Facts of the Case
- Four persons, acting together with a common criminal intention, entered a house during the night.
- The entry was unlawful and made with the intention to commit theft/robbery inside the premises.
- They successfully looted the house, taking away valuable property.
- While escaping, they injured a person who attempted to resist or happened to be present.
- The act involved house-trespass at night, theft, hurt, and common intention among all four offenders.
Issues in the Case
- Whether the act of entering a house at night with intent to commit theft amounts to lurking house-trespass by night or house-breaking?
- Whether looting by four persons constitutes robbery or dacoity?
- Whether causing injury during the crime aggravates the offence?
- Whether all four can be held liable under the doctrine of common intention (Section 34 IPC)?
- Whether the offence falls under Section 395 (Dacoity) or Section 397 (Robbery with attempt to cause death or grievous hurt)?
Legal Principles Covered to Support Case & Judgement
A. Section 441, 442, 443 IPC – Criminal Trespass & House-Trespass
Entering a house with intent to commit an offence constitutes house-trespass.
Because the act occurred at night, it becomes lurking house-trespass by night under Section 443 IPC.
B. Section 378 & 379 IPC – Theft
The act of taking movable property without consent and with dishonest intention amounts to theft.
C. Section 390 IPC – Robbery
Theft becomes robbery when the offender:
- voluntarily causes hurt, or
- puts a person in fear of instant hurt or death
during the commission of theft or while carrying away the stolen property.
Here, the offenders injured a person while escaping → theft converts to robbery.
D. Section 395 IPC – Dacoity
When five or more persons commit or attempt to commit robbery, it becomes dacoity.
However, in this case, only four members participated → not dacoity under Section 395.
E. Section 394 IPC – Voluntarily causing hurt in committing robbery
If offenders cause hurt while committing robbery or while carrying away property obtained by robbery, they are liable under Section 394 IPC.
This applies perfectly here.
F. Section 34 IPC – Common Intention
All four entered the house with a pre-planned criminal intention.
Thus, liability is shared equally under Section 34 IPC.
Possible Judgment
A. Nature of the Offence
The acts of the four men collectively amount to:
- Lurking house-trespass by night – Sections 443/444 IPC
- Robbery – Section 390 IPC
- Voluntarily causing hurt in committing robbery – Section 394 IPC
- Common intention – Section 34 IPC applies to the whole group
B. Why Not Dacoity?
- Section 395 IPC requires minimum five persons.
- Only four members participated → dacoity does NOT apply.
C. Punishment
Under Section 394 IPC, the offenders may be punished with:
- Imprisonment for life, or
- Rigorous imprisonment up to 10 years, and
- Fine.
About lawgnan
For a deeper understanding of offences involving night house-trespass, robbery, and causing hurt under the IPC, visit Lawgana.in. Our platform simplifies complex legal provisions such as Sections 443, 444, 390, 394, and 34 IPC, helping you understand how common intention and use of force transform theft into robbery. Whether you’re a law student, judiciary aspirant, or legal researcher, Lawgana.in provides structured, exam-oriented explanations and real-case illustrations to build conceptual clarity. Explore more IPC analyses, case briefs, and legal insights crafted for easy learning. Visit Lawgana.in today to enhance your legal understanding.
