Learned counsel for the appellants has relied upon the judgment of the Hon'ble Supreme Court in the case of Suleman Vs . State of Delhi through Secretary , (1999) 4 SCC 146, wherein the Court had doubted the accused speaking so loudly while planning to loot a petrol pump that their conversation could be heard outside. According to the prosecution therein, the accused were sitting in a room in a Dharamshala and were planning to loot a petrol pump. It was dark in the room and according to the witnesses, they over-heard them from outside, and, therefore, the evidence was held to be not believable. However, the facts of the said case are different from those of the present case. In the present case, all the accused were found sitting in the open but under a Banyan tree near the statue of 'Gulzari Lal Nanda'. When the police party went near them, it over-heard the conversation going on between them. They were planning to commit dacoity by stopping goods trucks with the help of the torch. When they were apprehended by the police party, deadly weapons were recovered from them. Under these circumstances, no benefit can be extended to the appellants on the basis of the judgment in the case of Suleman (supra).
