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Misri Gope Vs. Abdul Latif - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in18Ind.Cas.884
AppellantMisri Gope
RespondentAbdul Latif
Excerpt:
prevention of cruelty to animals act (xi of 1890), section 3 - offence committed in place which could be witnessed by persons from lane--'piri' dye, preparation of, from cow's urine. - 1. this is a rule on the district magistrate to show cause why the conviction and sentence should not be set aside, on the ground that the cruelty alleged did not take place in the street or place referred to in section 3 of the prevention of cruelty to animals act (xi of 1890) so as to bring the petitioner within the purview of that section.2. it appears that the petitioner tortured his cows by depriving them of water, and that these cows were tied up where the sufferings of the unfortunate animals could be witnessed by persons from the lane.3. in our opinion, it is clear that the offence comes within the act, and we see no reason to interfere.4. the rule is accordingly discharged. this order will also govern revision cases nos. 1450 to 1456 of 1912.
Judgment:

1. This is a Rule on the District Magistrate to show cause why the conviction and sentence should not be set aside, on the ground that the cruelty alleged did not take place in the street or place referred to in Section 3 of the Prevention of Cruelty to Animals Act (XI of 1890) so as to bring the petitioner within the purview of that section.

2. It appears that the petitioner tortured his cows by depriving them of water, and that these cows were tied up where the sufferings of the unfortunate animals could be witnessed by persons from the lane.

3. In our opinion, it is clear that the offence comes within the Act, and we see no reason to interfere.

4. The Rule is accordingly discharged. This order will also govern Revision Cases Nos. 1450 to 1456 of 1912.


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