QUEEN v. PIANERIS el al.

QUEEN v. PIANERIS el al.

D. C., Kalutara, 572.

 

Counter criminal cases-Duly of Judge to hear each case in full and give judgment upon evidence called-Criminal Procedure Code, s. 352- Ordinance No, 1 of 1888, s. 16-Necessity of calling upon accused to explain points made against him.

Where there are counter cases between the same parties, it is the duty of the Judge to hear each case in full and give judgment upon the evidence called therein for the prosecution and defence, without deferring judgment until he had heard the counter case.

It would be irregular to import into one case the knowledge which he may have obtained from another case.

The record must show that each of the accused was clearly informed of his right to make a statement under section 352 of the Procedure Code, and they ought to be asked to explain any points made against them, as required by Ordinance No. 1 of 1888, section 18.

SIX accused persons were indicted, some under section 317 of the Penal Code for voluntarily causing grievous hurt by means of an instrument for cutting, some under section 316 for

voluntarily earning grievous hurt, and some under secti

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