Alwis Appu Et Al., V. Bansagayah

1947 Present: Soertsz S.P.J.
 
ALWIS APPU et al, Appellants, and BANSAGAYAH
(P. S. 1399), Respondent.
 
S. C. 959-960-M. C. Kalutam, 45,455.

    Penal Code-Robbery-Voluntarily causing hurt-Sentence on both counts-Legality of sentence-Sections 379 and 67.
 
Hurt is an integral part of the offence of robbery and an accused who is sentenced on a charge of robbery cannot be given a sentence on a charge of causing hurt.
 
APPEAL from a judgment of the Magistrate, Kalutara.
 
V. A. Jayasundara, for the accused, appellant. Boyd Jayasuriya, C.C., for the Attorney-General.  
 
October 20, 1947. SOERTSZ S.P.J.-
 
The appellants in this case were charged, first, with committing robbery of a Hercules cycle valued at Rs. 150 from one R. P. Daniel and, secondly, with at the same time and place voluntarily causing hurt to

the said R. F. Daniel by assaulting him with hands. The learned Magistrate after trial convicted the two accused on both charges framed against them and sentenced them as follows : The 1st accused to 6 month's rigorous imprisonment on charge 1, and 2 weeks' rigorous imprisonment on charge 2, the sentences to run concurrently

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