CO882-10 — Page 78

80

PUBLIC RECORD OFFICE

Reference :-

C.O. 882/10

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC

COPYRIGHT PHOTOGRAPH-NOT TO

PUBLIC RECORD OFFICE, LONDON

142

Cross-examined by President: It was at Kalupahana this suicide took place. It was on the 2nd.

Re-examined: When the last witness made complaint at the police I was not questioned. All these accused are the headmen of Kalupahana and the adjoining villages.

Katu Bawa Lebbe, sworn.

Age 63. Live at Kalupahana. Trader. I know Ismail Marikar. My boutique adjoins his. Kalupahana boutiques were attacked on the night of the 1st June. I was in my boutique. I heard a hoo cry, somebody striking at the adjoin ing boutique. I did not come out. After breaking that boutique they broke mine. The four accused entered my boutique. They looted. There were about 200 out- side. I was by the almirah in my boutique. The crowd entered, looted things, and loaded into carts. I went to the jungle and hid. I have a grandson, Abdul Hamid. On the following morning he committed suicide. He hanged himself in the closet. On that night he was in my boutique. I do not know where he escaped. I did not see him that night afterwards, until the following morning when I found his corpse. Cross-examined: I know constable Banda. I did not mention any names to him. I told him that I was in the jungle, and therefore could not tell who had done the mischief. The second accused also questioned me with regard to the looting. I did not at that time mention the names of the accused. I gave some things to the fourth accused for safe keeping. I got Rs. 100 from him. It was on the 2nd. signed a writing containing a description of the goods. The goods were worth I made recipe from Rs. 200. These goods were on the loft. They were cloths, umbrellas.

complaint at the Ingiriya Police Station about a week after. Ismail Marikar did not see me and speak to me before that. At Kalupahana he told me that he had (Ind. A. C.) made a complaint. I was sent for by the police, and I went. Ahamadu Lebbe went

on a different occasion.

The fourth accused ap- peared to have got a

wine to

exculpate bimself.

Appears that

he lived in

Kata Bawa's

went into

Ismail's for dianer.

I

Re-examined: I left for Atulugama and resided there. Through fear I did I did not not mention the names of the accused before. They are all headmen. charge them through fear. It was after I left the village that I first gave informa- tion to the police at Ingiriya Station. And I was sent for from the police.

:

Re-examined I entrusted the goods on the 2nd. I went to Atulugama four or five days after. Then I came afterwards to the village.

Mohammadu Saleh, sworn.

Trader. Lived in Kalupahana on June last. I am now at Atulugama. I was On the night of the looting I was in boutique and at Kalupahana in Katu Bawa's boutique.

Ismail's boutique. (Similar evidence as Ismail's.) After breaking Ismail's boutique they proceeded to break the adjoining boutique. Then I bid in the jungle. I have not (lot. 4. C.) Three days after I went to Atulugama, and I have been there since.

returned to Kalupahana to reside.

Cross-examined: Katu Bawa, I, Ahamadu Lebbe, Ismail, all of us took dinner in Ismail's boutique. I do not know whether Katu Bawa was looking on or not when the boutique was broken. I met the following day Katu Bawa at 7.0 a.m. Then I found that Katu Bawa's boutique also was broken. On that day Katu Bawa's cook was ill.

Went

Re-examined: Katu Bawa's boutique immediately adjoins Ismail's.

From the kitchen door it is from Katu Bawa's boutique to Ismail's for dinner. possible for Katu Bawa to step into the other boutique.

Yoonoos Lebbe Muhammadu Lebbe, sworn.

Trader at Horana. On the first night my boutique at Horana was looted. About 7.30. At about 8.30 I saw the first accused in the opposite boutique. I heard The mob him tell the mob to come to Kalupahana after destroying in Horana. followed. About 9.0 p.m. he left Horana. Before asking the crowd to come to Kalupahana he incited the crowd.

Sleman, sworn.

