[ASSIZE COURT]

1953 Present: Gratiaen J.

THE QUEEN v. M. SATHASIVAM

S. C. 1 Western Circuit -M. C. Colombo South, 38,682
 

Evidence Ordinance-Sections 8 (1), (2), 11 and 32 (1)-Statements made by a deceased person-Admissibility-Motive-Conduct-Evidence of trifling weight but gravely prejudicial to accused-Propriety of excluding it.

Accused was charged with murdering his wife. The prosecution sought to produce as part of its case a letter which the deceased had, in anticipation of the accused's return to Ceylon from abroad, written to a third party. The letter, however, amounted at best to mere general expressions indicating fear or suspicion of the accused and not directly related to the occasion of the death of the deceased.

Held, (i) that the letter was not admissible under section 32 (1) of the Evidence Ordinance.

(ii) that the letter was not admissible to prove motive for the crime, under section 8 (1) of the Evidence Ordinance, or to prove conduct on the part of the deceased, under section 8 (2) read with section 11, unless, in the former case, there was independent evidence that the allegations in the letter had induced r