008-NLR-NLR-V-02-FERNANDO-v.-FERNANDO.pdf
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FERNANDO v. FERNANDO.P. C., Colombo, 41,098.
Voluntarily causing hurt with a knife—Necessity of trial by Supreme Courtwhore wound is serious.
In a prosecution in the Police Court for voluntarily causing hurtwith a knife, the medical evidence recorded showed that the woundinflicted was a clean cut, an inch long and an inch broad, the skin' being slit open for some twelve inches.„
Held, that the case was one of so serious a nature that it should nothave been tried by a Police Magistrate even with the consent of theaccused, and that it was one for trial by the Supreme Court.
HTHE plaint in this case charged the accused with voluntarily-*■ causing hurt to the complainant by stabbing him with afolding knife on his shoulder. The medical evidence, recordedshowed the wound to be a punctured wound, an inch long andan inch broad; the skin was slit open for some twelve inches; it.was a clean cut.
The Police Magistrate being of opinion that the offence mightbe disposed of summarily, the accused consented to be tried sum-marily. After evidence taken and recorded the Magistrate foundthe accused guilty under section 315 of Penal Code, and sentencedhim to one year’s rigorous imprisonment.
On appeal, Dornhorst appeared for the accused.
26th February, 1896. Bonseb, C.J.—
This is a case of so serious a nature that it should not be heardby a Police Magistrate even with the coiisent of the accused. Itis one for trial in the Supreme Court.
The proceedings had by the Police' Magistrate are accordinglyquashed, and he is directed to take proceedings with a view to thecommittal of the appellant for trial by the Supreme Court.