1946 Present : Dias J.

PERERA, Appellant, and JIRASINGHE ( S. I. Police ),
Respondent.

1,038 - M. C. Gampaha, 31,685.

Evidence - Statements of a deceased person not relating to the cause of his death or to any of the circumstances of the transaction which resulted in his death - Admissibility - Evidence Ordinance, s. 32 (1).

Statements made by a person who is dead are inadmissible in evidence under section 32 (1) of the Evidence Ordinance when they do not refer to the cause of his death or when they do not relate to any of the circumstances of the transaction which resulted in his death.

APPEAL against a conviction from the Magistrate's Court, Gampaha.

H. W. Jayewardene, counsel for the accused-appellant,

J. G. T. Weeraratne, C.C., for the Attorney - General.

October 28, 1946. DIAS J.-

Although this is a comparatively trivial case, the question of law raised by Mr. Jayewardene, counsel for the accused-appellant, is one of importance and substance.

The accused was charged with causing simple hurt ( section 314 ) to a batgama duraya man called H. P. Jundiya. It appears that on March 9, 1946, the accused was in a boutique when this so