043-NLR-NLR-V-10-ARIAPODY–v.-SEENITAMBY.pdf
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Present: Mr. Justice Wood Benton.
1907.June 24.
ARIAPODY t>. SEENITAMBY.P. C., Batticaloa, 24,581.
Mischief—Shooting a buffalo—Jurisdiction of Police Court—Ceylon PenalCodet ss. 411 and 412.
A charge of mischief for shooting a buffalo is punishable undersection 412 of the Penal Code and is not summarily triable by aPolice Court.
Baiya a. NtkulasSilva v. Andris ;2 and P. 0., Panadure,
25,165,3 followed.
rn TTB accused was charged with mischief under section 411 of the
i Penal Code, in that he shot a buffalo of the value of Bs. 45;he was convicted and sentenced to three months’ rigorous imprison-ment.
In appeal.
H. A. Jayewardene, for the accused-appellant.^-The offence ofmischief by killing a buffalo is punishable under section 412 of thePenal Code. The general provisions of section 411 are controlledby section 412 in respect of certain animals; as regards those animalsthe value is immaterial. The Police Magistrate should have takennon-summary proceedings. There are several recent decisions tothis effect, Viz., Baiya v. Nickulas,1 Silva v. Andris2 and P. C.,Panadure, 25,165.3 The judgment of Burnside C.J., in Banda v.Somalia4 has not been followed in these cases.
24th June, 1907. Wood Benton J.—
I set aside the conviction and send the case back for non-summaryproceedings in due course. I have nothing to add to what I said on, this subject in Baiya v. Nikulas1 and to what has been said by mybrothers Middleton and Grenier in the two cases cited by Mr. HectorJayewardene on behalf of the appellant, viz., Silva v. Andris2 andP. C., Panadure, 25,165.®
Conviction quashed.
1 (1906) 1 App. Court Rep. 49.* 5. C. Min.t June 5, 1907.
3 (19079 10 17. L. R. 209.4 (1892) 1 8. C. R. 26.
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