is a deadly weapon
PW 1 Shabnam Khan (Para 2) Ramesh Came out of the vehicle and took out a knife and held
it to my neck and forced me to board the vehicle.
PW 1 Shabnam Khan (Para 2) upon my refusal to having any money the accused slit my left
arm with the knife.
PW 2 Pakhi Bablu Shaikh (Para 2) Ramesh Bhai was a criminally minded individual of that
area and he held a knife in his hand, I did not come ahead for help.
PW 3 Aaliya Mohd. Hanisf Shaikh (Para 2) we could not step ahead to the rescue of
Shabnam since knife was held in the hand by Ramesh.
It is contended by the Counsel that as per the depositions given by Prosecution witnesses it is
clear that they have seen knife in hand of Ramesh, and also on refusal by Shabnam to give
money and mobile phone, the accused slit on her left arm with the knife.
Relying upon the case Shravan Dashrath Datrange v. State of Maharashtra1, an act would
fall within the mischief of this Section 397 at the time of at the time of commiting robbery or
dacoity the offender-
 Use any deadly weapon or
 Causes grievous hurt to any person; or
 Attempts to cause death or grievous hurt to any person;
So to convict the accused under Section 397 IPC one of the essential ingredient of it is that
there should be use of a deadly weapon, in the present case the weapon used during the
commission of the crime is knife.
Use of deadly weapon at the time of committing robbery

1
Shravan Dashrath Datrange v. State of Maharashtra, (1997) 2 Crimes 47 (Bom).
It is the contention of the counsel that the accused used the knife (deadly weapon) in order to
terrorise the victim in order to extort money & mobile phone and on her refusal he inflicted
slit on her left arm.
PW 1 Shabnam Khan (Para 2) upon my refusal to having any money the accused slit my left
arm with the knife.
Firoz v. State observing as “The provisions of Section397 IPC do not create any new
substantive offence as such. Section 397 IPC simply prescribes a minimum sentence for the
offence of robbery / dacoity under the aggravating circumstances. It regulates only the
substantive sentence which cannot be less than seven years”.
A snatched the watch of C. B stopped the victim in order to enable A to carry away the
watch. As the hurt caused by B had relation to the theft of the watch, the offence was held to
be covered by this section.2
In the present case accused in order to forcibly take the articles from the victim inflicted slit
on her left arm with a knife, hence this act of the accused is covered under the Section 390 of
IPC.

2
Harish Chandra v. State of Uttar Pradesh, AIR 1976 SC 1430.