IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an Appeal made under Section 331(1) of the Code of Criminal Procedure Act No.15 of 1979, read with Article 138 of the Constitution of the Democratic Socialist Republic of Sri Lanka.

Marasinghe Siriwardenalage Nilantha Kumara APPELLANT Vs.

Court of Appeal No: The Attorney General CA/HCC/0238/20 Attorney General’s Department High Court of Colombo Colombo-12 Case No. HC 1862/2004 RESPONDENT BEFORE : Sampath B. Abayakoon, J.

P. Kumararatnam, J.

COUNSEL : Kasun Chamara Munasinghe for the Appellant.

Sudharshana De Silva, DSG for the Respondent.

ARGUED ON : 12/10/2023 DECIDED ON : 09/02/2024 *******************

JUDGMENT

P. Kumararatnam, J.

The above-named Appellant was indicted along with three other accused by the Attorney General for committing the offences as mentioned below.

1. On or about the 08th of June 2001, at Mattakkuliya, by causing death of Wickramasinghe Arachchige Sumith alias Sunith committed an offence punishable under Section 296 read with Section 32 of the Penal Code.

2. In the course of the same transaction, committed an offence of Robbery of a three-wheeler from the possession of Ponniah Ma