1926 Present: Garvin A. C. J., Dalton and Lyall Grant  J. J.

KING v. COORAY et al.

13- P. C. Colombo, 18,147.

Confession-Statement to police constable-Inference of guilt-Contradicted by recorded statement-Use of information book-Evidence Ordinance, ss. 17 and 25.

The accused were charged with the murder of an Inspector of Police. At the trial the Presiding Judge, at the instance of the jury, called a witness, who, it was alleged, had heard the accused call to a police constable, travelling in a passing 'bus, to the following effect: " There, your Inspector is killed." When the witness denied that he heard such a statement, the Judge read out the statement made by him and recorded in the Police Information Book.

Held, that the statement did not amount to a confession within the meaning of section 25 of the Evidence Ordinance.

An admission, which is not a confession, does not become obnoxious to section 25 merely because it is found to be at conflict with a defence set up later.

Dal Singh v. King Emperor l followed.

 King v. Kalu Banda 2 considered.

Observations as to the purposes for which a Court may use the Police Information Book during a