Penal Code, 1860–Sec. 396–Dacoity with murder–Application of Section–Held, if the murder is committed by dacoits when they are engaged in carrying off the stolen property, is murder committed while they were engaged
in committing dacoity and Sec. 396 will be applicable–However, where after the commission of dacoity, dacoits being interrupted by the villagers, did not get any plunder, and were attempting to escape and one or more of them in order to facilitate the escape attacked killed one of the pursuing party and only the person, actually taking part in the killing will be liable for the offence of murder.
