1947 Present : Dias J.

VARGHEES, Petitioner, and WIJESINGHE (S. I., Police)
Respondent.
 
164- In revision, M. C. Colombo, 26,317

Plea of autrefois convict- Scope of Criminal Procedure Code, s.330(4).

The accused was charged, under section 315 of the Penal Code, with causing hurt, and was convicted and sentenced. Thereafter , after he had served his sentence, a fresh plaint was filed on the self-same facts charging him, under section 300 of the Penal Code, with attempt to murder.

Held, that the plea of autrefois convict was available to the accused and that the case feel under section 330(1), and not under section 330 (4), of the Criminal Procedure Code.

APPLICATION, in revision, to quash certain proceedings in the Magistrate's court, colombo.
Mahesa Ratnam, for the accused, petitioner.

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

Cur. adv. vult.

206

May 16m 1947 . DIAS J.-

The material facts are as follows :-

On August 5, 1946, the police produced the petitioner before the Magistrate alleging that the had stabbed one D.A. Pedris with a knife and asked for a remand pending the report of Judicial Medical Officer in regard to