Queen-Empress vs Nihal

Straight, J.—The case, decided by me, of Queen-Empress v. Bandhu. I. L. R All 51 was determined after very full and careful discussion and prolonged consideration. Munshi Kashi Prasad in that case was good enough to lay before me all the information that was obtainable in reference to the practice and procedure among the Hindus in the matter of dedication or setting loose these bulls upon the death of a relative, and from that information it was placed beyond doubt that, as understood among men of that religion, the person letting loose the animal, by the act of so doing, surrendered and abandoned all proprietary rights therein. My brother Brodhurst in the case of Queen-Empress v. Jamura 1884 WN 87 obviously adopted this view, which I hold to correctly represent the real condition of things. This being the case, I am not disposed in any shape to depart from my ruling referred to by me, or to modify the opinion I then expressed. This application for revision, therefore, must be allowed, upon the ground that there was no property capable of being made the subject of dishonest receipt or possession within the meaning of Section 411 of the Indian Penal Code, and, acquitting; the petitioner, I direct that he be released.