BASTIAN SILVA v. APPUHAMY.

BASTIAN SILVA v. APPUHAMY.

P. C., Hatton, 29,830.

Serious wound-Circumstances showing intention of accused-Attempt to murder-Criminal Procedure Code, s. 152-Summary trial.

Where a person, after abusing another and tearing out some of his hair, followed him for some distance as he was going towards the court-house and deliberately stabbed him in the back, causing a wound 21 inches deep and 4 inches long, and then stabbed three other persons who attempted to arrest him-Held, this was not a case to be summarily dealt with by the Police Magistrate, as the circumstances showed a murderous intention and were consistent with an attempt to murder, though the wound did not prove dangerous to life.

It is not the nature of the wound, but the intention of the accused, which is decisive as to the nature of the crime committed.

THE accused in this case was brought up before the Police Court of Gampola, together with a report signed by a police sergeant, in which the accused was alleged to have voluntarily caused grievous hurt to the complainant Bastian Silva and three others.

The Police Magistrate read the particulars of the charge to the accused, took his statement, and remanded him to be produced at Hatton.

At Hatton the Police Magistrate recorded the evidence of the medical officer, which was as follows: -

" Bastian Silva had a wound on the right side of his back with clean cut edges, 4 inches long, situated below the right shoulder " blade, directed obliquely from below upwards and outwards. At its commencement the wound was 21/2 inches deep in a direction " obliquely upwards and inwards towards the cavity of the chest there were no signs of penetration of the chest, and no injury to the lungs, &c.

Upon this medical evidence the Police Magistrate was of opinion that the case was triable summarily, and informed the accused that he was on his trial. After evidence heard and considered, the Police Magistrate convicted the accused.

On appeal, Van Langenberg and Bawa appeared for the accused.

Bonser, C.J.-

In this case the appellant was convicted of having caused hurt by a knife to one Bastian Silva, and was sentenced to undergo three months' rigorous imprisonment and to receive fifteen lashes. He was also convicted of having at the same time and place wounded with a knife three other persons who tried to arrest him

after he had wounded Bastion Silva, and he was sentenced to a further period of three months' rigorous imprisonment in respect of each case.

The prisoner was brought up by a police sergeant before the Magistrate charged with having voluntarily caused grievous hurt. I notice that the Magistrate did not observe the provisions of the Code by examining at once the person "who brought him up: The accused was remanded for the attendance of the medical officer, who, when he was called, stated the nature of the injuries on Bastian Silva and the three other wounded men. He describes the wound on Bastian Silva in these words:-" He had a wound " on the right side of his back with clean cut edges, 4 inches long, " situated below the right shoulder blade directed obliquely from " below upwards and outwards. At its commencement the wound " was 21/2 inches deep in a direction obliquely upwards and " inwards towards the cavity of the chest. The rest of the wound " was superficial and tailing off at the upper and outer extremities. " There were no signs of penetration of chest, and no injuries to " lungs. The coat worn by Bastian Silva had a cut corresponding " to the wound on the body. The injury would have been caused "by a sharp cutting instrument. It did not endanger life." From the description of that wound it appears that it was a very serious wound. A stab on the buck, 21/2 inches deep, is a very serious thing, and it must have been more by good luck than by design that the wound did not- endanger life. The Magistrate thereupon records: '' On the medical evidence I find tha

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