[COURT OF CRIMINAL APPEAL]

1945 Present: Wijeyewardene, Cannon and Rose JJ,

THE KING v. SATHASIVAM et al.

38-41-M.C. Jaffna, 6,291.

Court of Criminal Appeal-No presumption of innocence in favour of witnesses when allegations are made against them-A rider brought by Jury should be spontaneous-Offence of causing death by doing an act with the knowledge that death is likely to result-Failure of Judge to give proper directions-Effect of misdirections in summing-up-Penal Code, ss. 33, 293.

Five persons were charged with murder. The first accused was acquitted and the second, third, fourth and fifth accused were convicted of culpable homicide not amounting to murder.

The deceased died of gun-shot injuries. There were no eye-witnesses as to the actual shooting, but shortly before and after four shots were heard and he deceased fell the second, third, fourth and fifth accused were seen in the vicinity. On the day following the night of the incident the police found four empty cartridge cases at a distance of over 80 yards from the spot where the deceased fell. These empty cartridges were, according to the opinion of an expert witness ca