1923.   Present: Jayewardene A.J.

BANDA v. ANDRE APPU et al.

 556-P. C . Colombo, 993/C.

Theft-Workmen engaged in soldering found soon after close of work with rods of soldering lead-Presumption of theft-Evidence Ordinance, s. 114.

Two workmen employed at the Railway workshop were found in the evening with sixteen rods of soldering lead in their waist about 100 fathoms from the workshop soon after the workshop was closed. Rods of lead like those found on them were used in the workshop, and the accused were engaged in soldering and doing other work with such lead. Owing to the large quantity of lead used at the workshop, it was not possible to say that the pieces found on the accused were missed by the Railway authorities, and no one identified the lead as lead belonging to the Railway. .

Held, that the accused were rightly called upon to account for their possession of the lead, and that in the circumstances they were rightly convicted,

THE facts appear from the judgment.

J. S. Jayawardene, for the accused, appellants.

October 3, 1923. JAYEWARDENE A.J.-

In this case two workmen employed at the Ceylon Government . Railway works