Malay, Mohammedan. Police sergeant, stationed at Horana. On the night of the 1st June there was riot at Horana. I saw the first accused passing the police station at 9.0 p.m. in a hackery, followed by many Sinhalese armed. There is a tavern Distance about three miles between Kalu- about half a mile from Kalupahana.

pahana and Horana.

143

Cross-examined: I first gave this information to the authorities about eight or nine days afterwards, when the Inspector made inquiries. I signed the statement. I did not speak to the first accused when he went that night.

Re-examined: Complaints from Kalupahana are lodged at Ingiriya Station. Hendrick Singko, affd.

Live at Miwanapalana. On the lat June there was riot. I saw the first accused coming from the direction of Horana with same people travelling in a hackery. They stopped at the tavern, threatened to break the tavern; they entered the tavern. The mob drank. The first accused directed one Radage Singa to ask the second and third accused to bring people to loot boutiques at Kalupahana. These people left in the direction of Kalupahana.

Cross-examined: I have a brother, Kuriya. He was employed by the first accused. He was not dismissed; he left the place. My brother Pieris was charged for cattle-stealing. I am a cultivator. At that time I had been to my field near

the tavern.

The first prisoner, affd.

Prosecution closed.

I am in Government service eighteen years. The evidence given by the witnesses for the prosecution is not true. I did not come to the village on that day. I came to know afterwards that Ismail was at Atulugama on the 1st.

Cross-examined: On 31st May I was in Colombo. On the 1st there was riot in Colombo. On the 1st I left Colombo and came to Panadure. Riot broke out at Panadure. I was frightened to leave Panadure because of the riot. I sent a I left Panadure to Horana message to my wife that I was going back to Colombo.

prevent his

on my way to my village. That night there was no place for me to remain. If nothing stopped me in the way it is possible I could have gone to Horana at 9.0 Nothing to o'clock. I know the witnesses for the prosecution. I have nothing to do with them. having been I opened a boutique one-and-a-half years ago. After that the Moors are angry with prompt at me. I have property in Kalupahana. The fourth accused is my uncle. He was (Intd. A. G.) the registrar before me.

Re-examined: I changed my mind and left Panadure that night for my village. Baboo Sinho, affd.

footing.

by accused's

Live at Kapollagoda. I know Luwis Singho. He has an eating house at Horana. On the 1st, night, I was in charge of that eating house. The first accused came there about 10.30. He remained in the hotel. He left on the 2nd, morning. Only called at

Cross-examined: Luwis Singho has left the hotel after the rioting. He is here last moment to-day. Luwis Singho was not there that night. I went to the advocate yesterday wit in connexion with giving evidence here. The first accused's wife told me that (food. A. C) might be wanted to give evidence two days ago. I was not noticed until to-day. Enis, affd.

Live at Owitagalla. On the 1st, night, about 12.0 or 12.30, I met the first accused at Horana. I did not see him at any other time. He wanted me to take

him in my hackery. I refused, owing to the disturbances.

Cross-examined: I was returning after a hire, and met the first accused by accident. I guess the time. I have no watch.

The second prisoner, affd.'

not go.

The evidence given by the witnesses for the prosecution is not true. I became aware of the looting about 12.0 or 1.0 a.m. When I was sleeping, having heard of the sounds, I saw a large crowd near the boutiques breaking them. Through fear I I was near the wall, and identified six persons. The crowd was excited. I reported the six persons to the Mudaliyar I reported at Ingiriya Police also. Some of them were convicted. Later, about 3.0 o'clock, constables Banda and another came. I accompanied them. There was rioting at that time. The fourth accused, my father-in-law, also went. Ismail was not there. I inquired. Katu Bawa told me that Ismail had gone to Colombo. He said through fear he got upstairs and did not identify anyone. The other people in the boutique did not tell either. I have entered so in my diary. (Diary produced.) The same day, at 10.0 o'clock, the 2nd June, I went to the boutique with the vidane Arachchi and ques- tioned the witnesses, except Ismail. They said they did not identify anyone. In connexion with the suicide police came to the spot. At that time also no names werr