[Full Bench.]

Present: Lascelles C.J. and Wood Renton and Pereira JJ.

THE KING v. PILA et al.

12-P. C. Avissawella, 12.087.

Evidence of bad character, of accused who were charged with murder-Not objected to at trial-Point certified by Attorney-General under s. 355 (3), Criminal Procedure Code-Right of the Attorney-General to certify-Admissibility of evidence.

The accused in this case were charged with murder. A principal witness for the prosecution explained his delay in reporting what he had seen by his fear of the accused, who, he said, were " reputed rowdies." In order to corroborate him, evidence was called to prove that the accused were by repute men of bad character, and were generally feared by the villagers. This evidence was not objected to in any way by counsel for the accused, and no application was made by him to the presiding Judge to state a case in terms of section 355 (1) of the Criminal Procedure Code.

Held, that the evidence called to prove that the accused were by repute men of bad character and were generally feared by the villagers was inadmissible.

The Attorney-General may certify under section 355 (3) any Question of law ari