...by committing lurking House Trespass into the house. 'Dacoity' is defined in Section 391, Indian Penal Code. There must be 5 or more persons, committing robbery, to amount.... 20. Section 391, Indian Penal Code provides that robbery becomes dacoity when 5 or more persons 'conjointly commit it.' These persons can be either...combination. The use of word 'conjointly' in Section 391, Indian Penal Code indicates that the 5 robbers act with knowledge and consent and in aid of one another or pursuant to...

...considerable distance from the house of Mendai where the dacoity had been committed. 7. On a plain reading of section 391, Indian Penal Code it would appear that... : The appellant had been charged inter alia with having committed an offence under section 396, Indian Penal Code in that he on 10/11th day of September...appeal of the appellant before the High Court. He, however, raised a question of law, viz., that he may be guilty under section 395 but not under section 396, Indian Penal Code because any murder...

...commission of the dacoity having regard to the definition of dacoity in Section 391, Indian Penal Code, we hold that on this finding he should not have been convicted. He...consideration as against the other accused under the provisions of section 30. 6. We think there is considerable force in this contention. Kalu in this statement describes the movements...to consider to what extent an incriminating statement is to be regarded as confession within the meaning of Section 30...

..., Indian Penal Code for the reasons mentioned hereinafter. But, before we proceed to give those reasons, we would like to analyse the provisions contained in sections 396, 397 and 391 of the Indian Penal Code.24. The offence under section 396....’27. Section 391, Indian Penal Code gives the definition of dacoity only. Section 391 defines dacoity thus:Section 391:‘When five or more persons conjointly...acquitted on all the counts and appellant Edward deserves to be acquitted under sections 302, Indian Penal Code, and 396 read with Section 397, Indian Penal Code. In our...

....”30. Section 391, Indian Penal Code defines dacoity thus:“When five or more persons conjointly commit or attempt to commit a robbery, or where the whole number of persons..., Indian Penal Code and of Respondent No. 2 Kashiram Shankar More, for the offence punishable under section 397 read with 34, Indian Penal Code. The said judgment of...Tukaram Utekar for the offences under sections 379 and 324, Indian Penal Code, instead of 397, Indian Penal Code and gave him the benefit of section 360 of the Code of Criminal...

...Section 174-A of the Indian Penal Code, 1860 (‘IPC’ for short), registered at Police Station Palam Vihar, Gurgaon (Annexure P-2) and all the subsequent proceedings arising therefrom including the order...Sabina, J.:— Petitioners have filed this petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No. 391 dated 20.6.2014, under...would be nothing but an abuse of process of law.8. Accordingly, this petition is allowed. FIR No. 391 dated 20.6.2014, under Section 174-A IPC, registered at Police Station Palam Vihar...

...supposed to be standing outside the house have neither been named nor identified and who they were is still shorouded in mystery. The offence of dacoity is defined under section 391 Indian Penal Code and..., Mohd. Rafiq appellant was caught red handed in another case under section 394/34 Indian Penal Code whereas Mohd. Ashqin was arrested on the night intervening 7/8th of...the offence will not fall under section 395 Indian Penal Code though it does fall within the ambit of the definition of Robbery made punishable under section...

...C. P. Sen, J. - Appellant Rahman has been convicted under section 394/391 Indian Penal Code and sentenced to R.I. for seven years. 2. The facts...

...reason to falsely implicate the appellants in the instant case. The incident of the commission of the offence and dacoity in terms of Section 391 Indian Penal Code, 1860 is wholly borne out through the...any event, the charges against the said appellant qua the conviction under Section 397 Indian Penal Code, 1860 cannot stand in any manner inasmuch as there is no...involvement in FIR 294/2002, PS Link Road, under Section 459 Indian Penal Code, 1860 and after completion of the sentences in all cases i.e. FIR No.319, PS Aman Vihar, FIR No.872...

...reason to falsely implicate the appellants in the instant case. The incident of the commission of the offence and dacoity in terms of Section 391 Indian Penal Code, 1860 is wholly borne out through the...any event, the charges against the said appellant qua the conviction under Section 397 Indian Penal Code, 1860 cannot stand in any manner inasmuch as there is no...involvement in FIR 294/2002, PS Link Road, under Section 459 Indian Penal Code, 1860 and after completion of the sentences in all cases i.e. FIR No.319, PS Aman Vihar, FIR No.872...

.... 600/- and mobile phone. Therefore, he referred to the provisions of Sections 391, 392, 394 and 397 of the Indian Penal Code and submitted that Section 391 of...Indian Penal Code cannot be sustained. Section 397 of the Indian Penal Code would not be attracted as rightly submitted by the learned counsel. Section 391 of...Judge, Gandhinagar dated 14.12.2005 recording conviction of the appellant-accused for the offence under Section 392 read with Section 397 of the Indian Penal Code imposing...

