Facts of the Case
- Two blind individuals, A and B, entered a bank armed with weapons.
- They robbed the bank, taking cash and possibly other valuables.
- While escaping, one of them fired a shot, which resulted in the death of an innocent person (a customer or staff).
- The offenders then attempted to flee from the scene.
The bank seeks legal advice on what action it should take and what offences the robbers have committed.
Issues in the Case
- What offences are committed by A and B under the IPC?
- Whether blindness affects their criminal liability?
- Whether both robbers are jointly liable for the firing and consequential death?
- What legal procedures should the bank follow after the incident?
- What sections should the bank invoke in the FIR?
Legal Principles Covered
A. Robbery and Dacoity — Sections 390 & 391 IPC
- Robbery is committed when theft is accompanied by violence, threat, or fear of death.
- When five or more persons commit robbery, it becomes dacoity under Section 391 IPC.
- Here there are only 2 persons, so the offence is robbery + use of deadly weapons, not dacoity.
B. Robbery armed with deadly weapons — Section 397 IPC
- If the offender uses a deadly weapon, causes grievous hurt, or attempts to cause death, Section 397 IPC applies.
- Minimum punishment: 7 years imprisonment.
Blindness does not reduce liability because use of a weapon shows full criminal intent and capability.
C. Murder during robbery — Section 302 IPC
- Causing death by firing a shot constitutes murder.
- Blindness does not excuse liability unless the act is accidental and without mens rea. Here, firing was intentional.
D. Common Intention — Section 34 IPC
- When criminal acts are done by several persons in furtherance of common intention, each is liable as if they committed the whole act.
- Since both entered to rob with weapons, both share common intention to commit violent robbery.
- Therefore, both can be charged for murder even if only one fired.
E. Killing while committing robbery — Section 396 IPC
This section is crucial.
- Section 396 IPC: Dacoity with Murder
- If one of the dacoits commits murder during the commission of robbery by five or more persons, Section 396 applies.
BUT HERE ONLY TWO PERSONS WERE INVOLVED, so Section 396 does not apply.
F. Criminal Liability of Blind Persons
- Under IPC, physical disability (including blindness) does not excuse criminal responsibility unless covered by Section 84 IPC (unsoundness of mind).
- Blindness ≠ defence.
- They are fully liable.
Possible Judgement & Advice to the Bank
A. Offences Committed
The robbers are liable for:
- Section 392 IPC — Robbery (10 years imprisonment)
- Section 397 IPC — Robbery using deadly weapons (minimum 7 years)
- Section 302 IPC — Murder (life imprisonment or death penalty)
- Section 34 IPC — Common Intention
- Section 120B IPC — Criminal Conspiracy (if planning is proved)
- Section 3 & 25 of Arms Act (illegal possession and use of firearms)
B. What the Bank Should Do
The bank must take the following legal steps:
1. Immediately lodge an FIR
- The FIR must include sections 392, 397, 302, 34 IPC and relevant Arms Act provisions.
- FIR should be lodged at the nearest police station with complete details of the incident.
2. Preserve CCTV footage
- Even though the offenders are blind, CCTV footage is crucial for:
- Identifying accomplices
- Proving use of weapons
- Showing sequence of events
3. Cooperate fully with investigation
- Provide witness statements
- Provide loss statements (inventory of money stolen)
- Provide ballistic evidence if weapons were dropped or found
4. Provide medical and compensation support
- To the family of the deceased victim
- To injured customers or employees
(As part of legal and reputational responsibility)
5. File separate insurance and legal claims
- For financial recovery
- For bank liability protection
C. Probable Court View
- The court will hold both accused jointly liable under Section 302 read with Section 34 IPC because they shared common intention to commit a violent robbery.
- The fact that both are blind does not mitigate their liability.
- The sentence may include life imprisonment or even death penalty, depending on case severity.
About lawgnan
For detailed legal explanations on complex criminal law scenarios like armed robbery, common intention, liability of disabled offenders, and murder during escape, visit Lawgana.in. Our platform provides accurate IPC interpretations, case analyses, and practical legal guidance for students, advocates, and competitive exam aspirants. If you want clear understanding of Sections 392, 397, 302, 34 IPC, and Arms Act liabilities, Lawgana.in offers structured notes, real-case illustrations, and exam-focused content. Explore more legal problem solutions, FIR drafting guidance, and expert criminal law insights exclusively at Lawgana.in to strengthen your legal knowledge today.
