1931  Present: Macdonell C.J.

FERNANDO v. WICKREMESINGHE.

409-P. C. Colombo, 2,647.

Obstructing a public servant-Inciting others by words to obstruct-Overt act- Penal Code, s. 183.

Where the accused by words incited others to obstruct a police officer empowered to execute an order under section 114 of the Criminal Procedure Code,-

Held, that he was guilty of voluntarily obstructing a public servant in the discharge of his functions.

APPEAL from a conviction by the Police Magistrate of Colombo.

N. E. Weerasooria, tot accused, appellant.

August 31, 1931. MACDONELL C.J.-

In this case the accused was charged under section 183 of the Ceylon Penal Code with voluntarily obstructing a public servant, namely, , a Superintendent of Police, in the discharge of his public functions, was convicted and fined, and brings an appeal from that conviction. The facts were that a Police Magistrate had issued an order under section 114 of the Criminal Procedure Code prohibiting the picketing of a certain newspaper office in Colombo. No exception is taken to that order which need not therefore be set out. The evidence as to obstruction was as fol