Jharkhand High Court
Bhupinder Singh vs The State Of Jharkhand on 2 November, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No. 1432 of 2017
....
1. Bhupinder Singh
2. Surjit Kaur
3. Harminder Singh .... Petitioners
Versus
The State of Jharkhand .... Opposite Party
....
CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
For the Petitioners : Mr. A.K.Sahani, Adv.
For the State : Mr. Shekhar Sinha, P.P.
....
05/02.11.2021 The instant criminal revision has been filed against the order dated
30.08.2017 passed in Criminal Appeal No.31 of 2017 by the learned Sessions Judge,
Ramgarh, who has affirmed the order of judgment of conviction and order of sentence
dated 04.08.2017 passed by the Judicial Magistrate, 1st Class, Ramgarh in G.R.
No.1336 of 2008 (T.R. No.703/2017, for the offence under Sections 341 and 504 of the
Indian Penal Code.
It has been alleged that the informant, namely, Charanjeet Kaur (P.W.-3) has
been assaulted and abused by these revisionist and also asked her to vacate the house.
The revisionists have been charged under Section 323, 341 and 504 of the IPC. After
conclusion of the trial, the trial court has convicted the revisionists under Sections 341
and 504 of the IPC. Against the said order of conviction, an appeal being Criminal
Appeal No.31/2017 has been filed in which the revisionists have been acquitted from
the charge under Section 504 of the IPC.
It has been argued by the learned counsel for the revisionists that the entire
incident suggests that they have assaulted, abused and insulted the informant which
has not been found true and as such the conviction under Section 341 of the IPC
cannot be maintained.
Learned counsel for the State has supported the judgment of conviction.
Heard learned counsel for the parties and perused the record.
Section 341 of the IPC is quoted hereinbelow:-
341. Punishment for wrongful restraint.- Whoever wrongfully restrains
any person, shall be punished with simple imprisonment for a term
which may extend to one month, or with fine which may extend to five
hundred rupees, or with both.
The ingredient of Section 341 of the IPC is very wide but the ingredients
have to be considered in the facts and circumstances of the particular case. In the
present case, the allegation of insult, assault and abuse have been found false and as
such the revisionists have been acquitted from the said charges. If this allegation is
removed from the allegation, the entire allegation falls and with them ingredient of
Section 341 of the IPC also falls.
Thus, in peculiar facts and circumstances of the case and the fact that the
revisionists have already been acquitted for the offence under Section 504 of the
IPC, the conviction for the offence under Section 341 of the IPC is not
maintainable and accordingly the revisionists are acquitted from the said charges
also.
In the result, the orders dated 30.08.2017 passed in Criminal Appeal
No.31 of 2017 by the learned Sessions Judge, Ramgarh, who has affirmed the order
of judgment of conviction and order of sentence dated 04.08.2017 passed by the
Judicial Magistrate, 1st Class, Ramgarh in G.R. No.1336 of 2008 (T.R.
No.703/2017) is, hereby, set aside.
(Rajesh Kumar, J.)
Shahid/
