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Mana Muhammadu Sadakku Tulla, sworn on the Koran.

Age 28 years. Boutique keeper at Kabarossagere. I know the Timbiriwewa boutique, which is about two miles from mine. There is a road from Madampe to Timbiriwewa. My boutique was looted on the 4th June at about 9.0 a.m.

I was

I

alone in the boutique. Accused was leading a crowd who came in; about twenty- nine people. They had sticks in their hands. At their approach I ran away. returned at about 3.0 p.m. Then our boutique had been looted. I did not see where they went after looting mine.

gave

Cross-examined: "When I came to Ceylon I was in a cloth boutique at Madampe. I was not in Iseris Mudalali's boutique. I had a boutique at Dummala- suriya. Iseris then proposed to do business with him. As there was a disagree- ment between Iseris and myself we parted from the partnership. Capital was Iseris's. I was turned out by him. It is true that I was dismissed because I his things to my mistresses. I was trading in coco-nuts at Rabbada lokkas. I was cooking my meals separate. After that I traded in areca-nuts at Hiruwalpola. After that at John Kankanama's. John placed me front of the accused. John had produce on his estate. He carried on business. I carried out orders and gave our things. I went away of my own accord. My present boutique is within half a mile of the boutique mentioned. Present boutique belongs to Puruduwala Vidane. There was business carried on between Vidane and James, but I do not know if the business was abandoned. We opened the boutique fully when I carried on business. There were some days when I had not a pound of sugar. I do not know if the looters know that the boutique belonged to a Sinhalese. There is only one Sin- halese house close by, belonging to Baas Maiya, near which is Maiappu's bungalow. There are other Sinhalese people living close by. I do not know if lot of Sinhalese came, hearing the looting. I know that accused came. Accused, who is a known

man. came there.

To Court: We had no business in common with the accused. He use to buy from us for cash. He does not owe me any money. I know the accused for two or two-and-a-half years. I saw him there, and I swear on the Koran that it is so. When they came into the boutique and I was dealt a blow by the accused I ran away. I know the boutique at Timbiriwewa. I do not know the owner. the deceased.

Seiyadu Ibrahim Saibo, sworn on the Koran.

I live at Horagolla. I know Sadakku Tulla.

I know

I know both the boutiques.

My house is between them. I know the day of looting. I was at my house that day. In the morning I saw a crowd. That was about 11.0 or 11.30 a.m. They were passing along the road. They came from Horagasagare and were coming towards Timbiriwewa. There were about twenty or thirty people. I saw accused driving a cart in the crowd. On their way they did not come to my house. They returned within half an hour. My house is three-quarters or less than mile from the Tim- biriwewa boutique. Accused gave the cart in charge of Kiriyan and came to my house and removed a wheel from my cart. Then other people came and assaulted ine. When I came back I found both the wheels removed. I had Rs.29 in my purse, and rings. They took that. There were watchers of Horagasagare estate and coolies of another estate. I do not know where they went. I cannot say in which direction they went. There were things in the cart in gunny bags and olar bags. It was empty when it went, but there were goods when it returned.

Cross-examined: Before this there were several people as watchers on this estate. There was no watcher there who stole my hackery. There were no doors for this house as it is a new one. I did not make any complaint to the headmen about any such robbery. I did not request you to obtain false evidence. People in the neighbourhood are Paduwa caste. They are not angry with me.

There were twelve men even on that day working in my garden and I have not paid them yet. It was about ten minutes after the workmen went that the looters came. All the people might have seen the accused. I am only stating what I have seen.

To Court: There were about twenty-five or thirty men when the crowd went past me. They were walking fast. They had clubs in their hands. I saw the accused driving a cart in the crowd. Nobody spoke to me. When the crowd came back they were not making any noise. Those people who were carrying things were running Accused was driving the cart I knew him well before the event. I cannot make mistake about the accused. I did not speak to the accused. Accused did not hold me by the waist I am a trader. I live in my own house. I go about

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trading. I trade in coco-nuts. I can speak and understand Sinhalese. They came in a rush and I heard them say nothing. I live alone. They came to my place about 11.30, before 12.0. After 12.0 I take my meals every day. I had not had my meals when the crowd came.

Piris Appuhami, affd.

Arachchi of Kiriwalpola. Timbiriwewa is in my Palata. I heard about Ahamadu's death on the 4th about 11.0 p.m. I went to the spot about 4.0 a.m. follow- ing day. I saw the body. There were injuries on the side, face, club mark on the right side. There were about four club marks. I reported this to the police. I held an inquiry. I questioned the witnesses who were there. Then I had not come to know who dealt the blow. I came to know it at the time Moor boy gave evidence before the Commissioner; not before. There was an inquiry by the Police Magis trate, but I was not present. I heard about this accused on the 13th June. The body was buried and afterwards it was exhumed. Post-mortem was held in my presence. It was the body of the deceased.

Cross-examined: There was looting in Keballagasare and Timbiriwewa. Com- plaints were made to me. At the time who looted was not mentioned. I know the accused. Boutique keepers knew the accused too. Not at the time, but at my subse- quent inquiries I came to know about the accused.

To Court: 4th June deceased was killed. I saw the body at 4.0 a.m. the follow- day. I held an inquiry from two people in the boutique. One of them was Sadakku Tulla, the other was S. Rawuther and from Manampulle. People in the boutique did not mention the accused's name. Inquiry was a brief one. I asked who struck the deceased. They said that one of them and the accused were struck Accused's by someone, but did not know who it was. No names were mentioned. name was first mentioned to me on the 13th June, and that, too, not about striking but about the looting.

Oliver de Silva, sworn.

I am Sub-Inspector of Police at Kuliapitiya. I got information about the death of Ahamadu on the 5th June. I was busy that day and I was unable to leave my station before the 16th. I held an inquiry on that day. There were no wit- nesses. I did not meet the witnesses in the case that day. I met Sadakku in Kulapitiya. I asked him and he mentioned that accused was the person who struck him.

Cross-examined: I got information from Vel Durea, and went to accused's old house and I did not find him there. I went to accused's house another day. I made inquiries from the accused's wife as accused was not at home. I searched for goods and I found no looted goods.

Re-examined: 2nd June I searched the house of the accused. Accused's statement read in evidence, and prosecution closed:

T. C. Perera, afid.

Defence.

I am the accused. I did not take part in the looting or the murder. To Court: I was on that day on my way to Madampe to get treatment from Simanchiya, Veda. Near the bo tree I heard of the looting that took place on the 3rd, and I came home on the 4th. Early in the morning I got up and went for medicine. Near the bo tree I heard of the looting at Madampe, and returned home about 4.0 p.m. I had tea in the interval. That was past 11.0. I was suffering from cold for six months. I was not bedridden. I took medicine from a Vederala. I knew the deceased. I had bought goods from the boutique. Neither of us owed the other anything. Near the bo tree I was informed that I could not go to Madampe without a pass. I was afraid of being shot when going without a pass. I heard that people going without a pass were liable to be shot.

Cross-examined: I went to Madampe via Bingiriya and Paidandawa. Bo

No tree is near Madampe. tree is about ten or twelve miles from my house. made a statement before the Commissioner. I stated to him that I was in Madampe and that I had witnesses to prove that, and that I was in Mates Appuhami's. came to Madampe but I could not go to Mates. I heard that my house was searched by the Sub-Inspector. I was in Madampe, having gone there for medicine. the 2nd July I had consumption, cough. Dr. La Brooy examined me on the 6th July.

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