138-NLR-NLR-V-02-ABEYEWICKREME-v.-BABUNAY.pdf
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1807:
March 23.
ABEYEWICKREME v. BABUNAY.
P. C., Matara, 28,098.
Theft of hackery and bull—-Separate charges—Irregularity.
The acoused were convicted of two separate offences, viz., theftof a hackery and theft of a bull, and were sentenced to undergodifferent terms of imprisonment for the two offences.
It appeared that the accused stole the hackery and the bull atthe same time.
Held, that it was irregular to charge and punish the'accusedseparately for two offences, and that the accused should have beenconvicted only of one offence.
rj^HERE was no appearance of counsel.
23rd March, 1897. Bonseb, C.J.—
In this. case the Magistrate has convicted the appellants ofstealing a hackery, and sentenced them to various terms of im-prisonment and fine. He has at the same time convicted andsentenced them to like punishment for theft of a bull. Theevidence is that the bull and cart were stolen at the same time.
The Magistrate, in my opinion, was not justified in treating thetheft of the bull and hackery as two distinct offences.
It is much tike same as charging a man with stealing a horseand stealing the bridle it was wearing as separate offences.
Let the conviction be amended to a conviction for stealing a, bull and hackery, value Rs. 65, and by striking out the punishment .for the second charge.