In Brief
Ram Ratan was convicted of robbery and dacoity with attempt to cause grievous hurt under Sections 392, 397 of the IPC and Sections 11/13 of the Madhya Pradesh Dakaiti Act, receiving 7 years imprisonment. The Supreme Court held that Section 397 IPC (robbery with use of deadly weapon) applies only to the offender who actually used the weapon. Since only co-accused Raju used the firearm, Ram Ratan could not be convicted under Section 397 without proof of his own use of a weapon. The Court set aside the Section 397 conviction but upheld the Section 392 (robbery) conviction, reducing the sentence to the 3 years 5 months already served, and ordered his immediate release.
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