Krishnapillai V. Konchippali

1951 Present: GRATIAEN J.

KRISHNAPILLAI, Appellant, and KONCHIPPALI (Village Headman),
Respondent.

S. C. 1314-M. C. Batticaloa, 10,619
 

Criminal procedure-Inspection of scene of offence-Statements of witnesses-Requirements of oath and cross-examination.

Where there is an inspection by Court of the locus in quo, statements made at the spot by witnesses should be made on oath or affirmation and an opportunity should be given to the parties to cross-examine the witnesses

APPEAL from a judgment of the Magistrate's Court, Batticaloa.

H. Wanigatunga, with M. D. H. Jayawardene and D. R. P. Goonetilleke, for the accused appellant.

L. B. T. Premaratne, Crown Counsel, for the Attorney-General.

Cur. adv. vult.

March 13, 1951. GRATIAEN J.-

In my opinion the conviction in this case cannot stand. A vital question which arose for the learned Magistrate's decision was whether the accused could have been identified by the witnesses for the prosecution on the night when the offence is alleged to have been committed. In these circumstances, at the close of the case for the defence, the learned Magistrate made the following record:-

" As there seem

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