Present  : Wood Renton C.J.   1915.

THE KING v. PERERA et al.

53 and 54-D.C. (Crim.) Kalutara, 2,814.

Witnesses named on the back of the indictment-Should the Crown call all the witnesses so named ? - Right of accused to cross-examine witnesses not called by the Crown.

In a criminal prosecution the Crown should as an ordinary rule call the attention of the Court and of counsel for the accused to the fact that it does not propose to call certain witnesses as its own, should state the reason why this is considered undesirable, and should tender the witnesses in question to the accused for cross-examination. It is equally desirable that counsel for the accused should actively watch the proceedings of the Crown in this matter, and should ask that any witness whom the Crown does not propose to examine should be called, if he requires the evidence of that witness for any purpose. The Courts of first instance should enter as matter of record everything that has taken place in this connection.

THE accused in this case was convicted in the District Court of Kalutara of having caused grievous hurt to a girl Baba Nona and hurt to her mother Me