Present: Lyall Grant J. 1928.

GUNARATNE v. SOYSA et al.

709-709A-P. C. Kalutara, 26,814.

Unlawful assembly-Common object-Offence to be specified-Penal Code, s. 138.

In a charge of being members of an unlawful assembly, the offence, which it was the common object of such unlawful assembly to commit, must be specified.

APPEAL from a conviction by the Police Magistrate of Kalutara. Rajapakse (with Wendt), for appellant.

November 15, 1928. LYALL GRANT J.-

The three accused-appellants were charged (1) with being members of an unlawful assembly whose common object was to commit an offence, (2) with voluntarily causing simple hurt to ten persons with clubs and stones, and (3) with committing mischief by damaging a bus.

All the accused were convicted and sentenced on each count. .. On appeal it was objected--(1) That the Magistrate should not  have tried this case as he had previously received a complaint from "one of the complainants against the accused, (2) that a charge of " ' Soysa being a member of an unlawful assembly whose common object was to commit an offence must specify the offence, (3) that there is no evidence against any o