VidhiSangh

Supreme Court of India · 17/12/2021

RAM RATAN versus STATE OF MADHYA PRADESH

[2021] 9 S.C.R. 866 · 2021 INSC 912

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Summary

The Court maintained the appellant’s robbery conviction but set aside his conviction under Section 397 read with Sections 11/13 of the MPDVPK Act. Displaying a deadly weapon to create fear can constitute use without firing it, but the evidence established weapon use only by a co-accused. No Section 34 charge had been framed or corresponding common-intention allegation proved against this appellant. His participation and recovery evidence nevertheless sustained Section 392. Imprisonment was reduced to time already undergone, while the fine and default sentence remained; release was directed subject to payment and absence of another detention requirement.

Issues

  1. Whether weapon use under Section 397 required firing and whether the appellant personally used the firearm.
  2. What conviction and sentence remained sustainable for his proved participation in robbery.

Provisions considered

Held

Result

Appeal partly allowed; Section 397 read with MPDVPK Sections 11/13 convictions set aside; Section 392 conviction retained, imprisonment reduced to time served, fine and default term retained.

Judgment PDF: Supreme Court of India, [2021] 9 S.C.R. 866.