Penal Code, 1860 – ss.324 and 452 – Voluntarily causing hurt – House trespass after preparation for hurt, assault or wrongful restraint – Prosecution case that the appellant inflicted injuries with the blade on the thigh, shoulder and back of the owner of the restaurant, when the owner refused to give the appellant water to consume alcohol – Victim’s friend tried to intervene, however, he was also inflicted injury – Conviction and sentence u/ss. 324 and 452 by the courts below – Correctness:
Held: Prosecution proved the guilt of the appellant so far as the offence u/s.324, “voluntarily causing hurt” to the injured and was rightly convicted and sentenced for the offence u/s.324 – As regards s.452, the incident took place in a restaurant run by the injured which cannot be said to be either a place used for human dwelling or for worship or for the custody of the property – Thus, the very ingredients of the offence u/s.452, namely, the criminal trespass as contemplated in s.441 and house trespass as contemplated in s.442 having not been made out by the prosecution, the appellant could not have been convicted for the offence u/s.452 – Thus, conviction and sentence awarded for offence u/s.452 by the trial court and confirmed by the High Court set aside – Appellant acquitted for the offence u/s.452. [Paras 6, 7, 9-12]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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