Weerasinghe V. Mohamadu Ismail

1932 Present: Macdonell C.J., Garvin S.P.J., and Dalton J.

WEERASINGHE v. MOHAMADU ISMAIL.

533-563-P. C. Puttalam, 13,443.

Affray-Two opposing factions-Joint trial-Criminal Procedure Code, s. 184, illustration (d).

Members of two opposing factions charged with affray may be tried togeher.

CASE referred by Maartensz A.J. to a Full Bench on the question whether two opposing factions charged with affray may be tried together.

Hayley, K.C. (with him Nadarajah), for sixteenth to thirty-first accused, appellants.-The first to fifteenth accused formed members of one party, and the sixteenth to thirty-first accused were members of a rival party. It is submitted that members of opposing factions should not be tried together on a charge of affray (Velaiden v. Soysa 1[14 N. L. R. 140.]; Keegal v. Mohideen 2[5 C.W. R. 162.]; Police Officer v. Dineshamy 3[21 N. L. R. 127.]). In Abeywardene v. Fernando et al. 4[27 N. L. R. 97.] Bertram C.J. doubted the correctness of this principle, but held that he was bound by it. The Divisional Bench differentiated the earlier cases, but did not overrule them, in Hewavitarne v. Appuhamy.5[30 N. L. R.

Click Here to Read the rest of this document