[IN REVISION.]

1938 Present: Poyser J.

DON HARRY v. BETTO HAMY

P. C. Balapitiya, 32,739.

Criminal Procedure Code-Case compounded-Accused entitled to be acquitted -Criminal Procedure Code, s. 290.

Where a criminal case is compounded, the accused are entitled to be acquitted in terms of section 290 (5) of the Criminal Procedure Code.

APPEAL from an order of the Police Magistrate of Balapitiya.

L. A. Rajapakse (with him V. F. Gunaratne), for the petitioners.

R. L. Pereira, K. C. (with him A. P. de Zoysa), for the respondent.

Cur. adv. vult.

December 1, 1938. POYSER S. P. J. -

In this case the petitioners were charged in the Police Court with offences under sections 434 and 486 of the Penal Code. Evidence was led in support of the charges and summons was directed to be served on the accused for them to appear on March 19, 1938. In fact they appeared before the Magistrate on March 26 and, when charged, pleaded not guilty. The trial was fixed for March 31. On that the Magistrate records as follows:-"This case is compounded. The complainants will transfer their interests to this house and land as per deed 28785 by C. A. Jayatillaka,