Queen, The V. Vincent Fernando

[IN THE COURT OF CRIMINAL APPEAL]

1963 Present : Basnayake, C. J. (President), Herat, J.,
and Abeyesundere, J.

THE QUEEN v. S. VINCENT FERNANDO and 2 others

APPEALS Nos. 4, 5 AND 6 OF 1962, WITH APPLICATIONS Nos. 4, 5 AND 6

S. C. 78-M. C. Negombo, 2,686

Trial before Supreme Court-Inspection of scene of offence by jury-Procedure- Illegality of recording evidence at the scene-Criminal Procedure Code, ss. 153, 238-Courts Ordinance, ss. 52, 53, 85.

In a trial before the Supreme Court the recording of evidence at the place where the offence was committed is illegal and not warranted by the provisions of section 238 of the Criminal Procedure Code. Nor is it proper for the jury to be taken from place to place during the inspection.

Evidence Ordinance-Section 32-Statement of deceased person as to the cause of his death-Weight to be attached to it-Misdirection.

It would be a misdirection to tell the jury that the statement of a deceased person as to the cause of his death which is admissible Under section 32 of the Evidence Ordinance as a relevant fact is diminished in weight by the absence of cross-examination or that it is an

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