made by learned counsel. Dacoity has been defined by Section 391 IPC which reads as under ;-
"391. Dacoity.- When five or more person conjointly ... failed to prove that five or more than five persons including the appellants were found making preparation to commit dacoity or the robbery for which
allegations of preparation of dacoity, whereas, according to the
definition of dacoity minimum gathering of five persons for committing or
attempt to commit dacoity ... aiding, is said to commit dacoity.
399. Making preparation to commit dacoity. - Whoever makes,
any preparation for committing dacoity, shall be punished with
rigorous imprisonment
where
the petitioner and others have assembled and making plan for
dacoity. Five persons namely, Pappu Kumar, Kundan Kumar,
Rupesh Kumar, Shivam Kumar and Santosh
other accused
persons holding deadly weapons i.e, five
wooden clubs, were making preparations to
commit dacoity of general public and to rob
the valuables ... spot with an intention to
commit dacoity, they had assembled with deadly weapons like
five wooden clubs and they were making preparation to commit
dacoity
Naveen Kumar came back and told that those five persons are
talking among themselves to commit dacoity saying that by
showing deadly weapons to rich ... Naveen Kumar came back and told that those five persons are
talking among themselves to commit dacoity saying that by
showing deadly weapons to rich
other
accused persons holding deadly weapons i.e,
five wooden clubs, were making preparations
to commit dacoity of general public and to rob
the valuables ... spot with an intention to commit
dacoity, they had assembled with deadly weapons like five
wooden clubs and they were making preparation to commit
dacoity
persons cannot be
convicted. As per the prosecution case, five persons were planning to
commit dacoity and three were apprehended from the spot ... Rani Bagh Page 21
offence of dacoity need to be perused:
"Section 391. Dacoity. When five or more person conjointly commit
or attempt
hand if the
said boys were found making plans to commit dacoity. Five boys entered
in the park at about 8.30 p.m. After hearing ... secret information about gathering of 4/5 boys to plan for
committing dacoity in wine shop. He organised the raiding party and
deputed Ct. Veer
conceived any such design for committing dacoity. Needless to
mention here that mere assembly of five or more persons armed with
weapons ipso facto will ... 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
offence of dacoity there may be, as is apparent from the Code itself, the actual commission of dacoity, a preparation for it, and an assemblage ... common that they presume an intention or agreement to commit dacoity by five, or more persons. In a popular sense an assembly to commit dacoity
