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hale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

(emphasis supplied) Cr. Case no. 300340/2016 FIR No. 51/2011 PS Lahori Gate State Vs Rajeev Kr. & ors. 8 of 15 5.2. Bare perusal of the aforesaid provisions would reveal the necessary ingredients which are required to be proved in order to bring home the charge. As for sec 324 IPC the sin-qua-non condition in order to sustain the charge is that the alleged injury must have been caused by way of an instrument/weapon which answers to the mandate of the section. As for sec 452 IPC the necessary ingredients are, (1) commission of house trespass, (2) such commission is caused after having made preparation, (3) preparation must be for causing hurt to any person or for assaulting any person, or for wrongfully restraining any person, or for putting any person in fear of hurt, or of assault, or of wrongful restraint.

5.5. As regards the charge u/s 452 IPC is concerned, preparation is the genesis of the offence u/s 452 IPC. The phraseology of sec 452 IPC is eloquent enough to show that not only mere house trespass, but house trespass preceded by preparation by the accused for causing hurt to any person or for assaulting any person etc brings the offender to the fold of sec 452 IPC. To sustain conviction u/s 452 IPC, there must be clear evidence of preparation for causing hurt. The fact that a person enters another man's house and commits an assault does not necessarily supposes such preparation. For sec 452 IPC, it is necessary to prove that the dominant intention of the accused was to cause hurt while committing the house trespass and the same was committed after making preparation for causing hurt or for assaulting etc. Where there is no definitive evidence to the effect that the accused had come armed when he entered the dwelling house of the complainant, it cannot be reasonably said that he had entered the dwelling house after having made preparation for causing hurt etc. 5.6. At this stage it is pertinent mention that, the term "preparation" has not be defined under the code. However, in common parlance it can be understood to mean deciding or arranging the means or measures necessary for the commission of an offence. Preparation is a stage next to forming of an intention. It is a step ahead towards taking such measures that ensures that the desired result gets produced. It can also be understood as a physical execution of the intent towards achievement of the desired result.

5.8. Thus, in the present case apart from the fact that accused Rajeev called his brothers I.e co-accused persons at the spot and thereafter all three went inside the hotel there is no other evidence in this regard. Thus the question that needs to be answered is that whether the act of calling of co-accused by accused Rajeev at the spot and thereafter going inside the hotel and assaulting the complainant/PW1 would amount to preparation or not.

5.9. It is a settled position of law that common intention can be formed even at a spur of a moment at the spot itself. There is no requirement of law that the common intention for the purpose of sec 34 IPC shall be formed separately before hand. Let us compare the present situation with a case where 3 persons after having formed their common intention beforehand to cause hurt to one person X, leave from their place towards the house of X and thereafter enters the house and execute their intent by causing simple injury to X. In the present example, admittedly, house trespass is committed by the said accused persons as the entry into the house of X was committed with the dominant intent to cause hurt (which is an offence punishable with imprisonment). Thus all the necessary ingredients of sec 451 are made out and accordingly charge u/s 451 read with 34 IPC shall be made out. As oppose to this, if it is provided, that either all or any of the accused person were armed with any thing or material, then it would amount to preparation and sec 452 IPC shall be made out. As the accused persons have gone a step ahead of forming the common intention and have taken steps/ done preparation for executing their common intent.

5.10. Similarly, in the present case, as per the material on record, even if accepted in its entirety, there is no such evidence to prove preparation on the part of the accused persons. As per the testimony of PW1 and PW7, the fact of assembly of all the three accused persons at the spot and thereafter the act of going inside together under present circumstances cannot be said to be preparation as is intended by sec 452 IPC. Thus, in the considered opinion of this Court, as there is no Cr. Case no. 300340/2016 FIR No. 51/2011 PS Lahori Gate State Vs Rajeev Kr. & ors. 11 of 15 evidence on record to fulfil the requirement of preparation on the part of the accused persons the charge u/s 452 IPC will not sustain.