SIYADORIS v. GUNAWARDENA et al.

SIYADORIS v. GUNAWARDENA et al.

P. C., Galle, No. 18,082.'

 

Criminal procedure-Inquiry into complaint for offences beyond and within summary jurisdiction of Magistrate-Procedure to be followed.

When a Magistrate is inquiring into a complaint containing offences both beyond and within his summary jurisdiction, and, - after evidence is recorded, comes to the conclusion that the offence beyond his jurisdiction is not made out, he should discharge the accused from the graver offence and formally record that discharge before calling on him to answer to a charge of the offence within his jurisdiction and proceeding to the trial of that charge.

THE complainant, in his plaint, charged the accused with unlawful assembly and riot, and further charged the third and fourteenth accused with theft of a panda boat of the value of Rs. 150. The magistrate took evidence, framed a charge under section 140 of the Ceylon Penal Code against all the accused for being members of an unlawful assembly, and convicted them of that offence. The accused appealed.

Dornhorst, for appellants.

Jayewardene, for respondent.

11th October, 1895. Bonser, C.J.-

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