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2025 Supreme(SRI)(CA) 184

IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA
B. Sasi Mahendran, Amal Ranaraja, JJ
Akurugoda Gamage Upendra and others – Appellant
Versus
The Hon. Attorney General – Respondent


Advocates:
Charith Calhena for the 1st - 4th Accused-Appellants Maheshika Silva, DSG For the Complainant- Respond

JUDGMENT

B. Sasi Mahendran, J.

The Accused- Appellants (hereinafter referred to as the Accused) were indicted before the High Court of Kalutara for committing the offence of murder of one Hettige Premajiwa alias Ranji on 23.06.2007 punishable under Section 296 read together with Section 32 of the Penal Code as amended.

The Prosecution led the evidence through eleven witnesses and marking productions from P1 to P6 and thereafter closed its case. The Accused gave evidence from the dock and called one witness in defence. At the conclusion of the trial, the Learned High Court Judge by judgment dated 07.09.2020, found the Accused guilty of murder and imposed the death sentence.

Being aggrieved by the afore-mentioned conviction and the sentence, the Accused has preferred this appeal to this Court.

The grounds of appeal as urged by the Accused are as follows;

1. The High Court has not considered the contradictions in the prosecution case

2. The Court did not properly consider the defence case.

3. The Learned High Court Judge has not properly considered the weaknesses and the non-credibility of the Prosecution witnesses.

4. The order was given in contradiction to the evidence placed before the Co

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