A.K.A.M.Khan V. M.M.G. Ariyadasa

[IN THE PRIVY COUNCIL]

1965 Present : Lord Reid, Lord Morris of Borth-y-Gest,
Lord Pearce, Lord Donovan, and Lord Pearson

A. K. A. M. KHAN, Appellant, and M. M. G. ARIYADASA, Respondent

PRIVY COUNCIL APPEAL NO. 46 OF 1963

S. C. 707-711 of 1962-M. C. Matara, 66852

Criminal procedure-Joinder of charges-Charges based on existence of unlawful assembly joined with charges framed relying on s. 32 of Penal Code- Validity of such joinder of charges-" Distinct offence "-" More offences than one "- " Common object"-" Common intention "-Penal Code, ss. 32, 38, 67, 138, 140,146-Criminal Procedure Code, ss. 178, 180, 181, 184.

Charges based on the existence of an unlawful assembly may be joined together at one trial with charges in respect of offences committed by the accused acting in furtherance of a common intention within the meaning of section 32 of the Penal Code, if the offences are alleged to have been committed in the Course of one and the same transaction within the meaning of section 180 (1) of the Criminal Procedure Code.

The words " more offences than one are committed " in section 180 (1) of the Criminal Procedure Code

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