[COURT OF CRIMINAL APPEAL]

1950 Present : Gratiaen J. (President), Gunasekara J. and Swan J.

THE KING- v. ASIRVADAN NADAR

Application 25 of 1950

S. C. 32-M. C. Kanadulla, 3,912

Court of Criminal Appeal-Evidence Ordinance, Section 32 (1)-" Dying deposition "-Duty of Court to caution Jury-Requirement of corroborative evidence-Manner of recording dying deposition-Criminal Procedure Code, Section 298
(2).

Where, in a trial for murder, the " dying deposition " of the deceased was led in evidence against the accused under section 32 (1) of the Evidence Ordinance-

Held, that it was imperative that the Jury should have been adequately cautioned that, when considering the weight to be attached to the statements contained in the dying deposition, they should appreciate that the statements of the deponent had not been tested by cross-examination.

Held further, (i) that the attention of the Jury should have been specifically drawn to the question how far the other facts and surrounding circumstances proved in evidence might be said to support the truth or otherwise of the deposition.

 (ii) that whenever Magistrates are called upon to record