Short Note : 1. Appellant was convicted under sections 399 and 402 I.P.C. Held : As regards the offence under section 399 I.P.C., the prosecution has not brought out any material on record on the basis of which it could be held that the appellant had made any preparation for committing dacoity. A mere assembly without further preparation is not preparation within the meaning of section 399 I.P.C. Mere assembly without proof of other preparation is punishable only under section 402 I.P.C. Under the circumstances the conviction of the appellant under section 399 I.P.C., cannot be sustained in law. Appeal partly allowed.