Premawardene V. Siriwardene Et Al.,

Present: Lyall Grant J.

PREMAWARDENE v. SIRIWARDENE et al.

344-344 A-P. C. Balapitiya, 10,276.

    Charge-Accused charged with criminal force, assault, criminal intimidation-Convicted of insult-Criminal Procedure Code, s. 181.

 A person charged with having committed the offences of wrongful restraint, criminal force, criminal intimidation, and misconduct in public under sections 332, 343, 486, and 4S8, respectively, of the Penal Code cannot be convicted of insult under section 484 of the Penal Code without a specific charge being framed against him under the section.

APPEAL from a conviction by the Police Magistrate of Balapitiya. The two accused were charged with having wrongfully obstructed the complainant from proceeding in his bus and threatened to strike the complainant and thereby committing offences punishable under sections 332, 343, 486, and 488 of the Penal Code. The Magistrate, however, convicted the first accused of insult with intent to provoke a breach of the peace under section 484, and the second accused under sections 484 and 486.

De Zoysa, K. C. (with Amarasekera), for first accused, appellant.- The a

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