Mangal Singh and Others vs Emperor

Agarwala, J.—The petitioners have been convicted of offences under Sections 823 and 341, Penal Code, and sentenced to pay a fine of Rs. 20 each in respect of the conviction u/s 328 and to undergo a month''s rigorous imprisonment in respect of the conviction u/s 341.

The facts were that the complainant, who is a pleader living in the same village as the petitioners, was proceeding on a road on tumtum when the petitioners appeared, stopped the tumtum, abused the complainant and assaulted him with umbrella, slippers and slaps. In the course of this occurrence they wrongfully stopped the complainant for about 15 minutes. The evidence with regard to this occurrence has been found by both the Courts below to be reliable; but it is contended in this Court that the acts committed do not establish a charge of wrongful restraint.

It is contended that what was restrained was the tumtum and not the complainant. Reference was made to two cases which however do not support this contention.

In Juggeshwar v. Koylash 12 Cal. 55, the facts were that the complainant had loaded certain goods upon a cart for the purpose of removing them when the accused came and unyoked the bullocks and turned the goods off the cart. It was held on these facts that the accused could not be convicted u/s 341.

In Durga Pada Chatterjee and Another Vs. Nilmani Ghose, the facts were that one Kalipada purchased paddy which was loaded on the carts of the complainant. The accused, prevented these carts from proceeding along the public way with the object of compelling the payment of certain dues to the landlord of the village. There is no evidence in that case that the complainant or anybody else was on the cart at the time they were obstructed.

In the present case the complainant was on the tumtum and by obstructing the tumtum the accused prevented the complainant from proceeding on his way. These facts constitute the offence of wrongful restraint.

With regard to the sentence, however, I would maintain the sentence of fine u/s 823 and change the sentence of imprisonment passed for the conviction u/s 311 to a fine of RS. 20 each or in default simple imprisonment for one week each.