GUNAWARDENE, Appellant and THE CHAIRMAN, D. R. C., MATARA, Respondent

047-NLR-NLR-V-48-GUNAWARDENE-Appellant-and-THE-CHAIRMAN-D.-R.-C.-MATARA-Respondent.pdf


142 HOWARD C.J.—Gunaivamdene v. The Chairman, D. R. C., Matara.
1947Present: Howard C J.
GUNAWARDENE, Appellant and THE CHAIRMAN, D. R. C.,MATARA, Respondent.
761—M. C. Matara, 56,509.
Autrefois acquit—Issue raised by such plea should be tried first—CriminalProcedure Code. s. 331 (2).
The issue raised by a plea of previous acquittal should be tried anddisposed of before the issues raised by the other pleas are tried.
A PPEAL against a conviction from the Magistrate’s Court.
E. Chitty (with him A. H. E. Molamure), for the accused, appellant.
N.M. de Silva, for the complainant, respondent.
February 27, 1947. Howard C.J.—
In this case Mr. Chitty on behalf of the appellant raises the point thatthe Magistrate acted without jurisdiction. On October 10, 1944, theaccused, who appeared in person before the Magistrate, stated “ I amnot guilty. I was discharged in case No. 54,185 of this Court after trial.”Again, on December 15, 1944, Mr. Bastiansz for the accused raised theplea of autrefois acquit.
Now, section 331 (2) of the Criminal Procedure Code provides that aplea of previous acquittal may be pleaded together with any other plea,but the issue raised by such plea shall be tried and disposed of before theissues raised by the other pleas are tried. The Magistrate did not dothis but dealt with this plea and the other issues in his judgment. Inmy opinion he therefore acted without jurisdiction.
The order of conviction must be set aside and the case remitted to theMagistrate to try this issue of autrefois acquit as a preliminary issue.
Conviction set aside.