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Vellai Gownden Vs. Emperor - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported in2Ind.Cas.424
AppellantVellai Gownden
RespondentEmperor
Excerpt:
penal code (act xlv of 1860) section 290 - public nuisance--obstruction caused by acts of third parties in accused's land--offence. - - i fail to understand how the lower appellate court could have held the accused responsible under section 290, indian penal code, for causing a public nuisance, even if what happened did amount to a nuisance when it was not he that did the act complained of.orderabdur rahim, j.1. upon the facts found by the appellate magistrate the conviction of the accused under section 290, indian penal code, cannot obviously be supported. some persons diverted the water of a stream into the land of the accused with the result that a certain path was obstructed. i fail to understand how the lower appellate court could have held the accused responsible under section 290, indian penal code, for causing a public nuisance, even if what happened did amount to a nuisance when it was not he that did the act complained of. the conviction is, therefore, set aside and the fine, if paid, is to be refunded.
Judgment:
ORDER

Abdur Rahim, J.

1. Upon the facts found by the Appellate Magistrate the conviction of the accused under Section 290, Indian Penal Code, cannot obviously be supported. Some persons diverted the water of a stream into the land of the accused with the result that a certain path was obstructed. I fail to understand how the lower appellate Court could have held the accused responsible under Section 290, Indian Penal Code, for causing a public nuisance, even if what happened did amount to a nuisance when it was not he that did the act complained of. The conviction is, therefore, set aside and the fine, if paid, is to be refunded.


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