1945 Present: Howard C.J.

SUBASINGHE, Appellant, and MUTTIAH, Respondent.

735-M.C. Negombo, 40,776.

Insult-Ingredients of offence-Penal Code, s. 484.

In order to constitute an offence under section 484 of the Penal Code it must be proved that (a) the insult was intentional, (b) was of a provocative character likely to produce a breach of the peace, (c) the accused knew that his words were likely to produce that result.

APPEAL from a conviction by the Magistrate of Negombo.

S. Nadesan (with him N. Nadarasa), for the accused, appellant.

T. S. Fernando, C.C., for the Attorney-General.

January 30, 1945. HOWARD C.J.-

The appellant appeals from his conviction on a charge under section 484 of the Penal Code that he did insult Mr. A. P. Wickremasooriya, Station Master, Negombo Railway Station, by using the following words,-

'' I will take off your uniform and teach you a good lesson ''; and thereby gave provocation to the said Mr. A. P. Wickremasooriya intending that such provocation will cause the said Mr. A. P. Wickremasooriya to break the public peace or to commit any other offence. The appellant on the day in question went to the railw