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2025 Supreme(SRI)(CA) 429

IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA
P. Kumararatnam, Pradeep Hettiarachchi, JJ
Angodage Janaka Sarath Kumara – Appellant
Versus
Hon. Attorney General – Respondent


Advocates:
Ershan Ariaratnam for the Accused – Appellant. Hiranjan Peiris, ASG for the Respondent.

Pradeep Hettiarachchi, J

Judgment

1. The Accused–Appellant (hereinafter referred to as the Appellant) was indicted before the High Court of Ratnapura along with one Hathwelthotage Randika (the 2nd Accused) under Sections 102 and 113B read with Section 296 of the Penal Code, for abetting and conspiring to commit the murder of Rajapakshalage Gamini Rajapakshalage alias Shantha, and for committing the murder of the said Gamini Rajapaksha, an offence punishable under Section 296 of the Penal Code.

2. The 2nd Accused was also indicted for aiding and abetting the Appellant in committing the murder of Gamini Rajapaksha.

3. The learned High Court Judge acquitted the 2nd Accused of all charges. The Appellant, however, was convicted on the second count and sentenced to death. This appeal has been preferred against the said conviction and sentence. The prosecution case rested solely on circumstantial evidence.

4. On behalf of the prosecution, nine witnesses, namely PW1, PW2, PW3, PW4, PW8, PW9, PW12, PW13, and PW16, testified at the trial. The Appellant and the 2nd Accused opted to make dock statements.

5. In the appeal, the following grounds were urged by the Appellant in impugning the judgment o

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