If Grievous Hurt Is Caused Then the Offence of Wrongful Restraint Also Committed Is Not Necessary: Tripura High Court

Case: Ratan Sarkar Versus The State of Tripura

Excerpt 

The High Court of Tripura after thoroughly going through the evidence and witnesses upheld the decision of the Sessions Judge and held the Accused guilty of assault and grievous hurt.

Facts 

This Appeal was filed in response to the Judgment passed by the Sessions Judge which held the Petitioner guilty under section 341 and 326 IPC. The Petitioner was accused of assaulting a man in an open market and wrongfully restraining him. He was badly injured in the incident and the victim’s wife lodged a complaint. The Petitioner pleaded not guilty of all the acquisitions.

Arguments of the Petitioners’

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The learned counsel for the Petitioner argued that the court did not take into consideration the discrepancies in the statements of the witnesses. The place where the incident occurred, was a shop of which one employee was the witness only his statements were recorded and other employees that were present were held back. The FIR was lodged after 6 hours of the occurrence of the event. The blood-stained mud and the weapon ‘dao’ were not sent for forensic examination. According to them, there was no substantive proof to hold the Petitioner guilty.

Arguments of the Respondents

The Respondent claimed that he went out shopping with his wife and while shopping the accused attacked him from behind. In the incident, he sustained serious injuries on his shoulder, face, and hands. The victim showed his injuries in the court and medical report and the Doctor confirmed it. There were many eyewitnesses present at the time of occurrence who had given their testimony. All the evidence points towards the Petitioner and the victim himself confirmed this.

Court’s Opinion 

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The High Court upheld the decision of Sessions Judge and held the Accused guilty under section 326 IPC and section 320 IPC for grievous hurt but the court opined that the accused must not be held guilty under section 341 IPC for the offence of wrongful restraint. Unless there is evidence substantiating the commission of the offence of wrongful restraint, an offence under Section 326 IPC would not necessarily attract the offence of wrongful restraint. 

 

Click here to read the Judgement


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