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2024 Supreme(SRI)(CA) 147

IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA
MenakaWijesundera, Wickum A. Kaluarachchi, JJ
Edirisinghe Peruma Arachchilage Sanjeewa Nishantha alias Kasthuri – Appellant
Versus
Hon. Attorney General – Respondent


Advocates:
U. R. De Silva P.C. with Savithri Fernando and Pradeepa Kaluarachchi for the 1st Accused-Appellant. Chathura Amarathunga for the 3rd Accused-Appellant. Anuja Premaratne, P.C. with Nayana Dissanayake and Natasha De Alwis for the 4th Accused-Appellant. Azard Navavi, S.D.S.G. for the State.

MENAKAWIJESUNDERA J.

The instant appeal has been filed of set aside the judgment dated 15.07.2014 of the High Court of Nuwara-Eliya.

In the High Court, seven accused had been indicted under sections 140,104- 435,146-296,146-382 of three charges, 146-383 and in the alternative on the basis of common intention the same charges of murder, 382 and 383 of the Penal Code.

Out of the seven accused who had been indicted, the second and the fifth had been absconding and they were tried in absentia.

At the end of the trial, the learned trial judge found the 1st to the 5th accused guilty for all the charges based on common object.

Hence, being aggrieved by the said judgment the instant appeal has been filed by the 1st 3rd and the 4th accused appellants. (appellants).

The grounds of appeal raised by the 1st appellant were that,

1) The evidence of the identification parades held not being adequately considered,

2) The evidence in entirety not being properly considered,

The ground of appeal raised by the 3rd appellant was that,

1) Identification of the 3rd appellant not being reliable.

The grounds of appeal raised by the 4th appellant were that,

1) Non evaluation of the identification of the 4th appellant,

2

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