Penal Code, 1860–Secs. 390 to 398–For the purpose of these Sections only the offender who commits such robbery and/or voluntarily causes hurt or attempts to commit such robbery and who uses any deadly weapon or causes grievous hurt to any person or commits to cause death or grievous death to any person at the time of committing robbery or dacoity, can be punished for the offence u/ss. 390, 392, 393, 395, 397 & 398–For the aforesaid, the accused cannot be convicted on the basis of constructive liability, and only the offender who uses the deadly weapon, can be punished–However, so for as Section 391 “dacoity” and Sec. 396 ‘‘dacoity with murder’’ is concerned, an accused can be convicted on the basis of constructive liability.
