1914 Present: De Sampayo A. J.

MADAWELA v. RAWTHER

Cruelty to animals-Keeping a dugong alive for sale without feeding it- Starvation-Animal.

A dugong is an " animal " within the meaning of the Prevention of Cruelty to Animals Ordinance, 1907.

A fishmonger who kept a dugong alive till sale without feeding it was held not to have been guilty of cruelty under section 4 (c) of the Ordinance.

THE facts are set out in the Ordinance.

A. St. V. Jayewardene, for accused, appellant.

W. S. de Saram, C. C., for complainant, respondent.

March 6, 1914. De Sampayo A. J. -

This is a prosecution under the Prevention of Cruelty to Animals Ordinance, 1907, wherein the accused was charged (1) under section 4 (c) with having exposed and had in his possession for sale a live dugong, which was suffering pain by reason of mutilation and starvation; and (2) under section 5 with having killed the dugong in an unnecessarily cruel manner. The cruel manner of killing referred to is by driving pegs into the nostrils and cutting the neck. It appears, however, that this was the usual and the only known method of killing a dugong