Dionis Et Al. V. Piyoris Appu Et Al.,

1942 Present: Hearne J.

DIONIS et al. v. PIYORIS APPU et al.

761-7-M. C. Tangalla, 14,125.

Criminal Procedure-Non-summary case-Evidence recorded in presence of the accused-Accused not permitted to cross-examine-Case Vied summarily-Evidence read over to accused at trial-Fatal irregularity Criminal Procedure Code, s. 151 (2).

Where, in non-summary proceedings, evidence was recorded under section 151 (2) of the Criminal Procedure Code in the presence of the accused who was not permitted to cross-examine the witnesses and where the Magistrate thereafter decided to try the case summarily as District Judge

Held, that the evidence of the witnesses could not be imported into the trial by merely reading it over to them and that the irregularity was fatal to the conviction.

APPEAL from a conviction by the Magistrate of Tangalla.

H. V. Perera, K.C. (with him S. R. Wijayatilake), for accused, appellants.

H. W. R. Weerasooriya, C.C. (for Crown), respondents.

Cur. adv. vult.

March 23, 1942. HEARNE .J

On June 21, 1941, the Police made a report to the Magistrate under sections 121 (2) and 131 of the Criminal Procedure Code and produ

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