Short Note : 1. This is an appeal by the State of M.P. challenging the order of acquittal of the respondents Pratap, Prem, Giri, Nandlal. Bhaiyan and Mulaim Singh under section 399 and 402 of the Indian Penal Code and sections 25 and 27 of the Arms Act. Held: To convict a person under section 399 of the Indian Penal Code, the essential thing is that the prosecution must show that there were persons who had conceived the design of committing dacoity. Once the existence of such a conspiracy has been established, then any step taken with the intention and for the purpose of forwarding that design must justify the Court in holding that there has been preparation within the meaning of this section. The mere fact that a number of persons were found collected together some of whom were in possession of firearms does not by itself lead to the inference that they had collected there having made preparation to commit dacoity. In this case, except that the respondents were found in the jungle duly armed, there is not an iota of evidence either to establish conspiracy of their assembly to commit dacoity. In the Statement of Roinamcha (Ex. P-12) portion A to A, it was mentioned that these persons were intending to commit dacoity. But this allegation is insufficient to attract either section 399 or section 402 of the Indian Penal Code. Besides this, persons who had conspired to commit dacoity would not sit idle at mid-night in the jungle. Even when challenged by the police, they did not fire a single shot. In fact, nothing in the nature of encounter took place between the police and the respondents. Appeal partly allowed.