IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an Appeal to the Court of Appeal against the Judgment and the Order dated 26th April 2024 of the High Court of Anuradhapura in terms of Section 331 of the Code of Criminal Procedure Act No.15 of 1979 as amended.

Court of Appeal Case No:

CA /HCC/ 292-295/2024 High Court of Anuradhapura HC 43/2005 Attorney General Attorney General's Department, Colombo 12. Complainant V.

1. Kohona Koralalage Chandraratna Bandara

2. Konara Mudiyanselage Nihal Premasiri Konara

3. Gane Thele Gedara Tissa Bandara

4. Rajapaksha Mudiyanselage Ranaraja Bandara

5. Yagama Liyanage Somaratna

6. Thepuwanasinghe Mudiyanselage Mayurasena

7. Kohona Koralalage Dayaratne Bandara

8. Rate Ralalage Senarath Bandara Madewela

9. Polwattage Jayaratna

10. Athukorala Kodituwakku Ramyasiri

11. Winnie Mudiyansege Bertie Samarasinghe

12. Senarath Mudalige Ajith Sisira Kumara

13. Konaratna Mudiyanselage Lakmini Wijebandara Accused Konara Mudiyanselage Nihal Premasiri Konara

2nd Accused-Appellant Rajapaksha Mudiyanselage Ranaraja Bandara

4th Accused-Appellant Yagama Liyanage Somaratna

5th Accused-Appellant Rate Ralalage Senarath Bandara Madewela

8th Accused-Appellant V.

Attorney General Attorney General’s Department Colombo 12 Complainant-Respondent Before : B. Sasi Mahendran, J.

Amal Ranaraja, J Counsel: Neranjan Jayasinghe with Randunu Heellage and Imangsi Senarath for the 2nd and 8th Accused- Appellant Shavindra Fernando, PC with Thivanka Attygalle, Nipun Samaratunga and Natasha Wijayasekara for the 4th Accused-Appellant Priyantha Nawana, PC with Ravihansa Wijesinghe for the 5th Accused-

Appellant Y. Abeywickrema, D.S.G. for the Respondent Written Submission: 08.05.2025 (by the 4th Accused Appellant)

On 08.05.2025 (by the 5th Accused-Appellant))

30.04.2025 (by the 8th Accused-Appellant)

07.07.2025 (by the Respondent)

Argued On : 31.072025 Judgment On: 10.09.2025 JUDGMENT B. Sasi Mahendran, J.

Thirteen individuals, including the 2nd, 4th, 5th, and 8th Accused-Appellants, were indicted before the High Court of Trincomalee on 37 charges. The case was subsequently transferred to the High Court of Anuradhapura. At the time the indictment was served, the 7th Accused had passed away. A trial in absentia was ordered for the 1st Accused. Pursuant to an application made by the Attorney General under Section 194(1) of the Criminal Procedure Code, the 9th to 13th Accused were acquitted.

The Prosecution presented evidence from 36 out of the 78 listed witnesses and tendered documents and productions marked P1 through P28 before closing its case. Subsequently, the Defence was invited to present its case, during which the 2nd, 3rd, 4th, 5th, 6th, and 8th Accused made dock statements and called two witnesses in support of their defence.

Upon conclusion of the trial, the Learned High Court Judge delivered judgment on 26th April 2024. The 1st, 2nd, 4th, 5th, and 8th Accused were found guilty on the first count of the indictment and were accordingly sentenced to life imprisonment. They were acquitted of all remaining charges. Additionally, the 3rd and 6th Accused were acquitted of all counts in the indictment.

Being aggrieved by the said conviction, the Accused have preferred an appeal to this Court, setting out the following grounds in support of their challenge.

1. Judgment is against the weight of evidence and is contrary to the law

2. The High Court Judge erred in law by receiving evidence on a faulty indictment, on two separate unlawful assemblies contrary to the rules of joinder of charges

3. The High Court Judge erred in law by convicting the appellant when there was no evidence in relation to the constitution of an unlawful assembly

4. The High Court Judge misdirected himself and erred in law by his failure to apply the legal principles in relation to elements of unlawful assembly

5. The High Court Judge failed to consider and erred in law, as the prosecution had failed to lead evidence of unlawful assembly

6. The High Court Judg