High CourtsDivision Bench

The Empress vs Halodhur Poroe and Others

Calcutta High Court · Decided on 7 May 1877 · Citation: (1877) ILR (Cal) 383

HON’BLE JUDGES
Prinsep, J · Markby, J
ACTS & SECTIONS REFERRED
Penal Code, 1860 (IPC) — Section 277
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Judgment

1 paragraphs · 105 words

Markby, J.—I think we must hold that this is not a case u/s 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.