Penal Code, 1860–Secs. 391 & 395–Applicability–Five persons were involved in the offence of robbery–Merely because some of the accused absconded and less than five persons came to be tried in the trial, it cannot be said that the offence u/s. 394 punishable u/s. 395 is not made out–What is required to be considered is the involvement and commission of the offence of robbery by five persons or more and not whether five or more person were tried.
