[COURT OF CRIMINAL APPEAL.]

Present: Soertsz S.P.J., de Kretser and Jayetileke JJ.

THE KING v. PODIMAHATMAYA

73-M. C. Ratnapura, 38,594.

Accident-Charge of murder-Evidence of exception of accident-Burden of proof-Statement of presiding Judge that accident reduces the offence-Misdirection-Penal Code, s. 73-Evidence Ordinance, s. 105.

The exception of " accident " on behalf of an accused person in terms of section 73 of the Penal Code does not arise for consideration unless the accused adduces some material in support of it either by way of evidence led by him or by way of matters elicited from the witnesses for the Crown or by way of some circumstance clearly pointing to accident or misfortune.

APPEAL from a conviction by a Judge and Jury before the Western Circuit.

F. W. Obeysekera for appellant.

E. H. T. Gunasekara, CC., for the Crown in the appeal.

Cur. adv. vult.

December 18, 1944. SOERTSZ J.-

Of the many grounds of appeal set forth in the notice filed by the appellant, only three appeared to us, on the facts of this case, to call for discussion, and on our intimating our view to Mr. Obeysekera, he confined his argument to them.