PUNA RAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been preferred by the appellants under Section 374 (2) of the Code of Criminal Procedure, 1973 (for brevity, the Cr.P.C. in short) against the judgment passed by the 1st Additional Sessions Judge, Durg, District Durg in Sessions Trial No.54/2011 on 24th July, 2012 convicting both the appellants under Section 302 of the Indian Penal Code (henceforth, the IPC) and sentencing them to life imprisonment with fine of Rs. 1000/- and under Section 201/34 IPC to undergo rigorous imprisonment for three years with fine of Rs. 500/- and in default to under further RI for three months on each count.

(2.) In this case, it is not disputed that the appellants Puna Ram and Manrakhan are respectively the father and the father-in-law of deceased Kanhaiyalal.

(3.) Briefly stated, the case of the prosecution is that the appellants have confined the deceased Kanhaiyalal in the room on 17.10.2010 owing to his mental disorder by tying up his hands and feet with handcuffs as he often used to beat his wife and children on account of being mentally disordered. It is alleged that on 18.10.2010 at 04:30 AM, the appellants returned after attending call of nature and called the deceased but he did not open the room. The appellants, therefore, somehow with the aid of ladder managed to enter into his room and found the deceased hanged himself. Further prosecution story is that Puna Ram (father of deceased) with the help of Manrakhan (father-in-law of deceased) has brought down the deceased and were preparing to take him to Hospital but he has not survived.