1946 Present: Nagalingam A. J.

THE KING v. BEYALSINGHO et al.

S. C. No. 117 (3rd Western Circuit) - M. C. Chilaw, 25, 756.

Witness - Non summary inquiry - Evidence recorded in absence of absconding accused-Competency of the witness to testify at the trial of the accused - Criminal procedure Code, ss. 297, 407.

The evidence of a witness whose deposition at a non-summary inquiry was recorded in the absence of an absconding accused in term of section 407 of the Criminal Procedure Code need not be recorded de novo but by virtue of section 297 of the Code it would be sufficient if the evidence so recorded is read over to the accused in the presence of such witness and the accused permitted a full opportunity of cross-examining such witness. Such a witness would be competent to testify against the accused at the trial.

THIS was a statement of reasons given by the presiding Judge, in a trial before the Supreme Court, for admitting certain evidence tendered by the prosecution and objected to by the defence.

G. E. Chitty for the sixth accused.

B. Jayasuriya, C. C., for the Crown.

October 1, 1946. NAGALINGAM A. J. -

Mr. Chitty for the si