VELLAI GOWNDEN Vs. EMPEROR

JUDGEMENT

(1.) UPON the facts found by the Appellate Magistrate the conviction of the accused under Section 290, Indian Penal Code, cannot obviously be supported. Some persons diverted the water of a stream into the land of the accused with the result that a certain path was obstructed. I fail to understand how the lower appellate Court could have held the accused responsible under Section 290, Indian Penal Code, for causing a public nuisance, even if what happened did amount to a nuisance when it was not he that did the act complained of. The conviction is, therefore, set aside and the fine, if paid, is to be refunded.