A and B steal some fruits in large quantities from an orchard. When both of them were stealing the fruits C suddenly appears there…knock him down senseless with a stick. What offence has been committed by A and B? Give reasons and also refer to relevant provision and case law, if any, on the point.

Question: A and B steal some fruits in large quantities from an orchard. When both of them were stealing the fruits C suddenly appears there. On seeing C, A and B knock him down senseless with a stick.

What offence has been committed by A and B? Give reasons and also refer to relevant provision and case law, if any, on the point.

Find the answer to the mains question only on Legal Bites. [A and B steal some fruits in large quantities from an orchard. When both of them were stealing the fruits C suddenly appears there. On seeing C, A and B knock him down senseless with a stick. What offence has been committed by A and B? Give reasons and also refer to relevant provision and case law, if any, on the point.]

Answer

Section 394 makes the offence of voluntarily causing hurt in committing robbery punishable. The provision states that: If any person, in committing or in attempting to commit robbery, voluntarily causes hurt, such person, and any other person jointly concerned in committing or attempting to commit such robbery, shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.

Section 394 is a special provision, which is applicable to cases where the offender has actually caused hurt to the victim for the purpose of committing robbery or in an attempt to commit robbery. The punishment provided under section 394 is more severe than that provided under the first part of section 392.

As per section 394, if the offender voluntarily causes hurt while committing robbery or while attempting a robbery, he shall be punished with imprisonment for life or with rigorous imprisonment for a term which may extend to ten years and shall also be liable to fine.

Thus, as per the present facts of the case when A and B while stealing some fruits in large quantity from an orchard, when C suddenly appears there, on seeing C, A and B knock him down senseless with a stick. Therefore, both A and B are said to have committed voluntarily causing hurt in committing robbery and are punishable under section 394, IPC.

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