399. Making preparation to commit dacoity.--Whoever makes any preparation for committing dacoity, shall be punished with imprisonment for life or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.
COMMENTARY
1. Intention. Intention an essential ingredient. Mere assembly not sufficient. PLD 1996 Kar. 146. Preparation consists in devising or arranging means and measures necessary for commission of offence. 1990 PCr.LJ 41.
2. Benefit of doubt. No person of locality despite reckless firing, attracted to the spot to support prosecution stand, all witnesses were police officials. Not a single empty recovered from the spot. Ocular account in conflict with medical evidence. Case not free from doubt. 2002 PCr.LJ 1240.
3. Appreciation of evidence. Police found six nominated accused armed with fire arms alongwith two unknown persons. Indiscriminate firing at the police party but not a single empty was recovered from the spot. Not a single person from police side was injured. Claim of prosecution that due to sand empties were not found is unbelievable. No person of locality despite reckless firing was attracted to the spot. All police officers have been cited witnesses. Ocular account is in conflict with medical evidence. Prosecution evidence has been disbelieved qua acquitted accused. Plea raised by appellant seems more plausible. Accused also filed a private complaint against police after having failed to get a case registered against police. Case is not free from doubt and it is unsafe to rely upon prosecution evidence for conviction of accused. PLJ 2002 Cr.C. (Lahore) 628 = 2002 PCr.LJ 1240.
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