Podisingho Et Al V. The King

[COURT OF CRIMINAL APPEAL]

1951 Present: Dias S.P.J. (President), Basnayake J.,
Gunasekara J., Pulle J. and de Silva J.

PODISINGHO et al., Appellants, and THE KING, Respondent

 Appeals 45-18 with Applications 61-64 of 1951

S. C. 32-M. C. Ratnapura, 18,478
 

Criminal procedure-Joint trial of several persons-Discretion of Court to order separate trials-Criminal Procedure Code, ss. 184, 230.

Criminal Conspiracy-Circumstantial evidence-Abetment-Summing up-Proper direction to jury-Penal Code, s. 113B-Court of Criminal Appeal Ordinance s. 5 (1), proviso-Criminal Procedure Code, s. 243.

Five persons were being jointly tried before a Judge and Jury. On the fifth day of trial the second accused took ill and it was reported that he would be unable to attend Court for about 28 days. Thereupon, the presiding Judge made order that the trial of the other four accused should proceed and that the second accused be tried separately.

Held (by the majority of the Court), that section 184 of the Criminal Procedure Code gave the Court the power to make such order. The discretion vested in the Court to order a separation of trials may be exercised n

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