[COURT OF CRIMINAL APPEAL]

1952 Present : Nagalingam S.P.J. (President), Gratiaen J. and Pulle J.
MENDIS et al, Appellants, and THE QUEEN, Respondent

APPEALS Nos.76-77 WITH APPLICATIONS Nos. 116-117

S. C. 12-M.C. Balapitiya, 66,743

Charge of murder-Evidence of injury by club blow-Supervening toxaemia causing death-Criminal responsibility of accused-Extent of his criminal liability- " Sufficient in the ordinary course of nature to cause death "-Penal Code, s. 293, Explanation 2, and s. 294, Clause 3.

Where toxaemia supervened upon a compound fracture which resulted from a club blow inflicted by the accused and the injured person died of such toxaemia-

Held that as the injured man's death was not immediately referable to the injury actually inflicted but was traced to some condition which arose as a supervening link in the chain of causation, it was essential in such cases that the prosecution should, in presenting a charge of murder, be in a position to place evidence before the Court to establish that " in the ordinary course of nature " there was a very great probability (as opposed to a mere likelihood) (a) of the supervening condi