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LIENARD v. ABDUL RAHIM.
P. C., Batticaloa, 13,801.
Criminal Procedure Code, «. 340 (3)—Matter of law stated in petition ofappeal—Right of counsel to adress Court on other points.
No point of law that is not contained, in the petition of appealpreferred under section 340 (2) of the Criminal Procedure Code will beallowed to be argued in appeal.
rpHE accused was convicted of an offence under section 85 ofJ- the Police Ordinance, 1865, and sentenced to pay a fineof ten rupees. The Magistrate refused leave to appeal, and thepetition of appeal, signed by the accused’s proctor, certified thatthe matter of law set out in the petition was a fit question foradjudication by the Supreme Court.
Tambyah, few appellant, addressed the Court on points not statedin the petition of appeal.
Cur. adv. vult.
28th July, 1899. Withers, J.—
Appellant’s counsel has addressed me at least on one point oflaw, which was a very fit question for adjudication, and I listenedto him under the impression that it was contained in the petitionof appeal. I find that that is not the case. We can only hearargument on matters of law stated in the petition of appeal(section 840 (2) of Criminal Procedure Code).
On reading the petition of appeal, I find that only one matterof law is mentioned. That was hardly strong enough to bear theweight of a formal certificate. It amounted to this: the evidencerecorded shows that the complainant was to blame rather thanthe accused. That is a question of fact rather than of law.
LIENARD V. ABDUL RAHIM