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Showing contexts for: preparation for dacoity in Mahabir vs State Of Haryana on 14 March, 2023Matching Fragments
7. Mr. Akshay Rana, learned counsel for the appellants submits that story framed up by the prosecution is totally false and concocted. Even, there is no evidence in clear words that appellants were planning and making preparation for committing dacoity. It is also argued that there is no 2023:PHHC:042951 CRA-S-1825-SB-2004 corroborative evidence to the statement of SI - Surjit Kumar (PW6). Another witness of the raiding party i.e. ASI Mahi Pal (PW5) did not utter a word that what he heard from the mouth of four persons about preparation of dacoity. Thus, the sole evidence that too oral is of the Investigating Officer SI - Surjit Kumar (PW6), and thus, no offence is even alleged to have been proved.
10. Learned counsel for the appellants further argues that for the alleged offence there has to be a group of minimum five persons, but in the present case, only the four appellants have been prosecuted and convicted for the allegations of preparation of dacoity, whereas, according to the definition of dacoity minimum gathering of five persons for committing or attempt to commit dacoity is required. He further submitted that though, prosecution has projected the 5th name i.e. Mangal @ Manga, but right from the registration of the FIR, till date, there is no clue with the prosecution as to why such person is not ever prosecuted. Prosecution has even failed to explain that if any person with such name is existing. Thus, with the assembly of four persons, preparation for committing robbery is not a punishable offence under the Indian Penal Code (IPC). For the said purpose, Sections 391, 399 & 402 of IPC, have been referred, which are reproduced as under:-
399. Making preparation to commit dacoity. - Whoever makes, any preparation for committing dacoity, shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.
402. Assembling for purpose of committing dacoity.- Whoever, at any time after the passing of this Act, shall be one of five or more persons assembled for the purpose of committing dacoity, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine. "
2023:PHHC:042951 CRA-S-1825-SB-2004 CRA-S-433-SB-2005 - 11 -
Sections 399 and 302 IPC read as under :-
"399. Making preparation to commit dacoity- Whoever makes, any preparation for committing dacoity, shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine."