JUDGMENT J.P. Chaturavedi and P.N. Harkauli, JJ 1. This is a revision against an order of the learned Sessions Judge, Bareilly, dated 15th December, 1975 dismissing an appeal of the Petitioner Ram Swarup against his conviction of an offence u/s 394/397 IPC and sentence of seven years rigorous imprisonment. The learned Sessions Judge dismissed the appeal but reduced the sentence of the Petitioner to five years rigorous imprisonment. 2. When the revision was admitted a notice was also given to the Petitioner to show cause why his sentence should not be enhanced. Sri Keshav Sahai, learned Counsel for the Petitioner, has not pressed the revision. We have, therefore, to see whether in the present case the sentence awarded to the Petitioner was adequate or not. 3. The prosecution case was that on the night between 3rd and 4th April, 1973 at 4.00 A.M. Natthu Lai and his wife Smt. Natthu were sleeping on cots in their verandah. Smt. Natthu was awakened when some body started snatching her two gold Mohars. Smt. Natthu resisted and caught hold of the thief who by means of a knife inflicted an injury in her arm. The thief got himself released and made good his escape. The Petitioner was identified by Smt. Natthu. He was also seen by the witnesses Gendan Lal, Mewa Ram and Natthu Lal. 4. First information report of the incident was made at police station Nawab Ganj at 6.30 A.M. on 4th April, 1973 and the injury of Smt. Natthu was examined by Dr. A.K. Srivastava on the same day at 7.15 A.M. According to Dr. Srivastava Smt. Natthu had an incised wound 101/2 em. X 31/2 cm. bone deep on the anterior and inner part of right forearm, 9 cm. below elbow. 5. In this case the only point for determination is whether the offence is covered by the provisions of Section 397 IPC. Section 397 provides "If 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 for grievous hurt to any person, the imprisonment with which such offender shall be punished shall not be less than seven years." The injury inflicted on Smt. Natthu does not appear to be a grievous one. Dr. A.K. Srivastava did not so describe it. Dr. A.K. Srivastava did not so describe it. It is, however, said that the Petitioner used a knife which was a deadly weapon. On record there is no evidence as to the size or nature of the weapon used. It cannot be said that the knife which is said to have been used by the Petitioner was by itself a deadly weapon in the absence of any evidence as to its size. The applicant is said to have escaped with the knife and it was also not recovered subsequently from his possession. In the circumstances of the case it cannot be said that an offence u/s 397 IPC is made out against the Petitioner. The sentence awarded by the lower Court in the circumstances of the case appears to be substantially correct. 6. The revision is, therefore, dismissed and the conviction of the Petitioner for an offence u/s 394 IPC and sentence of five years rigorous imprisonment thereunder are maintained. The conviction of the Petitioner for the offence u/s 397 IPC is set aside. The notice of enhancement of sentence is also discharged. The Petitioner is in jail. He shall remain there to serve out the sentence awarded to him.