1933 Present: Dalton J.

FERNANDO v. SILVA.

858-P. C. Kalutara, 9,912.

Accused-Trial in Police Court-Evidence by accused-Power of Court to recall accused-Criminal Procedure Code, s. 429.

Where, at a summary trial in the Police Court, the accused gives evidence, the Court has the right to recall him under the powers given to it by section 429 of the Criminal Procedure Code.

APPEAL from a conviction by the Police Magistrate of Kalutara.

Colvin R. de Silva (with him T. S. Fernando), for accused, appellant.

Peter de Silva (with him V. R. de S. Gunasekera), for plaintiff, respondent.

December 18, 1933. DALTON J.-

The appellant has been convicted on a charge of using a pair of bullocks in a double bullock cart when they were unfit to be so used on account of lameness, emaciation, and injuries to their legs. He was sentenced to pay a fine of Rs. 40 or in default to two months' rigorous imprisonment.

The evidence shows that the accused is the employee of a Public Works Overseer at Nagoda, the latter being the owner of the bulls. There is ample evidence that he was using the bulls, as set out in the charge, on the day in question for the purpos