IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA
P. Kumararatnam, Pradeep Hettiarachchi, JJ
Pelenda Dewage Abesinghe – Appellant
Versus
The Hon.Attorney General – Respondent
Judgment
1. The accused-appellant (hereinafter referred to as the “appellant”) has preferred this appeal against the judgment dated 08.04.2022 of the learned High Court Judge of Gampaha. The appellant was indicted by the Attorney General on three counts, namely:
1. On or about the 9th of January 2006, in Hissalikada, the appellant caused the death of one H.K.S.Dileep Kumara thereby committing an offence punishable under section 296 of the Penal Code.
2. On or about the 09.01.2006, the appellant attempted to murder one V.P.A.R.S.Pathirana thereby committing an offence under section 300 of the Penal Code.
3. On or about the 09.01.2006, the appellant attempted to murder one H.D.P.Kumara, thereby committing an offence under section 300 of the Penal Code.
2. The trial was conducted before the Judge of the High Court without a jury. At the conclusion of the trial, the appellant was found guilty of the first and second counts. Consequently, the learned High Court Judge convicted him and imposed a death sentence for the first count, as well as 15 years of rigorous imprisonment and a fine of Rs. 10,000.00, with a default sentence of 8 months for the second count. Additionally, the appellant was


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