Present: Wood Renton J.   July 27, 1910

FRASER v. SINNAIYA.

420, P. C., Matale, 34,850.

Insult-Affirmative evidence to prove that insult caused actual provocation not necessary-Penal Cods, s. 484.

In a prosecution under section 484 of the Penal Code it is not necessary for a conviction that there should be affirmative evidence to the effect that the insult caused actual provocation. It is sufficient, if the insult is clearly of a provocative character,-of a character likely to produce a breach of the public peace on the part of the person towards whom it is directed,-and if the Court is satisfied from all the circumstances of the case that the accused must have intended to produce, or must have known that he would produce, that result.

THE accused, a cooly, excited by the refusal of the respondent to give him and other coolies their discharge, made use of insulting language towards the respondent, and stepped out in front of the other coolies and, showing him a stick which he held

in his hand, said: "If you come to the estate, I will break your head." He was charged under section 484, Penal Code, and was sentenced to six weeks rigorous impr