ABDUL CADER v. FERNANDO.

Causing hurt voluntarily with knife-Amendment of charge after evidence heard-Charge of grievous hurt-Summary trial of accused by Magistrate, in his capacity as District Judge-Criminal Procedure Code, s. 163--Irregularity.

An accused being charged with causing hurt with a knife under section 31S of the Penal Code, witnesses were examined and the case postponed. Some days afterwards the wound being found to be of a grievous nature, the charge was altered to one under section 317, and the accused was informed by the Magistrate that he would be tried by him as District Judge. The accused pleaded not guilty, and the witnesses were recalled and tendered for cross-examination. The case was then adjourned for want of time. On a subsequent day, the accused objected to the summary trial, but the Magistrate proceeded with the case. The accused cross-examined the witnesses.

Held, on appeal against a conviction, that as the amendment of the charge was not made too late, nor the accused prejudiced, the objection to the proceedings should not succeed.

THE accused in this case was charged with causing hurt