Andris vs Samela – clr volume 1 page 048

In the case between Andris V. Samela and P. O. Tangalla, No. 2612, the court addressed whether cutting and injuring cattle constituted “maiming” under Section 412 of the Ceylon Penal Code, which stipulates the injury must be permanent. It was held that as the injured cattle had recovered, the requirement of permanence was not met, and thus the charge could not be sustained. The principle established is that “maiming” within the penal code necessitates evidence of permanent injury. The decision relied on statutory interpretation of Section 412, highlighting the necessity for permanent injury in “maiming,” leading to the discharge of the appellant.

Dias J. — The statutory language of Section 412 of the Penal Code was analyzed, with emphasis placed on the exclusion of “cutting” and “injurin