1928 Present: Garvin J.

MENDIS v. HUNUCUMBURA

878-P. C. Kurunegala, 3,599.

Cruelty to animal-Shooting a trespassing cow-Unnecessary pain-Ordinance No. 13 of 1907, s. 4 (1) (b).

Where a person shot at a trespassing cow and injured it,-

Held that he was guilty of causing unnecessary pain to an animal within the meaning of section 4 (1) (6) of the Ordinance for the Prevention of Cruelty to Animals.

APPEAL from a conviction by the Police Magistrate of Kurunegala,

H. V. Perera, for accused, appellant.

February 24, 1928. GARVIN J.-

The facts material to the decision of the point raised by this appeal are simple and well ascertained. The accused saw his neighbor's cow trespassing on his land. He might easily have driven the animal away. Instead of doing so he fired a shot and injured it in the knee. The animal made away and was later found lying injured on its owner's land. The defence, which the Magistrate has rejected, was a denial by the accused that he shot at the cow as alleged.

The accused was in those circumstances convicted under section 4 (1) (b) of the Prevention of Cruelty to Animals Ordinance, No. 13 of 1907. The case cannot b