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Head Note

Indian Penal Code,1860  - Section 342 , Section 364 , Section 34

Ingredients of wrongful restraint - When by force or deceit if any person compelled or induced to go from any place and such an abduction takes place in order to ultimately eliminate him, the offence would be made out under Section 364, IPC - High Court while examining the conduct of the appellant alongwith the other accused in wrongfully restraining the deceased by inflicting severe injuries on the body of the deceased in which process the person lost his conscious where after he was shifted to a different place, where the person was killed by hanging every description of the offence under Sections 342 and 364 with the aid of Section 34, IPC was clearly made out - Therefore, there is no fault in the conclusion of the High Court in having reversed the judgment of the trial Court for convicting the appellant for the offence under the said Sections - Appeals as such dismissed.

Topic(s)-Ingredients of Wrongful Restraint