[COURT OF CRIMINAL APPEAL.]

1942 Present: Howard C.J., Soertsz, Hearne, Keuneman, de Kretser,
Wijeyewardene and Jayatileke JJ.

THE KING v. JAMES CHANDRASEKERA.

6-M. C. Galle, 33,768.

Self-defence-Plea of a general or special exception under the Penal Code- Accused fails to establish the plea-Reasonable doubt created on the whole case-Accused not entitled to the benefit of the doubt-Evidence Ordinance, ss. 2,3, 4, 103, and 105.

By Howard C.J., Soertsz, Hearne, Keuneman, Wijeyewardene, Jayatileke JJ. (de Kretser J. dissenting) :-

Where, in a case in which any general or special exception under the Penal Code is pleaded by an accused person and the evidence relied upon by such accused person fails to satisfy the Jury affirmatively of the existence of circumstances bringing the case within the exception pleaded, the accused is not entitled to be acquitted if, upon a consideration of the evidence as a whole, a reasonable doubt is created in the minds of the Jury as to whether he is entitled to the benefit of the exception pleaded.

Per Howard C.J.:-

" The Jury shall regard the fact as proved that the accused did not exercise the ri