Lalbehari Singh and Others vs Emperor

Agarwala, J.—The three petitioners have been convicted u/s 341, I.P.C., and sentenced to pay a fine of Rs. 20 each or to undergo simple imprisonment for three weeks each in the following circumstances. The police were looking for a girl who was alleged to have been kidnapped. The complainant was seen accompanying a covered bullock cart out of the village, where the parties reside, on 25th May 1938. As a matter of fact he was taking his wife, sister-in-law and two children to another village to attend a marriage of his sister-in-law''s daughter.

The petitioners stopped the cart accusing the complainant of having the kidnapped girl under the covering. The complainant denied this but the petitioners insisted upon sending for the police and, when the latter arrived, the brother of the kidnapped girl was sent for and he was permitted to look inside the complainant''s bullock cart but reported that his sister was not there; the complainant was then permitted to proceed. On these facts the petitioners have been convicted and sentenced as stated above.

It is contended on their behalf that this is a case to which Section 79, I.P.C., applies, namely that they acted bona fide and with due care and with no intention of committing any offence. At their trial they endeavoured to prove that it was a constable who stopped the complainant''s cart and that they merely took a subsequent part in the affair. But that evidence has not commended itself to the Courts below. There is no enmity alleged between the petitioners and the complainant, although it appears that the master of the petitioners has had civil litigation with the complainant.

There is no doubt that the police were looking for a girl who was alleged to have been kidnapped and, although persons assisting the police must be careful not to interfere with the rights of other people, I find it difficult to believe in the circumstances of this case that the petitioners intended any harm. To me it seems that their action was a bona fide attempt to prevent what they genuinely believed to be the taking away of the girl whom the police were looking for.

In the circumstances therefore I would set aside the convictions and sentences.