Thambiah Et Al., V. Tennekoon

1949 Present : Canekeratne J.

THAMBIAH et al., Appellants, and TENNEKOON (Inspector of Police), Respondent

S. C. 365-336- M. C. Jaffna, 15,144

Charge-Several accused-Common intention-Section 32 of Penal Code-Need not be referred to in charge.

Where several accused acted with common intention it is not necessary to specify section 32 of the Penal Code in the charge framed against them.

APPEALS from a judgment of the Magistrate, Jaffna.

M. M. Kumarakulasingham, for 1st accused appellant.

H. W. Tambiah with A. P. Thurairatnam for 2nd accused appellant.

A, Mahindrarajah, Crown Counsel, for Attorney-General.

Cur. adv. vult.

May 31, 1949 CANEKERATNE J.-

At an election held about ten days before, the candidate whom the complainant zealously supported was successful ; the one favoured by the two accused persons was not. So he became the object, as the Magistrate

finds, of their resentment. When the complainant met the two accused near a junction on February 22, the second accused addressed him thus, " Are you going to work in the elections ? " and seized him. Straightaway he called upon his companion, the first accused, who had a club

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