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Salamuddin alias Patla, Sahid alias Saahid, Arif alias Iqbal, Rahish alias Bhoora, Kamruddin alias Mobile and Sanna alias Sehrun were sent for trial in case arising out of case FIR No. 559 dated 18.12.2008, registered at Police Station Sarai Khawaja, under Sections 399 & 402 IPC and 25 of the Arms Act, 1959 (hereinafter referred to as "the Act").

The Court of Additional Sessions Judge, Faridabad,vide impugned judgment dated 13.3.2010, held the above said appellants guilty of offence under Sections 399 & 402 IPC and 25 of the Act and vide a separate order dated 15.3.2010, sentenced them as under:-

After registration of the case, FIR was investigated and the report unde Section 173 Cr.P.C. was submitted. All the appellants were charged for the offence under Sections 399 and 402 IPC. The first 1914-SB and 2060-SB of 2010 charge stated that all the accused, on 18.12.2008 at about 9.15 P.M. were planning to commit dacoity by way of looting passerby vehicles near NHPC Turn, Bye-pass Road, Faridabad and thus, they had committed an offence punishable under Section 399 IPC. For assembling for the said purpose, they were charged for the offence under Section 402 IPC. For keeping in possession a country made pistol along with live cartridges, without any permit or licence, Rahish alias Bhoora was charged for the offence punishable under Section 25 of the Act. For recovery of knife Sanna alias Sehrun, Sahid alias Saahid, Salamuddin alias Patla, Kamruddin alias Mobile and Arif alias Iqbal were charged for the offence punishable under Section 25 of the Act. The accused, after framing of the charge, pleaded not guilty and claimed trial.

Chaturi Yadav v. State of Bihar 1979 Supreme Court Cases (Criminal) 502 is a celebrated judgment on the subject upon which various High Courts have placed reliance to determine the facts and circumstances of each case whether the offence under Sections 399 and 402 IPC are made out or not. Learned Single Judge of this Court in Baldev Singh v. State of Haryana 1988(1) Recent Criminal Reports 629 relied upon the observations made in Chaturi Yadav's case (supra) and noticed as under:-

"8. Requirement of section 402 IPC is that five or more persons must have assembled for the purpose of committing a dacoity. Apart from the fact that the appellants are said to have been found armed present on the first story of an abandoned building there is no evidence that this assembly of five appellants was for the purpose of committing dacoity. The trial Court has merely drawn an inference that the said assembly was only for the purpose of committing dacoity. A similar case came up before their Lordships of the Supreme Court (Chaturi Yadav and Others v. State of Bihar, 1979 SCC (Crl.) 502) where it was observed:-

Cases Veer Singh and three others v. The State of Madhya Pradesh, Crl. Appeal No. 142 of 1980 decided on 26.11.1980, Chamariya v. State of M.P., 1976 WN(1) 306 and Chaturi Yadav v. State of Bihar 1979 SC (Crl.0 502, were referred to by the Court for similar facts and with above observations the appellant were acquitted of the charges under Sections 399/402 IPC. So far as the cases under Sections 25 and 27 of the Arms Act, the appellants were also acquitted thereunder on the above-referred to facts."