[COURT OF CRIMINAL APPEAL]

1950 Present: Jayetileke C.J. (resident), Dias S.P.J., Gunasekera J.,
Pulle J. and Swan J.

REX v. JINADASA

APPEAL ARISING OUT OF APPLICATION 66 OF 1950

S. C. 28-M. C. Matara, 14,167

Court of Criminal Appeal-Evidence-Confession-Investigation under section 122 of Criminal Procedure Code-How much of information received from accused may be proved-Admissibility of statement leading to discovery of relevant fact-Difference in admissibility between oral statement of accused and his recorded statement-Evidence Ordinance (Cap. 11), ss. 27, 91-Criminal Procedure Code (Cap. 16), ss. 122 (3)-Court of Criminal Appeal Ordinance, No. 23 of 1938, Proviso to s. 5 (1).

A was charged with the murder of B. The evidence against him was circumstantial. The mistress of B stated that at about dusk on the day in question the appellant, A, came to her house and took away a katty which the medical evidence conclusively proved was the weapon with which B was killed. At about 9 or 9.30 p.m. A returned to her house without the katty. The next morning A gave certain information to the Police which led to the discovery of the body in a stream.