Preparation for causing hurt or wrongful restraint is a necessary element for a conviction under section 452 IPC, and in the absence of clear proof of such preparation, a conviction cannot be sustained.

1. - This is a jail appeal filed by Sukhdeo against the judgment of the learned Sessions Judge, Bhilwara, dated May 23, 1980, by which the appellant was convicted under sections 452 and 333, I.P.C. and sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 100/-, in default of payment of fine to further suffer rigorous imprisonment for one month on the first count and on the second to undergo rigorous imprisonment for one year and to pay a fine of Rs. 200/-, in default of payment of fine to further suffer rigorous imprisonment for two months. Both the sentences of imprisonment were, however, ordered to run concurrently.

2. The prosecution story may be briefly described as follows:- Sukhdeo appellant was a Government employee in the Veterinary Hospital, Hurda. Ganpat Lal Mathur was District Animal Husbandary Officer, Bhilwara at that time. The appellant used to work on the post of Sayees under the control and supervision of the aforesaid officer. The appellant wanted to get payment of his unpaid salary through Shri Ganpat Lal Mathur. On March 7, 1979, at about 4.30 p.m. Ganpat Lal Mathur returned from tour to his office and began to see the Government papers which he had received from post-office. When he was looking into the papers,the appellant having armed himself with a lathi entered the office of Ganpat Lal Mathur and asked the latter why he had not made payment to the former of his unpaid salary. Ganpat Lal Mathur replied that certain objections had been made to the bill by the Treasury Officer and the payment would be made to the appellant after removing those objections. The appellant was not satisfied with the reply given to his query by Ganpat Lal Mathur. He, therefore, become enraged and began to beat Ganpat Lal Mathur with his stick. The appellant broke the mirror that was placed on the table. Ganpat Lal came out of his office in order to protect himself from the attack made on him by the appellant. He was saved by some persons who came to his rescue on seeing the appellant trying to give him further beating. Thereafter Ganpat Lal Mathur rushed to police station. Bhilwara, and lodged a report of this incident with the police. The police sent Ganpat Lal Mathur to Dr. Chaggan Lal for medical examination of his injuries. Dr. Chaggan Lal examined Ganpat Lal and found the following external injuries on his person:

1. Swelling 6 cm. x 4 cm. on the medical half of dorsum of right hand just above the Kunckle of the ring and little finger;

2. bruise 6 cm. x 2.5 cm. of red colour on the left side of chest just above nipple in oblique direction;

3. bruise 12 cm. x 2.5 cm. of red colour on postolateral side of left upper arm in oblique direction.
He suspected fracture of meta-carpal bone of the right hand of the injured. So he got it X-rayed by Dr. S.K. Mukherji, who, upon X-ray detected fracture of the spox of the 5th meta carpal bone of Ganpat Lal's right hand. The other injuries found on the person of Ganpat Lal were, however, simple caused by blunt weapon. Police made usual investigation into the case and after collecting necessary evidence eventually filed a charge-sheet against the appellant under sections 452 and 333, I.P.C. in the court of the Munsiff Magistrate Bhilwara, who upon finding a prima facie case exclusively triable by the Court of Sessions,committed the appellant to the court of the Sessions Judge, Bhilwara, for trial, under section 452 and 333, I.P.C. The appellant was tried by the learned Sessions Judge and was found guilty of the aforesaid offences. Accordingly the Sessions Judge convicted and sentenced the appellant on both the counts as stated above. Aggrieved by his convictions and sentences, the appellant has preferred this jail appeal. The jail appeal was admitted by this Court and a notice of hearing of the appeal was given to the Public Prosecutor and to the appellant through the Superintendent, District Jail, Bhilwara. The notice was served on the appellant on 4-8-1