Judgment

1. This is an appeal by the accused–appellant (hereinafter referred to as “the Appellant”) against the judgment dated 29.03.2012 delivered by the learned High Court Judge of Badulla. When the appeal was taken up for argument, the learned Deputy Solicitor General (DSG) appearing for the State raised a preliminary objection as to the maintainability of the appeal, on the ground that the petition of appeal had been lodged on 23.09.2021, almost nine years after the delivery of the judgment.

Background to the appeal:

2. The Appellant was indicted before the High Court of Badulla for committing the murder of W. M. Lalani Renuka on or about 14.05.2002. On 25.11.2005, the indictment was served on the Appellant, and upon it being read out, he pleaded not guilty to the charge. At the request of the Appellant, the trial was initially fixed to be heard without a jury before the High Court Judge.

3. However, on 11.07.2006, an application was made by the Appellant to have the case tried before a jury, which application was allowed by the learned High Court Judge. Accordingly, the trial was fixed for 05.02.2007. On that date, however, the trial was postponed as the learned High Court Judge was on leave.

4. The trial was rescheduled for 25.06.2007 but was postponed again due to the absence of the witnesses. The case was thereafter postponed on several occasions for various reasons, and finally, the trial was rescheduled for 12.02.2009.

5. However, on that date, the accused was not present, and accordingly, the Court issued a warrant for his arrest. Thereafter, the Appellant failed to appear before the Court, and after the necessary steps were taken under section 241 of the Code of Criminal Procedure Act, the Appellant was tried in absentia. At the conclusion of the prosecution’s case, the learned Trial Judge convicted the Appellant and sentenced him to death.

6. Thereafter, an open warrant was issued as the Appellant continued to abscond. The Appellant never surrendered to the Court. He was later arrested by the police and produced before the Magistrate of Bandarawela, and subsequently produced before the High Court of Badulla on 09th September 2021. On that date, the learned High Court Judge read out the judgment to the Appellant, who was not represented by an Attorney-at-Law on that day.

7. It is section 331 of the Code of Criminal Procedure Act, which sets out the appeal procedure.

Section 331 of the Code of Criminal Procedure Act and section reads as follows:

331 (1) An appeal under this Chapter may be lodged by presenting a petition of appeal, or application for leave to appeal to the Registrar of the High Court within fourteen days from the date when the conviction, sentence or order sought to be appealed against was pronounced: Provided that a person in prison may lodge an appeal by stating within the time aforesaid to the jailer of the prison in which he is for the time being confined his desire to appeal and the grounds therefore and it shall thereupon be the duty of such jailer to prepare a petition of appeal and lodge it with the High Court where the conviction, sentence or order sought to be appealed against was pronounced.

(2) In computing the time within which an appeal may be preferred, the day on which the judgment or final order appealed against was pronounced shall be included, but all public holidays shall be excluded. In terms of the above provisions, the petition of appeal has to be lodged with the Registrar of the High Court within fourteen days from the date when the conviction, sentence or order sought to be appealed against was pronounced.

8. In terms of the above provisions, the petition of appeal has to be lodged with the Registrar of the High Court within fourteen days from the date when the conviction, sentence or order sought to be appealed against was pronounced. The following authorities are of particular relevance to the manner in which the appeal period is calculated.

9. In the case of Haramanis Appuhamy vs Inspe