[Crown Case Reserved]

1927 Present: Garvin and Lyall Grant JJ. and Maartensz A. J

 KING v. ARNOLIS PERERA.

28-P. C. Negombo, 46,211.

Evidence-Statement by a deceased person-Circumstances of the transaction resulting in death-Evidence Ordinance, ss. 6, 8, 32 (1)

M, who was living in the house of her parents near the Botanic  Gardens, Henaratgoda, disappeared on the night of June 30, and her corpse was found, in the afternoon of the following day, lying on a mat in a threshing floor about half a mile from the house. At the trial of A, who was a watcher at the Botanic Gardens, for the murder of M, evidence was led of circumstances, which, it was alleged, proved that M was murdered by A, and it was sought to give in evidence a statement alleged to have been made by M to her daughter Jane on June 30 to the effect that she was going away with the accused to Rambukkana.

Held, that evidence of the alleged statement of the deceased to the daughter was not admissible. Section 32 (1) of the Evidence Ordinance is limited to statements made by a person after the event which resulted in his death.

CASE referred by the Attorney-General under section