AIR 1951 ALLAHABAD 834

Allahabad High Court

Hon'ble Judge(s): B. B. Malik , C.J. AND R. N. Gurtu , J

(A) Penal Code (45 of 1860) , S.396— Murder in commission of dacoity. The question whether murder was committed while committing dacoity is a pure question of fact and of degree, not to be determined by any general rule, but by the special circumstances of each case : 2 Bom. l. r. 325, Foll.(Para 7) Anno. Penal Code, s. 396 n. 1. (B) Penal Code (45 of 1860) , S.391— Dacoits unsuccessful in removing any booty-Dacoity if committed. The word 'dacoity' has been defined not only where a robbery is committed by five or more persons but where five or more persons had attempted to commit a robbery. In view of the definition of dacoity the argument that, as the dacoits were unsuccessful in removing any booty, no dacoity was committee, is misconceived.(Para 8) Anno. Penal Code, s. 391 n 1. (C) Penal Code (45 of 1860) , S.396— Sentence - Death sentence - Judgment in capital cases. Criminal P.C. (5 of 1898) , S.367(5)— As in awarding any other sentence, a Judge who passes a sentence of death has to apply his judicial mind. He has to consider the question whether the case is one where a sentence....