MANGAL SINGH Vs. EMPEROR

JUDGEMENT

(1.) The petitioners have been convicted of offences under Secs.823 and 341, Indian Penal Code, and sentenced to pay a fine of Rs. 20 each in respect of the conviction under Section 328 and to undergo a month's rigorous imprisonment in respect of the conviction under Section 341.

(2.) 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.

(3.) 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.