...property. Notwithstanding this the offence of dacoity as defined in section 391 of the Indian Penal Code was completed by them, an attempt to commit robbery by the gang being...Knox and Aikman, JJ.:— In this case Chaudar, Murl??? and Brijmohan. Thakurs, have been convicted of an offence punishable under section 396 of the Indian Penal Code...section 395 of the Indian Penal Code. They have, however, been convicted of an offence punishable under section 396 of the Indian Penal Code, and we have to...

...- 5) committed ? one of the convictions of all these accused given by the lower court is under section 396, indian penal code. That is a provision for punishment for dacoity with murder. Section 391 indian...requirements of section 391, indian penal code are satisfied in the case. Since appayya sastry was murdered in the course of dacoity section, 396 indian penal code is...the principal charges were under sections 120 - b, 147, 148, 149, 396, 413, 449 and 460, indian penal code, in addition to the serious charge under section 302, indian penal...

...wrongfully restrained and thereafter decamped with Rs.5200/- and hence these ingredients are sufficient to attract Section 395 of the Indian Penal. Dacoity itself is defined under Section 391 of the Indian Penal Code when...undergo rigorous imprisonment for ten years for the offence under Section 364 of the Indian Penal Code, ten years for the offence under Section 395 of the Indian Penal Code and seven years of the offence...under Section 397 of the Indian Penal Code. 3. The prosecution case, as alleged, is that Ram Uday Singh P. W. 4 was coming along with Mahavir Singh on motor-cycle then...

...from the record of the learned trial Court that the charge-sheet was filed only against 03 accused persons/respondents. 8. For ready reference, Section 391 of Indian Penal Code is...held as under:- Section 391 of the Indian Penal Code (IPC) (Dacoity):- When five or more persons conjointly commit or attempt to commit a...have been acquitted of the charges under Sections 395 and Section 412 of IPC and Sections 25, 27 of the Arms Act. 2. Brief facts of the case are that on 24.01.2010 at...

.../397/412 of the Indian Penal Code. Having heard the learned Advocate for the petitioner, this Court records that as per the definition of dacoity contained in Section 391 of...robbery allegedly by the petitioner and three other accused persons. Therefore, the petitioner ought to have been charged under Section 392 of the Indian Penal Code. It is also submitted by the...Case 2 No. 387/2012 dated 23rdDecember, 2017 under Sections 395/397/412 of the Indian Penal Code...

....391/2019 registered at Police Station- Tejaji Nagar, District-Indore (MP) for commission of offence punishable under Section 420/34 of Indian Penal Code, 1860 and all other subsequent proceedings...at Crime No.391/2019 registered at Police-Station-Tejaji Nagar, District-Indore (MP) for commission of offence punishable under Section 420/34 of Indian Penal Code, 1860, and all other subsequent...parties. 2] This petition has been filed by the petitioner under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023/Section 482 of Cr.P.C. for quashment of FIR lodged at Crime No...

...contention of the learned counsel for the appellants. We find from Section 391 of Indian Penal Code, when five or more persons co-jointly commit robbery, it is termed as...-accused Dipak Das for the offences punishable under Section 395/397/307 read with Section 34 of Indian Penal Code. The co-accused Dipak Das was also convicted under...-accused Dipak Das :Under Section 395/34 of Indian Penal Code :To undergo rigorous imprisonment for life and to pay fine of Rs. 2000/- each, in...

...may extend to ten years, and shall also be liable to fine,” and ‘Dacoity’ is defined in Section 391 Indian Penal Code as under:—“When five or more persons...been charged with offence under Section 396 as also with 302 alternatively 302 read with 149 IPC.Section 396 Indian Penal Code provides that “if any one of five or more persons who...is essential to the offence of the dacoity and what is necessary is that all the persons should have shared the common intention of committing robbery.37. Section 395 of Indian Penal...

...question, as to whether, the offences, punishable under Sections 395 and 397 of the Indian Penal Code, were committed by the accused or not, it may be stated here, that they did not commit such offences. Section 391 of...five or more, every person so committing, attempting or aiding, is said to commit “dacoity”.The plain reading of the provisions of Section 391 of the Indian Penal Code, clearly..., against them. Under these circumstances, the ingredients, required for constituting the offences, punishable under Sections 395 and 397 of the Indian Penal Code, were not fulfilled, from the evidence, on record. The trial Court, without adverting to the provisions of Section 391 of...