JUDGMENT

Ryves, J. - This is an unusual case. Shimbu Narain was convicted by a Magistrate of the First Class u/s 344 of the Indian Penal Code and sentenced to one day's detention, till the rising of the Court, and a fine of Rs. 200. His appeal was dismissed by the learned Sessions Judge of Farrukhabad and he comes here in revision. The facts are not disputed.

2. Shimbhu Narain is a wealthy Zemindar and an Honorary Magistrate in the town of Kanauj. The charge against him is that of having wrongfully confined his brother, Maheshwar Narain , f OT more than ten days, in fact, from the 29th of March until the 3rd of July 1932. It appears that Maheshwar Narain is subject to fits of insanity, and, on such occasions, exhibits dangerous and violent tendencies. On or about the 29th of March he certainly became very violent and went about brandishing a sword and threatening to do violence to people. I think there is no doubt that on that date he was insane, and dangerously so. Shimbhu Narain had him chained up with very heavy chains and kept him in that condition until the 3rd of July, when, the matter having been reported to the District Judge, Shimbhu Narain was called upon to produce Maheshw