VidhiSangh

Supreme Court of India · 29/10/2021

GANESAN versus STATE REP. BY STATION HOUSE OFFICER

[2021] 10 S.C.R. 514 · 2021 INSC 698

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Summary

The Court replaced the appellants’ Section 397 convictions with convictions for dacoity under Sections 391 and 395. Their participation in a robbery involving five persons was proved, but use of a deadly weapon was attributed to others and could not attract Section 397’s individual liability against them. Fewer accused being tried together did not negate dacoity. Another accused’s later acquittal on different trial evidence did not require their acquittal.

Issues

  1. Whether Section 397 applied to participants not shown to have personally used a deadly weapon.
  2. Whether the proved five-person robbery sustained dacoity convictions despite split trials and a later acquittal.

Provisions considered

Held

Result

Appeals partly allowed: Section 397 convictions set aside and replaced by convictions under Section 391 punishable under Section 395 IPC. Each appellant sentenced to seven years’ rigorous imprisonment and Rs.2,000 fine, with six months’ further rigorous imprisonment in default.

Judgment PDF: Supreme Court of India, [2021] 10 S.C.R. 514.