1960 Present : Weerasooriya, J.

THE ATTORNEY-GENERAL,

Appellant, and R. J. DON DAVITH,
Respondent

S. C. 645-M. C. Colombo, 17392/C

Criminal Procedure Code-Absence of witness on date of trial-Application for issue of warrant to compel attendance-Duty of Court to grant it- Sections 62 (I) (6), 148 (1) (b), 282.

When a prosecution witness is absent without reasonable excuse although served with summons, it is the duty of the Magistrate, unless for reasons to be recorded by him he deems it unnecessary to do so, to issue a warrant to compel the witness's attendance, if the prosecution makes application for such warrant.

APPEAL from an order of the Magistrate's Court, Colombo.

F. S. A. Pullenayegum, Crown Counsel, for Attorney-General, (Complainant-Appellant).

No appearance for Accused-Respondent.

March 22,1960. WEERASOORIYA, J.-

This is an appeal by the Attorney-General against an order acquitting and discharging the accused-respondent. The report to Court filed under Section 148 (1) (b) of the Criminal Procedure Code charged the accused with the offence of voluntarily causing hurt with a sword to one Michael Kelaart. On the