1945 Present: Wijeyewardene J.

APPUHAMY, Appellant, and WIJESINGHE, Inspector of
Police, Respondent.

745-M. C, Gampaha, 22,648.

Punishment-Charge of causing hurt with knife-Accused, a youth-Duty: of Magistrate to consider advisability of acting under chapter 26 of the Criminal Procedure Code.

The Magistrate, while sentencing the accused, aged 19, to 3 months' rigorous imprisonment for causing hurt with knife, said, " Of late knifing has increased considerably and it is, therefore, necessary to put it down with a firm hand ". The accused's offence fell, in fact, under section 325 of the Penal Code, and not under section 315.

Held, that the Magistrate should have paid heed to the salutary principles underlying the statutory provisions made for the release of offenders on probation under chapter 26 of the Criminal Procedure-Code.

APPEAL from a conviction by the Magistrate of Gampaha.

E. B. Wikremanayake (with him H. Wanigatunge), for the accused, appellant.

E. H. T. Gunasekere, CC., for the Crown, respondent.

Cut. adv. vult.

February 9, 1945. WIJEYEWARDENE J.-

The accused was convicted on charges of causing hurt to one Jamis and committ