[COURT OP CRIMINAL APPEAL]

1947 Present: Howard C.J. (President), Jayetileke and Dias JJ.

THE KING v. HENDRICK et al.

Appeals 21-33, with Applications 69-81,

S. C. 92-M. C. Colombo, 19,683.

Evidence-Identification-Hearsay-Corroboration.

A number of persons were charged with having been members of an unlawful assembly. A Police Sergeant gave evidence to the effect that at an identification parade he made notes of the various identifications made by certain police officers and that the accused were those persons who were identified. The Police Sergeant's evidence, although it was hearsay, was, however, linked up with that of the police officers who stated that they identified certain persons.

Held, that the evidence, if accepted, was sufficient in law to prove identity.

Abdul Wahab v. Emperor (1926) 27 Crim. L. J. 836, followed.

APPEALS, with applications for leave to appeal, against certain convictions in a trial before a Judge and Jury.

H. V. Perera, K.C. (with him Colvin R, de Silva and M. M. Kumara-Kulasingham), for the first, second, and third appellants,

M. M. Kumarakulasingham, for the fourth, fifth, sixth, ninth, tenth to thirteenth appellants.

C. S, Barr Kumarakulasinghe (with him K. Sivasubramaniam), for the seventh and eighth appellants.

T. S. Fernando, C.C. (with him A. C. Alles, C. C), for the Crown.

Cur. adv. vult.

June 23, 1947. HOWARD C.J.-

This is an appeal by thirteen accused who were charged with the following offences; -

" 1, That on or about November 19, 1945, at Fort, in the District of Colombo, you were members of an unlawful assembly the common object of which was to voluntarily cause hurt to Police officers, in particular to Sub-Inspector C. G. Wilkinson, Police Sergeant 755 Punchi Banda alias Bandara, Police Constable 109 Thangarajah, Police Constable 677 George Silva, Police Constable 1337 Fernando, Assistant Superintendent of Police D. C. T. Pate, and Police Constable 3185 Maximian, all of the Ceylon Police; and that you have thereby committed an offence punishable under section 140 of the Penal Code.

2. That at the time and place aforesaid, you being armed with deadly weapons and being members of the unlawful assembly aforesaid did in prosecution of the said common object commit the murder of Police Sergeant 755 Punchi Banda alias Bandara of the Fort Police; and that you have thereby committed an offence punishable under section 296 read with section 146 of the Penal Code."

All thirteen accused were found guilty on count 1 by the unanimous verdict of the Jury. By a majority of 5 to 2 they were found guilty of voluntarily causing grievous hurt with a dangerous weapon on count 2. .Each of the accused were sentenced to 6 months' rigorous imprisonment on count 1 and 4 years' rigorous imprisonment on count 2, the sentences to run concurrently. The appeal has been argued in the main by Mr. H. V. Perera, K.C., who appeared for the first, second, and third accused, but the other accused have been represented separately. The incident that led to the commission of the offences arose as the result of a procession of strikers coming into collision with a party of Police. The procession which consisted of harbour workers was proceeding from Front Street via Lotus Road towards Parsons Bridge. According to the evidence of Sub-Inspector Wilkinson the number of people in the procession was about 300. Banners were being carried. The Inspector decided to accompany the procession in order to ensure its orderly conduct. The Police party consisting of the Sub-Inspector,, 2 Sergeants, and 6 Constables, one of whom was Sergeant Banda, the deceased, started in the Police van. As the head of the procession was going into Upper Lotus Road, the Police van was blocked and the Inspector, one Sergeant and three Constables got down and rushed up to Parsons Bridge junction. The Inspector reached the head of the proceession. Whilst the Ins