A gang of six persons raided a jewel shop owned by Soni at night. They had loaded guns and other weapons with them. After the loot while they were running away with their loot when Ramesh saw them and tried to stop them.

According to Section 310(1) of the Bhartiya Nyaya Sanhita 2023, when five or more persons conjointly commit or attempt to commit a robbery, or where the whole number of persons conjointly committing or attempting to commit a robbery, and persons present and aiding such commission or attempt, amount to five or more, every person so committing, attempting or aiding, is said to commit dacoity. According to section 310(2), whoever commits dacoity shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. According to section 310(3), if any one of five or more persons, who are conjointly committing dacoity, commits murder in so committing dacoity, every one of those persons shall be punished with death, or imprisonment for life, or rigorous imprisonment for a term which shall not be less than ten years, and shall also be liable to fine. In this case as per Section 310 of the Bhartiya Nyaya Sanhita, 2023, there are more than five persons actively participating in the offence of dacoity and one of them shot down Ramesh while committing dacoity and hence they all may also be held liable for the offence under section 310(3).