1947 Present : Canekeratne J.

WIJEYERATNE, Appellant, and MENON (S. I. Police)
Respondent.

1,322 - M. C. Balapitiya, 55,988

Abetment- Accused charged and convicted as principal offender- Proof, in fact, of abetment - Power of court to alter verdict to one of abetment -penal code,ss.182,347(b) (ii).

The appellant committed the offence of abetment of cheating but was in fact charged and convicted under section 400 read with section 107 of the penal code.

Held that the court could by virtue of the provisions of section 182 and 347 (b) (ii) of the criminal Procedure code ,alter the verdict by substituting fro section 107 of the penal code section 102, if no prejudice was caused.

APPEAL against a conviction from the Magistrate's court , Balapitiya.

Colvin R. de silva (with him K.C. . de silva), for the second accused, appellant.

J. G. T. Weeraratne, C.C., for the Attorney - General .

March 7,1947. CANEKERATNE J.

A forest range officer stopped a cart of timber passing his quarters about 3 A.M. on March 6,1945; first accused who was following the cart produced a permit P 1 and informed him that he was transporting the timber belonging to