EMPEROR Vs. BHAWAN SURJI

JUDGEMENT

(1.) This is a reference made by the Additional District Magistrate, Broach and Panchmahals, recommending that the conviction of accused No. 1 of the offence of mischief under Section 429 of the Indian Penal Code be quashed, and that the fine imposed in respect of this offence be remitted.

(2.) The accused had been charged with the offences of stealing the calf of the complainant, and of committing mischief by subsequently killing it. The learned Magistrate who tried the case found that the accused stole the calf and thereafter killed it, and he convicted him of the offence of theft as well as of mischief under Secs.379 and 429 of the Indian Penal Code, and sentenced him to pay a fine of Rs. 25 for each of the offences, and in default to suffer rigorous imprisonment for a month for each offence. The other accused were convicted of the offence of assisting in the disposal of stolen property under Section 414, Indian Penal Code.

(3.) The learned Additional District Magistrate has made this reference because it has been held by this Court in Emperor V/s. Ramla Ratanji (1903) 5 Bom. L.R. 460 that a person who stole a fowl and then killed it could not be punished separately for the offence of theft as well as of mischief, and he has recommended that the conviction of accused No. 1 of the offence of mischief was therefore illegal and should be set aside.