There were 5 accused but they did not used any deadly weapon while committing the offence but trial court, session court, high court convicted them under section 397. Aggrieved Accused preferred this appeal in Supreme Court.
There is no difference between Section 391/395 and Section 397 IPC so far as sentence/punishment except the difference in case of Section 397 IPC the punishment shall not be less than seven years. Otherwise, the ‘robbery’ and ‘dacoity’ are sine qua non. Dacoity’ is nothing but an exaggerated version of ‘robbery’ with a difference in number of accused.
Link to the Judgment: