1935  Present: Maartensz J.

GOONESEKERE v. APPUHAMY.

 1,255-P. C. Dandagamuwa, 15,676.

Public servant-Offering obstruction to discharge of duties-Using force to prevent discharge of duty-Legality of public servant's act-Penal Code, ss. 183 and 344.

Where a public servant, who was obstructed, was not acting with lawful authority, a person who resisted him cannot be convicted under section 183 of the Penal Code of obstructing a public servant in the discharge of his public functions or under section 344 of using force with intent to prevent him from discharging his duty as public servant.

A person cannot be convicted under these sections unless the act of the public servant was strictly legal.

APPEAL from a conviction by the Police Magistrate of Dandagamuwa.

Siri Perera, for accused, appellant.

Weerasooria (with him Eric de Soysa), for complainant, respondent.

Cur. adv. vult.

March 12, 1935. MAARTENSZ J.-

This is an appeal by the first accused in this case who was convicted of (1) obstructing R. S. Goonesekere, Additional Deputy Fiscal, a public servant, in the discharge of his public functions, to wit, the execution of an order of