Section 399 in The Indian Penal Code, 1860
399. Making preparation to commit dacoity.—
Whoever makes, any preparation for committing dacoity, shall be punished with
that the accused were armed
with weapons and hence, were preparing to commit
dacoity.
2.2 The police arrested them under the accusation that they
were ... refers to "preparation" for the
commission of dacoity and the section makes
'preparation to commit dacoity' punishable. In order to
establish
preparation to commit
dacoity. The prosecution has failed to prove that
the alleged robbery or dacoity, which allegedly the
accused were prepared ... persons conjointly commit or attempt to commit a robbery, then every
person so committing, attempting or aiding, is said to commit "dacoity".
Learned
mean that they had assembled there, for
making preparation to commit dacoity, as the said place was
near the Engineering College and other inhabited locality ... conversation of the accused,
when they were allegedly making preparation to commit
commit dacoity, but was told about the same by Ganga Bishan,
Assistant
preparation of dacoity, whereas, according to the
definition of dacoity minimum gathering of five persons for committing or
attempt to commit dacoity is required ... five or more, every person so committing, attempting or
aiding, is said to commit dacoity.
399. Making preparation to commit dacoity. - Whoever makes,
any preparation
committing, attempting or aiding, is said to commit
"dacoity".
Section 393. Attempt to commit robbery.- Whoever
attempts to commit robbery shall be punished ... were making preparation to commit dacoity,
when and where they were to commit dacoity for which they were
making preparation except informant, none
that the persons
were preparing to commit dacoity and they had assembled for the
purpose of committing dacoity punishable under Sections ... other persons were present and five persons have committed the
offence of preparation to commit dacoity. Learned Additional
Sessions Judge has appreciated the evidence available
preparations
made by the accused to commit robbery can be inferred by
their conduct and possession of weapons/incriminating
materials to commit dacoity ... there to commit dacoity. The prosecution has to prove that
the accused were present with intention to commit dacoity
and making preparation to commit dacoity
Layout,
accused No.1 along with other accused was
making preparations to commit dacoity by
holding deadly weapons and thereby
accused No.1 has committed ... accused for preparing to commit
dacoity and the assembly could only be with the purpose of
committing dacoity.
20. The Hon'ble Supreme Court
assembled for the purpose of
committing dacoity and making preparation to commit dacoity of
money and ornaments of the persons who were proceeding ... prove that they have committed the offence
17 SC No.1186/2013
of assemblage and making preparation to commit dacoity,
punishable under section