Lewis Singho Et Al., V. Liyanage

1954  Present: Sansoni J.

L. A. LEWIS SINGHO et al., Appellants, and P. D. P. A. LIYANAGE
(S. I., Police), Respondent

S. C. 738-742-M. C. Colombo South, 55,427

Unlawful possession of house-breaking instruments-Several accused-Possession of implements by one accused -Inference of common possession-Penal Code, s. 449.

Where several persons are charged under section 449 of the Penal Code with having in their possession without lawful excuse instruments of house-breaking, evidence of possession of the implements by one of them is evidence of possession, by each if there can be no doubt as to their common purpose of using the implements for house-breaking,

APPEALS from a judgment of the   Magistrate's Court,  Colombo South.

E. D. Cosme, with 0. M. da Silva, for the 1st accused appellant.

Ian de Zoysa, for the 2nd and 3rd accused appellants. 4th and 5th accused appellants in person.

M. Kanagasunderam, Crown Counsel, for the Attorney-General.

Cur. adv. vult.

August 16, 1954.   Sansoni J.-

The five appellants were charged and convicted of having committed an offence under section 449 of the Penal Code, in that they were found ha

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