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Queen-empress Vs. Shaik Raju - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtMumbai
Decided On
Judge
Reported in(1885)ILR9Bom173
AppellantQueen-empress
RespondentShaik Raju
Excerpt:
mischief - penal code act xlv of 1860, section 426--cattle trespass act i of 1871, section 10--cattle causing damage to crop--liability of owner. - west, j.1. in this case there is not evidence or a finding that shaik raju wilfully turned the cow into the enclosure, and so caused it to destroy the crop. some wilful conduct of such a kind is necessary to constitute an offence under section 426 of the indian penal code. for the minor offence of negligence in guarding an animal which strays into the ground of a person not its owner, provision is made by the cattle trespass act i of 1871, section 10. the court reverses the conviction and sentence, leaving the accused to be proceeded with, if thought fit, under the act last named.
Judgment:

West, J.

1. In this case there is not evidence or a finding that Shaik Raju wilfully turned the cow into the enclosure, and so caused it to destroy the crop. Some wilful conduct of such a kind is necessary to constitute an offence under Section 426 of the Indian Penal Code. For the minor offence of negligence in guarding an animal which strays into the ground of a person not its owner, provision is made by the Cattle Trespass Act I of 1871, Section 10. The Court reverses the conviction and sentence, leaving the accused to be proceeded with, if thought fit, under the Act last named.


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