Attorney General V. Suppiah

1961      Present : Tambiah, J.

THE ATTORNEY-GENERAL, Appellant, and N. SUPPIAH and another, Respondents

S. C. 125/61-M.C. Gampola, 6388

Criminal procedure-Accused brought before Magistrate otherwise than by summons or  warrant-Witnesses  who   make   depositions   at   pre-trial stage-Should prosecution call all of them at the trial ?-Criminal Procedure Code, as. 148 (1) (b), 151 (2), 187 (1), 189 (1)-Evidence Ordinance, s. 138.

 A witness who is examined at the pre-trial stage when an accused person is brought before a Magistrate otherwise than on summons or warrant and who knows nothing about the facts of the case but states only that the produces the accused on a charge preferred against him need not be called to give evidence at the trial.

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

V. S. A. Pullenayegum, Crown Counsel, for the Attorney-General, appellant.

No appearance for the Accused-Respondents.

Cur. adv. vult.

 May 24, 1961.   TAMBIAH, J.-
 

The point which arises for consideration in this case is whether a witness, who was examined at the pre-trial stage when the accused were brought b

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