1914 Present: Wood Renton C.J.

BANDA v. SADA et al,

False evidence-Summary proceeding under s. 440, Criminal Procedure Code-Trial of several witnesses en masse-May all cases of " false evidence " be dealt with under s. 440 ?

The Legislature has left the Courts free as a matter of law to deal under section 440 of the Criminal Procedure Code with any form of " false evidence " within the meaning of section 188 of the Penal Code; but the Supreme Court has the right to inquire whether this statutory power can be safely exercised in any particular case.

The fact that several witnesses speak unanimously to an alleged circumstance is no reason why they should not be summarily punished, if the Magistrate is satisfied on reasonable grounds that their evidence on the point was false.

It is not irregular to try several witnesses en masse under section 440 of the Criminal Procedure Code.

THE facts are set out in the judgment. G. Koch, for the appellant.

October 27, 1914. Wood Renton C.J.-

The complainant-appellant, the Gan-arachchi of Doratiyawa, charged a man Sada and his sister Dingiri in the Police Court of Kurunegala with having obstr