REX v. RAHIMAN et al.

Present : Mr. Justice Wendt and Mr. Justice Grenier.

REX v. RAHIMAN et al.

P. C., Mannar, 2,705.

Deposition as witness-Proof of deposition-Admissibility on trail of witness for the same offence-Confession-Evidence Ordinance, s. 132-Criminal Procedure Code, ss. 155, 298, and 302.

M L was examined as a witness in a case in which one A R was charged with certain offences, and gave evidence implicating himself and A R. Subsequently, M L was made an accused in the same case and the deposition made by him as a witness was read in evidence at Us trial.

Held, that the deposition was rightly admitted in evidence under section 132 of the Evidence Ordinance.

Held, also, that it was unnecessary to call the Police Magistrate to prove the deposition.

CROWN CASE RESERVED.

THE case stated by WOOD RENTON J., for the consideration of the Court was as follows: -

1. "At the Colombo Criminal Sessions, held before me on 17th instant, two men, Abdul Rahiman and Mira Lebbe, with three others whose names are immaterial, were tried on charges of criminal trespass, robbery, voluntary infliction of hurt, and-as an alter native to the charge of robbery-abetmen

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