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Emperor Vs. Beni - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported inAIR1914All363(1); 25Ind.Cas.352
AppellantEmperor
RespondentBeni
Excerpt:
penal code (act xlv of 1860), section 290 - skinning an animal which died natural death--public nuisance. - piggott, j.1. this is a reference by the sessions judge of shahjahanpur asking this court to interfere in the case of one beni who, as the explanation of the magistrate concerned now makes it clear, has been convicted of committing a public nuisance under section 290 of the indian penal code and sentenced to a fine of rs. 20. the only facts found are that the said beni skinned an animal which had died a natural death. in the absence of any further evidence i am not prepared to accept it as a sound principle of law that this act in itself constitutes a public nuisance. i set aside the conviction and sentence in this case, acquit beni of the offence charged and direct that the fine, if paid, be refunded.
Judgment:

Piggott, J.

1. This is a reference by the Sessions Judge of Shahjahanpur asking this Court to interfere in the case of one Beni who, as the explanation of the Magistrate concerned now makes it clear, has been convicted of committing a public nuisance under Section 290 of the Indian Penal Code and sentenced to a fine of Rs. 20. The only facts found are that the said Beni skinned an animal which had died a natural death. In the absence of any further evidence I am not prepared to accept it as a sound principle of law that this act in itself constitutes a public nuisance. I set aside the conviction and sentence in this case, acquit Beni of the offence charged and direct that the fine, if paid, be refunded.


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