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IN THE HIGH COURT OF MARAS
Spencer, J.
In Re: Kuttiath Odayoth Veetil
Versus
Unknown
Decided On : 22 April, 1915
Theft - Trees - Interpretation of Section 378, Indian Penal Code
Fact of the Case:
The accused cut trees to annoy a person and get the better of him.
Finding of the Court:
The conviction for theft is set aside, but the conviction for mischief stands. The sentence is reduced to the imprisonment already undergone and fines of Rs. 10 each.
Issues: Interpretation of Section 378, Indian Penal Code
Ratio Decidendi: The offence of theft is complete as soon as the tree is severed with the intention of dishonestly taking it out of the possession of the person in possession.
Final Decision: Conviction for theft set aside, conviction for mischief stands, and the sentence is reduced with fines imposed.
Spencer, J.
1. The illustration (a) to Section 378, Indian Penal Code, shows that if a tree is cut with the intention of dishonestly taking it out of the possession of the person in possession, the offence of theft is complete as soon as the tree is severed in order to such taking.
2. Here the Appellate Court found that the accused cut the trees "to annoy P.W. No. 1 and to get the better of him." The conviction for theft is accordingly set aside. That for mischief will stand.
3. The sentence is reduced to the amount of rigorous imprisonment already undergone by the accused and to fines of Rs. 10 each and in default of payment to three weeks rigorous imprisonment. The order to pay Rs. 20 as compensation to complainant out of the fines, if collected, will stand.
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