1930

Present: Akbar J.

LUCY HAMY v. RODRIGO.

778-P. C. Colombo, 16,590.

Insult-Order to keep the peace-Irregular- Penal Code, s. 484.

Where a person is convited of insult under section 484 of the Penal Code, no order to keep the peace can be made against him under section 80 (1) of the Criminal Procedure Code.

APPEAL from a conviction by the Police Magistrate of Colombo.

Aelian Pereira, for accused, appellant.

December 11, 1930. AKBAR J.-

This accused was charged on July 19, 1930, with having abused a woman, the complainant in this case, on July 17 in filthy language. She stated in evidence that she was so abused in the presence of Mr. Weinman, the Sub-Inspector of Police, and Sergeant Nair. She filed a list of witnesses on July 30, 1930, giving the names of these two Police Officers and also another witness, one Bartholomeusz. On September 8 an additional list of witnesses was filed giving the name of Norman Oorloff.

The learned Additional Police Magistrate (Mr. R. Y. Daniel) convicted the accused and sentenced him to pay a fine of Rs. 25 or in default one month's rigorous imprisonment, and he also bound him over to keep the peace fo