Wiratunga V. Gabo Sinno Et Al.,

Sept.15,1911    Present: Grenier J.

WIRATUNGA v. GABO SINNO et al.

576-P. C. Kurunegala, 270.

" Rabana "-Is it a drum ?-Beating of" rabana " in a manner calculated to disturb the repose of the inhabitants-Ordinance No. 16 of 1865, s. 90.

A " rabana " comes under the description of a drum, and the beating of a " rabana " at night in such a way as to disturb the repose of the inhabitants is an offence under section 90 of Ordinance No. 16 of 1865.

APPEAL from an acquittal, with the sanction of the Attorney-General.

The facts appear sufficiently from the following judgment delivered by the learned Police Magistrate (W. A. Weerakoon, Esq.):-

Accused in this case played a " rabana " in their house at night on their New Year Day. Mr. Wiratunga, a neighbour, appears to have got annoyed at this and set the police in motion, and the result is the present prosecution.

Mr. Modder, for complainant, urges that the " rabana " is a drum, and the playing of it, if done without a license, is an offence punishable under section 90 of the Police Ordinance.

Mr. Tennekoon, for accused, contends that the " rabana " is not a drum within the meaning of t

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