In Brief
Ganesan and Shanmugam were convicted of robbery under Section 397 IPC, which prescribes a minimum seven-year sentence. They appealed, arguing they did not use deadly weapons and should not be convicted under Section 397. The Supreme Court held that Section 397 applies only to those who actually use deadly weapons; the appellants could not be convicted under it. However, the Court upheld their conviction under Section 391/395 IPC (dacoity), finding that five or more persons jointly committed robbery as alleged. While the co-accused Benny was later acquitted in a separate trial, this did not benefit the appellants because the prosecution proved its case against them through sufficient evidence. The appeals were partly allowed, converting their conviction to Section 391/395 IPC with the same seven-year sentence.
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