JUDGEMENT

B. Sasi Mahendran, J.

The Accused Appellant (herein after referred to as “the 2nd and 3rd Accused) was indicted together with Kachchakaduwe Pradeep Chaminda Sumith, who is dead (1st Accused), before the High Court of Chillaw for the alleged murder of one Dehiwattage Ajith Shantha Kumara, which is punishable under Section 296 read with Section 32 of the Penal Code.

The Prosecution led the evidence through nine witnesses and marking productions from P1 to P2, and thereafter closed its case. The Accused, in their defence, made dock statements. At the conclusion of the trial, the Learned High Court Judge, by judgment dated 01.12.2015, found both Accused guilty of murder and imposed the death sentence.

Being aggrieved by said judgment and sentence, this appeal was preferred by the 2nd and 3rd Accused. The following Grounds of Appeal were urged by the counsel for the Accused.

1. Learned Trial Judge failed to comply with Section 48 of the Judicature Act relating to the adoption of proceedings.

2. Evidence of the sole eye-witness wholly conflicts with the evidence of PW 2 and police evidence with regard to the crime scene, thereby creating a serious doubt in the version of the eye-witn