Pandrang Row, J.

1. The petitioner in this case was convicted of a public nuisance, and sentenced Under Section 290, I.P.C., by the Stationary Sub-Magistrate of Chingleput to pay a fine of Rs. 10 and in default of payment, to undergo simple imprisonment for one week. This conviction and sentence were confirmed by the joint Magistrate of Chingleput. The alleged public nuisance was that the petitioner, a respectable man of 55 years, passed urine in a grazing ground poramboke under cover of a tamarind tree in the village of Guduvancheri to which the Towns Nuisances Act does not apply. If the view taken by the Courts below is to be accepted as correct, it would follow that the mere act of passing urine in any public place, in the sense of a place open to the public, would amount to an offence punishable Under Section 290, I.P.C. The essential ingredient of the offence is that the act must cause any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right. There is no question of obstruction or d