Nabin Chandra v. State

[AIR 1961 ASS 18]

[Sarjoo Prasad CJ.,]

Killing of Rhinoceros

Indian Penal Code (Section 429) 425

 

The petitioner shot and killed rhinoceros with a gun. The Magistrate convicted the petitioner under Section 429 of I.P.C and sessions Judge upheld the Magistrate decision in an appeal.

 However the petitioner contended that the conviction under section 429 of the code cannot holds good as the section no application to the killing wild animals like rhinoceros. The court held that the wards ‘ any other animal’ in the section means animal of seems kind or class, ejusdem generis, so domestic animals and does not include wild animals. Moreover rhinoceros cannot be held as domestic animal.

Section 425 which speaks of mischief does not apply here. Where no one has any property or right in an animal. The killing of that animal does not come whin the meaning of section 425.

 The court setasided the conviction and sentence of the petitioner and ordered for refund offence