045-NLR-NLR-V-70-THE-QUEEN-v.-D.-D.-GINIGANDARA-and-another.pdf
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SAN'SOXI, C.J.—The Queen v. Qinigandara
[Court of Criminal Appeal]
Present: Sansoni, C.J. (President), H. N. G. Fernando, S.P.J., andAbeyesundere, J.THE QUEEN v. D. D. GINIGANDARA and anotherAppeals Nos. 102 and 103 of I960, -with Applications 58 and 59S. G. 201 j65—M. C. Kalutara, 200S5
Charge of abetment of attempted murder—Conviction for using criminal force—Validity.
An accused person cannot ba convicted of min:* criminal force when the onlycharge framed against him i3 that of aiding and abetting another in the offenceof attempted murder.
Appeals against two convictions at a trial before the SupremeCourt.
G. E. Ckitty, Q.C., with Elmo Vannitamby, Mangala Munasinghe andN. Balakrishnan (assigned), for both Accused-Appellants.
T. A. de S. Wijesundere, Senior Crown Counsel, for the Crown.
September 15, 19GG. Sansoni, C.J.—
We see no reason to interfere with the conviction and sentence in thecase of the second accuscd-appcl'ant.
In the case of the first accused-appellant, however, we set aside hisconviction and acquit him. The point argued by IMr. Chitty was that thefirst accused-appellant could not be convicted of using criminal forcewhen the only charge framed against him was that of aiding and abettingthe second accused-appellant in the offence of attempted murder. Thereis a decision of this Court which we think is in point—the case of Queen v.
K. Dhannpala 1, where it was held 1 hat on a charge of abetment ofattempted murder, a person cannot be convicted of voluntarily causingsimple hurt. We would follow that decision.
Appeal of 1st accused allowed.Appeal of 2nd accused dismissed.
1(1964) 61 N. L. B. 450.