Judgment

1. In this case, the accused–appellant (hereinafter referred to as “the appellant”) was indicted for the murder of his wife, Mudiyanselage Chandrawathie, an offence punishable under Section 296 of the Penal Code. The trial was conducted before the learned High Court Judge of Badulla without a jury, and at the conclusion thereof, the appellant was found guilty of the charge. Accordingly, the learned High Court Judge convicted the appellant and imposed a death sentence on him. It is against the said conviction andsentence, theAppellant has preferred theinstant appeal.

2. Although several grounds were urged by the appellant in his petition of appeal, at the stage of argument the appellant confined his challenge to a single argument, namely, that the Appellant had not entertained a murderous intention at the time of assaulting the deceased. The appellant’s case, therefore, turns essentially on the question of intention,and itis thisissuethat now falls fordetermination.

3. The sole question that arises for consideration in this appeal is whether, at the time of assaulting the deceased, the appellant entertained the murderous intention necessary to sustaina conviction for theoffenc