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The Empress Vs. Halodhur Poroe and ors. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Judge
Reported in(1877)ILR2Cal383
AppellantThe Empress
RespondentHalodhur Poroe and ors.
Excerpt:
penal code, section 277 - public spring reservoir. - markby, j.1. i think we must hold that this is not a case under section 277 of the indian penal code. the water which is said to have been fouled was certainly not the water of a reservoir, nor, in my opinion, was it the water of a 'public spring.' the judgment of the magistrate shows that it was the water of the river nobogunga. i do not think by the use of the words 'the water of any public spring' the legislature intended to include the water of a river. on that ground we quash the order and direct the fine, it paid, to be refunded.
Judgment:

Markby, J.

1. I think we must hold that this is not a case under Section 277 of the Indian Penal Code. The water which is said to have been fouled was certainly not the water of a reservoir, nor, in my opinion, was it the water of a 'public spring.' The judgment of the Magistrate shows that it was the water of the river Nobogunga. I do not think by the use of the words 'the water of any public spring' the Legislature intended to include the water of a river. On that ground we quash the order and direct the fine, it paid, to be refunded.


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