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Emperor Vs. Malu Hiru Bagara - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtMumbai
Decided On
Case Number Criminal Appeal No. 36 of 1910
Judge
Reported in(1910)12BOMLR520
AppellantEmperor
RespondentMalu Hiru Bagara
Excerpt:
indian forest act (vii of 1878), section 25, clause (i)-hunt-interpretation.;the accused was sitting in a reserved forest in a pooja, or a specially prepared screen devised for hunting, and had by his side a loaded gun. he was sitting there with the intention of hunting. upon these facts he was proceeded against under section 25, class. (i) of the indian forest act 1878, for hunting in a reserved forest without a license :-; that the accused was hunting within the meaning of section 25, class. (i) of the indian forest act, 1878.; the word ' hunt ' is used intransitively in section 25, class. (i) of the indian forest act, 1878. - 1. we think that this appeal must be allowed.2. the facts stated are that the accused was sitting in a bhoja or a specially prepared screen devised for hunting and had by his side a loaded gun, and that he was so sitting there with the intention of hunting.3. upon those facts we have no doubt that the accused was hunting within the meaning of section 25, clause (i) of the indian forest act where the word 'hunt' is used intransitively and in that use the meaning ascribed to it in murray's dictionary is to go in pursuit of wild animals, to engage in the chase.' a similar interpretation is adopted in webster's dictionary, and it appears to us that in the ordinary use of the english language the accused on the facts before us was hunting.4. we, therefore, set aside the acquittal and convict.....
Judgment:

1. We think that this appeal must be allowed.

2. The facts stated are that the accused was sitting in a Bhoja or a specially prepared screen devised for hunting and had by his side a loaded gun, and that he was so sitting there with the intention of hunting.

3. Upon those facts we have no doubt that the accused was hunting within the meaning of Section 25, Clause (i) of the Indian Forest Act where the word 'hunt' is used intransitively and in that use the meaning ascribed to it in Murray's Dictionary is to go in pursuit of wild animals, to engage in the chase.' A similar interpretation is adopted in Webster's Dictionary, and it appears to us that in the ordinary use of the English language the accused on the facts before us was hunting.

4. We, therefore, set aside the acquittal and convict the accused and as this appears to be a test case in which Government have given no instructions as to the sentence, we impose a penalty of Rs. 10. In default of payment of fine the accused to be kept to simple imprisonment for seven days.


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