Pradeep Hettiarachchi, J

Judgment

1. The 1^st and 8^th Accused – Appellant (hereinafter the refer to as the Appellant) were indicted before the High Court of Kaluthara on 3 counts. Namely,

a. On or about 24th March 2003, within the jurisdiction of this Court and in Southern Kalutara, the persons above-named being the members of an unlawful assembly acting in furtherance of a common intention to commit the death of one Mohamed Farisz committed an offence punishable under section 140 of the Penal Code.

b. In the same course of conduct and as part of the same transaction, the persons above-named, being a member/members of the aforesaid unlawful assembly, caused the death of Mohamed Farisz and such offence was committed in furtherance of the common intention shared by the aforesaid unlawful assembly or in the alternative, the said members of the said unlawful assembly were at least aware that such offence was likely to be committed in pursuance of the said common intention; the persons above named, being the members of an unlawful assembly, have thereby committed murder punishable under section 146 read with section 296 of the Penal Code.

c. In the same course of conduct and as part of the s