[IN THE COURT OF CRIMINAL APPEAL]

1963 Present: Basnayake, C.J. (President), Herat, J.,
and Abeyesundere, J.

THE QUEEN v. N. THAMBIPILLAI and two others

APPEALS Nos. 9-11 OF 1963, WITH APPLICATIONS Nos. 9-11

S. C. 2-M.C. Kalmunai, 3948

Indictment-Misjoinder of charges and persons-Joinder of charges based on unlawful assembly with charges based on common intention-Invalidity-Penal Code, ss. 32, 140, 3461146, 380 /146, 346, 364, 380, 394-Criminal Procedure Code, ss. 178, 180 (1), 184, 425-Interpretation Ordinance, s. 2 (ii).

Charges based on the liability created by common intention under section 32 of the Penal Code cannot be joined in the same indictment with charges based on the existence of an unlawful assembly.

Five accused Were indicted on different counts under the Penal Code. In counts 1,1A and 2 they were charged under sections 140, 346/146 and 380/146 respectively. In counts 2A and 3 they were charged under sections 346 and 380 respectively. In count 4 the 1st accused alone was charged under section 394. In count 5 the 2nd accused alone Was charged under section 364.

All the accused Were acquitted of counts 1, A and ?. The 2