[FULL BENCH.]

1915.   Present  : Wood Renton C. J. and Pereira and Ennis JJ.

THE KING v. SUPPAR et al.

56-61 D. C. (Crim.) Jaffna, 2,617.

Unlawful assembly-Common object--Voluntarily causing hurt-" Other offence "-Penal Code, s. 138.

The expression "other offence" in section 138, sub-section (3), of the Ceylon Penal Code does not mean an offence ejusdem generis with those expressly mentioned in the subsection.

An intention voluntarily to cause hurt can constitute the common object of an unlawful assembly. King v. Carupiah1[(1914) 17 N. L. R. 383.] over-ruled.

THE facts appear sufficiently from the judgment. The case was reserved for argument before a Full Bench by Pereira J.

A. St. V. Jayewardene (with him Arulanandam), for accused, appellants.-The common object set out in the indictment is causing

hurt. This is insufficient to support a conviction under section 188. The offence of causing hurt is not one ejusdem generis with those mentioned in the section. See King v. Carupiah1[(1914) 17 N. L. R. 383.]; also Tambyah's Penal Code 247 ; Tambyah's Reports, vol. VI., p. 78.

Section 138 comes under chapter VIII, which deals with offences