SHAMSUDEEN Vs. STATE OF KERALA

JUDGEMENT

(1.) Courts be low concurrently found petitioners guilty of the offence under section 342, I,P.C., on a charge that at or about 11.30 p.m. on 1.5.85, they wrongfully restrained P.Ws. 1 and 2, police officers. There was a faction feud between two groups of persons belonging to a particular community, in the village. One group did not relish the idea of P.W. 10 visiting the house of P.W. 5 for performance of certain religious rites. He was counselled against doing that. Despite that, P. W. 10 went to the house of P.W. 5 and upon this, it is said petitioners wrongfully confined P.W. 10. In respect of this, S.T. 2358/85 arose.

(2.) Getting information about the wrongful confinement of P.W. 10, P.Ws. 1 and 2 a police constable and Head constable respectively proceeded to the place where P.W. 10 was kept in wrongful confinement. They rescued P.W. 10 from captivity by about 11 30 p.m. Incensed by this, petitioners are alleged to have kept P.Ws. 1 and 2 in wrongful confinement till 1.30 a.m. in the morning until a police party rescued them. In respect of this, the present charge is made Accepting to the evidence of P. Ws. 1 to 4, 12 and 13, courts below framed the charge. Petitioners were sentenced to pay a fine of Rs. 1,000/each, with a default sentence. This is challenged in Crl. R.P. 786/88.

(3.) In Crl. R.C. 127/88, notice was issued to petitioners to show cause why the sentence imposed on them should not be enhanced.