MEEDIN v. KIMHATANA et al.

Ceylon Penal Code, s. 67-Offence made up of part.*, each being itself an offence-Conviction of accused of such offence.

A breaks into a dwelling house at night and steals some property therefrom. His conviction both of house-breaking by night, in order to the commission of an offence punishable with imprisonment and of theft from a building used as a human dwelling would be obnoxious to section 67* of the Ceylon Penal Code.

IN this case the accused, two in number, were charged (I) with house-breaking by night in order to the committing of an offence punishable with imprisonment-to wit, theft, an offence punishable under section 443 of the Ceylon Penal Code; and (2) with theft from a building used as a human dwelling, an offence punishable under section 369 of the Ceylon Penal Code. The. evidence showed that in the night of the 18th April, 1896, the accused broke into the house of one Mohidin and stole there from certain crockery, a teapot, a knife, and a bag containing 2,000 are canuts. The District Judge convicted the accused of both the offences with which they were cha