SHAMSUDHEEN Vs. STATE OF KERALA

JUDGEMENT

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

(2.) Getting information about the wrongful confinement of PW.10, PWs. 1& 2 a police constable and Head Constable respectively proceeded to the place where PW.10 was kept in wrongful confinement. They rescued PW. 10 from captivity by about 11.30 p.m. Incensed by this, petitioners are alleged to have kept PWs l & 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 the evidence of PWs. 1 to 4, 12 & 13, courts below found 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.