AIR 1952 ASSAM 123

Assam High Court

Hon'ble Judge(s): Thadani , C.J. AND Ram Labhaya , J

Penal Code (45 of 1860) , S.414— 'Property' - Meaning of. Where dedication of a bull was for a public purpose and in the name of the idol of the village temple and the Mahanta of the temple was looking after the bull with the help of the villagers, there is no justification for holding that the bull was 'fere bestia' and therefore 'res nullius.' The property in the bull remained, after the dedication, in the temple for the benefit of the villagers. It was, therefore, property which could form the subject-matter of an offence under S. 414, 11 Mad 145, Rel. on. 17 Cal 852, Disting.(Para 8)