[COURT OF CRIMINAL APPEAL.]

1941 Present: ,Moseley S.P.J., Keuneman and Wijeyewardene JJ.

THE KING v. WIJEYERATNAM.

15-M. C. Mallakam, 21,265.

Evidence-Charge' of murder of a named person-Evidence of injuries on other persons murdered at same time-Relevance,-Meaning of words" without any excuse" in clause 4 of Penal Code, s. 294-Duty of Judge to give direction-Proof of affidavit.

In a charge of murder the cross-examination of the witnesses for the prosecution indicated that the defence relied on the theory that the injuries sustained by the deceased person (S) and others were inflicted in a hand-to-hand conflict.

The crown led evidence to prove that fatal injuries were caused not only to (S) but also to two others, by gunshot wounds which could not have been inflicted at short range.

Held, that the evidence was relevant.

The King v. Mendias (42 N. L. R. 244) distinguished.

Where an affidavit which was alleged to have been sworn by the accused and which was put in evidence by the Crown was not proved according to law and where its submission gravely prejudiced the case for the accused

Held, that the conviction was bad.

Obiter, where