Short Note : The point for consideration is whether the convictions and the sentences of the appellant can be sustained. There is clear distinction between the offences under sections 399 and 402 IPC. In order to prove the offence under section 402 IPC, the prosecution has only to prove the assembly of five or more person for the purpose of committing dacoity. As regards the offence under section 399 IPC., the prosecution has also to prove that the assembly of five or more persons made certain preparation for committing dacoity. Appeal allowed.