ALDIN v. SANASGALA
1947 Present: Dias J.
ALDIN, Appellant, and SANASGALA (S. I. Police), Respondent.
1,728-M. C. Balapitiya, 56,500.
Sentence-Conviction for
causing hurt under Penal Code, s. 315-Hurt not caused by " dangerous knife
"-Competency of Magistrate to order whipping-Knives Ordinance (Cap, 20), s. 10.
Under section 10 of the Knives Ordinance, whenever a person is convicted
before a Magistrate of an offence under section 315 of the Penal Code, the
offender is liable to be whipped, whether the hurt was caused by a " dangerous
knife " or not.
APPEAL
against a conviction from the
Magistrate's Court, Balapitiya.
K. Sivasubramaniam, for the accused, appellant.
Boyd Jayasuriya, C.C., for the Attorney-General.
Cur. adv. vult.
January 13, 1947. DIAS J.-
I see no reason to interfere with the findings of fact of the Magistrate. The
appellant who was a baker's boy failed to deliver bread to the injured mar..
Linton Perera on August 24, 1946. On the following day too Linton Perera got no
bread. Therefore when he saw the appellant returning to tile bakery after his
rounds, Linton Perera accosted the appellant, held the handle bar of his bicycle
and asked him
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