robbery’ and ‘when extortion is robbery’. Extortion partakes the form of robbery when the offender at the time of extortion is put in fear, and commits the extortion by putting that person in fear of instant death, of instant hurt, or of instant wrongful restraint to that person or to some other person and by so putting in fear, induces the person so put in fear then and there to deliver up the thing extorted. Section 391 of the IPC defines ‘dacoity’ as when five or more persons conjointly commit or attempt to commit a robbery, then it would amount to dacoity. Section 397 is very peculiar in the sense that it deals with a situation where at the time of committing robbery or dacoity, the offender uses any deadly weapon, or causes grievous hurt to any person, or attempts to cause death or grievous hurt to any person. Such an offence is then punishable with rigorous imprisonment for not less than seven years and is triable by the Court of Sessions. It is pertinent to note that Section 397 uses the phraseology “uses any deadly weapon”. There is no substance in the submission of Mr. Jha that the word ‘uses’ has to be used ejusdem generis causing or attempting to cause death or grievous hurt of any person. The Section implies the
