[COURT OF CRIMINAL APPEAL]

1952 Present: Gunasekara J. (President), Pulle J. and
L. M. D. de Silva J.

L. H. SOYSA, Appellant, and THE QUEEN, Respondent

 APPEAL 61 WITH APPLICATION 89 OF 1952

S. C. 30-M. C. Kurunegala, 5,687
 

Charge of murder-Plea of self-defence--Right of private defence exceeded-Proper direction to jury-Penal Code, s. 294, Exception 2-Jury's rider recommending mercy-Effect on reasonableness of verdict.

Appellant, who was convicted of murder, gave evidence at the trial stating that he had killed the deceased in self-defence. As regards the second exception to section 294 of the Penal Code, the presiding Judge directed the jury that if the accused exceeded the right of private defence he was guilty of culpable homicide not amounting to murder. It was contended for the appellant that the jury should also have been directed to consider whether the appellant had acted without any intention of doing more harm than was necessary for the purpose of such defence, and that the omission of such a direction made the direction that was given a misdirection.

Held, that there was no misdirection. On the contrary the direction