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2025 Supreme(SRI)(CA) 374

IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA
B. Sasi Mahendran, Amal Ranaraja, JJ
Democratic Socialist Republic of Sri Lanka – Appellant
Versus
Bulathwaththage Dharmasena – Respondent


Advocates:
Nalin Ladduwahetty PC with Kavithri Hirusha Ubeysekera for the Accused Appellant Suharshi Herath, DGS for the Respondent

JUDGEMENT

The Accused- Appellant (hereinafter referred to as the Accused) was indicted before the High Court of Matara on the charge of committing the offence of attempt to murder one Bulawattage Chandrasena on 11.11.2012, punishable under Section 300 of the Penal Code.

The Prosecution led the evidence through eight witnesses and marking productions from P1 to P2, and thereafter closed its case. The Accused, in his defence, gave evidence in the witness box and called one witness.

At the conclusion of the trial, the Learned High Court Judge, by a judgment dated 22.11,2017, found the accused guilty of attempting to murder. Accordingly, the Learned High Court judge imposed 8 years of rigorous imprisonment with a fine of Rs. 1000/- and in default term of one-month simple imprisonment. Furthermore, compensation in the sum of Rs. 200,000 carries in default term of 01-year simple imprisonment.

Being aggrieved by said judgment and sentence, this appeal was preferred by the Accused.

The following Grounds of Appeal were urged by the counsel for the Accused.

1. The Learned High Court Judge misdirected himself in Law and, in fact, in analyzing the evidence placed before the Court during the trial

2.

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