[COURT OF CRIMINAL APPEAL.]

1945 Present: Keuneman S.P.J., Rose and Canekeratne JJ.

THE KING v. APPUHAMY et al.

Applications 162-165-M. C. Rakwana, 41,871

Court of Criminal Appeal-Charge of murder-Several accused-Common intention-Requirements of a proper direction on-Penal Code, s. 32.

The four applicants were found guilty of murder.

On the question of common intention the directions of the trial Judge were such as to indicate that while " murderous intention " was necessary to be proved in respect of the person who was shown to have caused the death of the deceased, in the case of his associates any form of common criminal intention would suffice to render them guilty of the same offence-

Held, that the Judge should have emphasized to the Jury that, under section 32 of the Penal Code, to support the charge of murder the common intention must itself be a " murderous intention " within the meaning of section 294 of the Penal Code, and that if the common intention was something less, e.g., to cause grievous hurt, the persons who shared that common intention would be only guilty of the lesser offence.

APPLICATIONS for leave to appeal