Rodrigo, L.T.F. V. The Queen

1952 Present: Gratiaen J. and L. M. D. de Silva J.

L. T. F. RODRIGO, Appellant, and THE QUEEN, Respondent

 S. C. 23-D. C. (Criminal) Colombo, N 1,639
 

Conspiracy-Accomplishment of the offence agreed upon-Proper indictment to bring in such circumstances-Penal Code, s. 113A.

Indictment-Amendment of it by Court-Proper procedure.

Criminal Procedure Code, s. 347 (6) (ii)-Alteration of verdict on appeal-Scope of-Abetment-Different types of abetment-Penal Code, ss. 100-103.

It is undesirable to include a charge of conspiracy in an indictment which alleges the actual commission of the offence in respect of which the conspiracy was formed.

The primary responsibility for the accuracy and suitability of an indictment rests with counsel for the prosecution, and not on the court. The court may, however, decide to amend the indictment on its own responsibility, but before such a decision in made, both the prosecution and the defence should be given an opportunity of making their submissions on the point.

The power vested in the Supreme Court under section 347 (6) (ii) of the Criminal Procedure Code to alter a verdict to a conviction on an

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