The King V. Sayaneris Et Al.,

1937   Present: Hearne J.

THE KING v. SAYANERIS et al.

 55-59-D. C. (Crim.), Galle, 15,691.
 

Unlawful assembly-Conviction of rioting and causing hurt and grievous hurt- Alteration of conviction by Supreme Court-Penal Code, ss. 32, 146, 315, and 317.

Where an accused person is convicted of rioting and causing hurt and causing grievous hurt under sections 315 and 317 of the Penal Code read with section 146, the conviction may be altered by the Supreme Court in appeal to a conviction of causing hurt and grievous hurt under the sections 315 and 317 read with section 32 of the Penal Code.

APPEAL from a conviction by the District Judge of Galle.

Rajapakse, for accused, appellants. Pulle, C.C., for Crown, respondent. September 6,1937. HEARNE J.-

The appellants, five in number, were convicted of rioting and of causing grievous hurt and simple hurt. The latter convictions were under sections 317 and 315 of the Ceylon Penal Code read with section 146.

The appellant Bettagoda Radage James alias Jamia put forward the defence of an alibi, gave evidence in support of this defence and called a witness. But their evidence was not examined by

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