Law: Penal Code (XLV of 1860)

Section: 399

  Penal Code (XLV of 1860)... ---- S. 399 --- Criminal Procedure Code (V of 1898),'S ' '103 --- Appreciation of evidence --- Despite the raid having been made in the morning time no one from the local people had been associated as a witness, nor did the complainant police officer approach any private person to act as Mashir --- Raid proceeding being in violation of S.103, Cr.P.C. were alone sufficient to set aside the conviction --- Mashirnama of "Vardat" did not appear to have been prepared by the police officer as the same was not produced in the case --- Two co-' accused having been acquitted on the ground of false implication by the Trial Court, the remaining three accused could neither form an unlawful assembly nor commit any dacoity --- Accused were acquitted in circumstances. Penal Code (XLV of 1860).- ---- S. 399 --- Preparation to 'commit dacoity --- Intention, an essential ingredient ---Proof, what constitutes --- Mere assembly of five or more armed persons at the place would not show their intention to commit dacoity unless some overt act or some attending circumstances are proved to support such intention. Rasool Bux Unar for Appellants. ORDER This appeal is directed against the judgment of the Judge Special Court-I (Suppression of Terrorist Activities) Hyderabad in Case No.65 of 1992 convicting the present three appellants under section 399, P.P.C. and sentencing them to suffer RI. for 10 years each and to pay a fine of Rs.10,000 each and in default of payment of fine to suffer further imprisonment of one year. Briefly the facts are that one Haji Noor Ali Mari D.S.P., CIA. Centre, Hyderabad registered an F.I.R. with Chambur Police Station under section 399, P.P.C. etc. being Crime No.64 of 1991. The allegations according to FI.R. are that on the evening of 7-12-1991 the complainant had received spy information to the effect that the decoits have collected in the lands of Haji Ghulam   Hussain Khokhar and they were likely to commit decoity. On receipt of such information the complainant collected police force from Matiari and Chambur Police Stations and also summoned the reserve police force in addition to…