Present: Fisher C.J., Drieberg J., and Jayewardene A ,J.

HEWAVITARNE v. APPUHAMY.

229- P. C. Badvlla, 1,367.

    Affray-Persons charged together-Legality-Criminal Procedure Code.

Two persons who are charged with committing an affray may be tried together in the same proceedings.

CASE referred by Jayewardene A. J. to a Bench of three Judges on the question whether two persons who are charged with committing an affray may be tried together.

Garvin, for appellant.-Two opposing factions cannot be charged together in the same proceedings. Illustration (d) of section 184 of the Criminal Procedure Code supports this view.

It has been held in numerous decisions of the Supreme Court that it is a fatal irregularity to charge members of opposing factions in the same proceedings. The reason being that a conflict of defences may result if such procedure is adopted. Opposing factions have conflicting interests. (Velaiden v. Zoysa1[1 (1910) 14 N. L. R. 140.]; Keegal v. Mohideen2[ 2 5C.W. R. 162.])

An affray is only created by two factions, and it requires two or more persons to create a faction. (.Police Officer v. Dineshamy3[3 21N.L R. 127.])