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Nokole Behara and ors. Vs. Emperor - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in105Ind.Cas.826
AppellantNokole Behara and ors.
RespondentEmperor
Cases ReferredManchu Puidugadu v. Kadimsetti Tammayya
Excerpt:
penal code (act xlv of 1860), section 878 - fish in ponds, whether can be subject of theft. - .....in this case (1) that it is not shown that the place where the accused fished was within the government village and (2) that fish could not be subject of theft.2. on the first point there is the definite finding that the place of fishing is within the limits of manikyapur (government) village. the evidence given by the prosecution witnesses supports that finding which is one of fact (2). as regards the second point there is the finding that the fish were in ponds and that it is by baling the water cut from the ponds that fish are caught in this case. they are confined in the ponds and could not escape from the same and go elsewhere. such fish could be the subject of theft: per miller, j, in manchu puidugadu v. kadimsetti tammayya 22 ind. cas. 429 : (1914) m.w.n. 168 : 15 cri. l.j......
Judgment:
ORDER

Ananthakrishna Aiyar, J.

1. Two points have been argued in this case (1) that it is not shown that the place where the accused fished was within the Government village and (2) that fish could not be subject of theft.

2. On the first point there is the definite finding that the place of fishing is within the limits of Manikyapur (Government) village. The evidence given by the prosecution witnesses supports that finding which is one of fact (2). As regards the second point there is the finding that the fish were in ponds and that it is by baling the water cut from the ponds that fish are caught in this case. They are confined in the ponds and could not escape from the same and go elsewhere. Such fish could be the subject of theft: Per Miller, J, in Manchu Puidugadu v. Kadimsetti Tammayya 22 Ind. Cas. 429 : (1914) M.W.N. 168 : 15 Cri. L.J. 77

2. The petition is dismissed.


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