010-NLR-NLR-V-47-THE-KING-v.-K.-K.-PETER-et-al.pdf
WUEYKWARUUNJfi J.—2 Tie mng v. n.. reier.
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[Coitbt of Criminal Appeal.]
1945Present: Wljeyewardene, Cannon and Rose JJ.THE KING v. K. K. PETER et ah
Appeal No. 45 of 1945 with Applications 113-118 of S. C.
No. 14—M. C., Tdngalla, 19,304.
Youthful offender—Release of lads of good character—Order to enter into bondto be of good behaviour—Criminal Procedure Code, a. 325.
Where lads of good character are convicted of culpable homicidenot amounting to murder and the evidence shows that they have beenled to take part in the incident through the action of their elders, theymay be dealt with under section 325 of the Criminal Procedure Codeand released on entering into a bond to be of good behaviour and toappear for sentence when called upon at any time within a specifiedperiod.
T | HUS was an appeal together with an application for leave to appeal.
V. Perera, K.C. (with him S. C. E. Rodrigo), for the appellant andapplicants.
M.F. S. Pulle, C.C., for the Crown.
September 18, 1945. Wijbtewabdenb J.—
Six accused were found guilty of culpable homicide not amounting tomurder on the ground that they did not have the intention necessary toconstitute the offence of murder. They were sentenced each to tenyears’ rigorous imprisonment—the maximum period fixed by the PenalCode for an offence of that type.
The first and the fourth accused are young lads. The first accused is anephew of the second and the third accused. The first and fourthaccused appear to have been led to take part in this incident through the
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WIJBYBWABDBNE J.—The King e. K. K. Peter.
action of their elders. Each of them appears to have borne a goodcharacter. In these circumstances we would deal with them undersection 326 of the Criminal Procedure Code.
We order the first and fourth accused to enter each into a bond in thesum of Rs. 1,000 with two sureties to be of good behaviour for a periodof three years and to appear for sentence when called on at any timeduring that period.
The applications of the other accused are dismissed.
First and fourth accused to enter into bond.
Applications of the other accused dismissed.