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PUNCHI BANDA t>. FERNANDO.1900.June 12.
Additional P. C., Ratnapura, 5,864.
Appeal—Criminal Procedure Code, s. 17 (2) and e. 335 (1)—Sentence by PoliceCourt of one month’e imprisonment on each of two counts.
An appeal lies from a sentence imposed by a Police Court of onemonth’s imprisonment on each of two counts.
HE accused was convicted by the Police Magistrate under
section 454 of the Penal Code of insulting the complainantso as to make him commit a breach of the peace, and under section343 of using criminal force, and the court sentenced him for eachof these offences to a fing of Rs. 25, or in default to six weeks’rigorous imprisonment, so that in the aggregate he stood sentencedof a fine of Rs. 50.
H. Jay award ena, for respondent, objected that no appeal lay.
Sampayo, for appellant, referred to 1 C. L. R. 10 and CriminalProcedure Code, 1883, section 405 and section 18.
12th June, 1900. Browne, A.J.—
Section 405 of the old Criminal Procedure Code precludedappeal from a Police Court “ in cases in which such Court passes“ a sentence of imprisonment not exceeding one month, or fine not“ exceeding Rs. 25,” but section 18 directed that “ for the purpose'* of appeal aggregate sentences passed thereunder in case of con-” victions for several offences at one trial should be deemed to be“ a single sentence.” And it was held (1 C. L. R. 10) that appeallay from a conviction and a sentence of one month’s imprison-mnent on each of two counts. The new Procedure Code re-enactsin section 17 (2) the proviso of the old section 18, and thereforethere is here a sentence to a fine exceeding Rs. 25, which takesthe case out of the preclusion of section 335 (1) (g).
I hold therefore that appeal lies. [The case was argued anddecided on the merits also.]
PUNCHI BANDA v. FEENANDO