1971 Present:

Appellant, and , Respondent


S. C. 456/70-M. C. Batticaloa, 29047

An offender may be said to have been deprived of his power of self-control by grave and sudden provocation within the meaning of Exception 1 to section 294 of the Penal Code even though there was an interval of time between the giving of the provocation and the time of the killing, if the evidence shows that, all the time during the interval, the accused suffered under a loss of self-control.

against a conviction at a trial before the Supreme Court.

V. E. Selvarajah, with (assigned) B. B. D. Fernando, for the accused-appellant.

E. D. Wikramanayake, Crown Counsel, for the Crown.

Cur. adv. vult.

August 3,1971.'

The accused in this case was convicted of committing the murder of his wife on 13th September, 1969. There was no doubt that the accused did in fact cause the death of his wife by a stab injury.

The accused gave evidence in his defence. He and his wife had been married for about 25 years and there were seven children of that marriage. A few months prior to this incident he discovered his wife in an a

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