Gopalaratnam for the petitioners is that there was no wrongful restraint within the meaning of Section 339 , Indian Penal Code, because, although the cart ... restraining a horse on which a person is riding is not wrongful restraint as. defined by Section 339 , Indian Penal Code. If the person
blockade may be complete or partial and is invariably accompanied by wrongful restraint, and or wrongful confinement and occasionally accompanied by assault, criminal tresspass, mischief ... accompanied by violence and diverse forms of crimes resulting in wrongful confinement or wrongful restraint of the encircled person or persons is a criminal activity
striking the bulls and making them run away did not cause wrongful restraint to the complainant and in support of this the decision ... pithily put, is linear in its scope; while wrongful confinement is circular in its character. Wrongful restraint is keeping a man out of a place
with prosecutions for alleged encroachments, etc., detained some of them under wrongful restraint and infringed rules for preserving secrecy of the election--these things having ... official duty. It is conceded that the alleged act of wrongful restraint cannot be said to have been committed by the Chairman in his capacity
right to be." 'Wrongful confinement which is a form of wrongful restraint is the keeping a man within limits out of which ... ingredient of the offence of wrongful confinement, it must be held to be equally unnecessary to constitute wrongful restraint. Mr. Seshagiri Ayyar invited my attention
convicted. Section 341 of IPC is extracted hereunder:
341. Punishment for wrongful restraint —
Whoever wrongfully restrains any person shall be punished with
simple imprisonment ... offence under Section 341 of IPC , there must
be restraint. Wrongful restraint has been defined under Section
Accused voluntarily caused or attempted to cause
(i). death, hurt, or wrongful restraint
(ii). fear of instant death, hurt or wrongful restraint,
as per decision ... attempted to cause to some person
(a) death, hurt or wrongful restraint; or
(b) fear of instant death, or of instant hurt, or of instant
Section 341 . Punishment for wrongful restraint. —Whoever wrongfully
restrains any person shall be punished with simple imprisonment for a term
which may extend ... restraint to be wrongful under this section. The presence of assault is not required
for the act to amount as wrongful restraint. Even
attempts to cause to any person death or hurt or
wrongful restraint, or fear of instant death or of instant hurt, or
of instant wrongful ... money is extorted after wrongful
restrain, also amount to robbery. It is not necessary by the said wrongful
restraint, such person is put to fear
relied upon the prosecution witnesses to convict
A-1 for wrongful restraint, using obscene language, causing hurt and for
insulting a member ... community in the public. Convicted A-2 for
wrongful restraint.
10.The learned counsel for the appellants while pointing out the
contradictions and embellishments
