Police Sergeant Lindula V. Stewart

1923. Present: Jayewardene A.J.

POLICE SERGEANT, LINDULA, v. STEWART.

461-P. C. Nuwara Eliya, 6,802.

Vehicles Ordinance, 1916, ss. 32 and 48-Section 48 deals with six separate offences-Separate charges for each offence-Conviction for one offence and charge for another-Criminal Procedure Code, ss. 17 8 and 425.

The charge against the accused was that he did " rashly and negligently drive his motor car-in a manner which was likely to endanger human life, and damaged the motor car belonging to S in breach of section 32 of Ordinance No 4 of 1916," and thereby committed an offence punishable under section 48 of Ordinance No. 4 of 1916. The Magistrate in his judgment did not convict the accused of the offence with which he was charged, but of having driven his car " unreasonably fast in view of the dangerous nature of the corner, the surface of the road, and the possibility of meeting motor traffic at the spot," and found him guilty under section 48.

Held, that the charge was bad: (a) The offence under the section is to drive " recklessly " and not " rashly " ; (6) driving negligently is an offence, and driving in a manner whi

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