stated that
the prosecution was required to prove the case of
preparation for dacoity by five or more persons and to
drag the case under ... preparation must be proved and
what must be proved further is that the act for which
preparation was being made was for dacoity
preparation to commit
dacoity. The prosecution has failed to prove that
the alleged robbery or dacoity, which allegedly the
accused were prepared ... prove that the petitioner had assembled with a motive to
prepare a dacoity or a heinous offence. In reply, it has not been
mentioned
preparation of dacoity, whereas, according to the
definition of dacoity minimum gathering of five persons for committing or
attempt to commit dacoity is required ... preparation must be proved and what must be
proved further is an act for which preparation was being made
was a dacoity, that
Indian Penal Code, the prosecution is
required to prove preparation of dacoity beyond all shadow of
doubt and for conviction under Section ... together makes their participation of the persons for the
commission of preparation of dacoity is improbable. Learned
counsel also placed reliance in the matter
other witness. He has submitted that accused persons were found
making preparations of dacoity and weapons were also recovered from
their possession. He has submitted ... have gathered at the spot only for
the purpose of making preparation of dacoity. He has contended that
accused persons have failed to tender
purpose of committing
dacoity and they were making preparation for committing
dacoity, and they. Thus, he is prosecuted for offences punishable
under Section ... more in number;
(ii) They were making a preparation;
(iii) The preparation was for committing dacoity.
18. The essential ingredients of offence under section
sufficient for establishing the fact of assembly of appellants for
preparation of dacoity.
9. Learned counsel for the appellant has placed reliance ... mere
assembly of persons is not indicative of the fact of preparation of
dacoity. Gathering of persons is not sufficient to prove that they
were
nothing to show that the
appellants, in any way, were preparing to
commit dacoity."
Cases Veer Singh and three others v. The State ... factum, as to whether,
the accused were allegedly making preparation to
commit dacoity, while sitting in a room, armed with
iron rods, a dagger
mean that
they had assembled there for making preparation to commit dacoity.
They further submitted that the trial Court has acquitted the accused
under Sections ... nothing to show that the appellants, in any way, were
preparing to commit dacoity."
In Baldev Singh vs. State of Haryana 1988 (1) Recent
purpose of committing dacoity or they were making preparation to commit dacoity. The evidence led by the prosecution merely shows that persons had assembled ... with his associates was only with the purpose of committing dacoity or making preparation for committing dacoity in the instant case, such evidence is lacking
