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Calcutta High Court
The Empress vs Halodhur Poroe And Ors. on 7 May, 1877
Equivalent citations: (1877) ILR 2 Cal 383
Author: Markby
Bench: Markby, Prinsep


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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