1943 Present: Soertsz J.

KING v. KITCHILAN et al.

56-M. C. Matara, 43,107.

Criminal Procedure-Charge against several accused for same offence-Evidence called by one accused-Applicable to all-Crown's right of reply- Criminal Procedure Code, ss. 237 (2) and 396 (2).

Where several accused are indicted for the same offence and one of them calls evidence, which is generally applicable to all, the Crown has the right of reply only against the accused on whose behalf evidence is. led.

CASE heard before Soertsz J. and a Jury at the 4th Western Circuit, 1943.

M. T. de S. Amerasekere, K.C. (with him George Samarawickreme), for first accused.

C. S. Barr Kumarakulasinghe (with him Vernon Wijetunge), for second accused.

Sri Nissanka (with him ,J. Fernandopulle), for third accused.

Sri Nissanka (with him S. N. Rajah), for fourth accused.

Siri Perera (with him P. S. W. Abeywardene),, for fifth accused.

E. H. T. Gunasekere, C.C. (with him J. A. P. Cherubim, C.C.), for the-Crown.

November 3, 1943. Soertsz J.-

The question has arisen once again in regard to the circumstances in which the Crown is entitled to the right of reply to the case for th