[COURT OF CRIMINAL APPEAL.]

1946 Present : Keuneman S. P. J. (President), Wijeyewardene
And Jayetileke JJ.

THE KING v. KIRINELIS.

Application 162 of 1946.

S. C. 27-M. C. Colombo, 8,673.

Charge of murder-Plea of self-defence-Right of self-defence exceeded-Proper direction relating to culpable homicide not amounting to murder-Duty of Court to explain special nature of ? intention ? in Penal Code, 8. 294, Exception 2.

The intention which referred to in section 294, Exception 2, of the Penal Code is a special kind of intention and should be explained to the Jury. In order to earn the clemency of the exception the harm caused must have been caused solely with the intention of private defence.

APPLICATION for leave to appeal against a conviction in a trial before the Supreme Court.

F. A. Hayley, K. C. (with him K. A. P. Rajakaruna and S. Saravanamuttu), for the accused, applicant.

H. A. Wijemanne, C. C., for the Crown.

October 1, 1946. KEUNEMAN S. P. J.-

The accused was convicted of murder. The principal matter argued in this application was whether the learned trial Judge gave a proper direction to the Jury. The defence of the accused wa