IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an Appeal in terms of Article 154P and Section 331 of the Code of Criminal Procedure Act No 15 of 1979.

Court of Appeal No: Democratic Socialist Republic of Sri Lanka CA/HCC/298/302/2017 COMPLAINANT Vs.

High Court of Kuliyapitiya Case No: HC/263/2001 1. Kachchikaduge Gamini Tissa

2. Hitihamy Appuhamilage Gamini Kinsley Joseph

3. Arampath Piyanlage Thilakarathne

4. Liyana Aarachchilage Thilakarathne

5. Athukoralalage Chandrapala

6. Handun Pathirannahalage Ranjith Pathirathna

7. A. P. Chaminda Wijerathne ACCUSED AND NOW BETWEEN

1. Kachchikaduge Gamini Tissa

2. Hitihamy Appuhamilage Gamini Kinsley Joseph

3. Arampath Piyanlage Thilakarathne (Died pending appeal)

5. Athukoralalage Chandrapala

6. Handun Pathirannahalage Ranjith Pathirathna ACCUSED-APPELLANTS Vs.

The Attorney General, Attorney General’s Department, Colombo 12.

RESPONDENT-RESPONDENT Before : Sampath B. Abayakoon, J.

: P. Kumararatnam, J.

Counsel : Neranjan Jayasinghe with Harshana Ananda for the

01st Accused-Appellant : Indica Mallawaratchy for the 02nd Accused-Appellant : Jagath Abeynayake for the 05th and 06th Accused-

Appellants : Janaka Bandara, D.S.G. for the State Argued on : 06-11-2023 Written Submissions : 10-03-2023 (By the 5th Accused-Appellant)

: 04-06-2018 (By the 6th Accused-Appellant) : 01-06-2018 (By the 1st Accused-Appellant) : 01-06-2018 (By the 2nd Accused-Appellant)

: 10-10-2018 (By the Respondent)

Decided on : 18-03-2024 Sampath B. Abayakoon, J.

This is an action where seven accused were indicted initially before the High Court of Kurunegala. Subsequently, the case has been transferred to the High Court of Kuliyapitiya after the said High Court was established.

Pending the trial, on the basis that the 4th and the 7th accused had passed away, the indictment has been amended. The amended indictment against the remaining accused reads as follows.

1. On 14-08-1996, the accused along with the now deceased Liyana Aarachchilage Thilakarathne and A. P. Chaminda Wijerathne were members of an unlawful assembly with the intention of causing injuries to one Makewita Liyanage Padmasiri, and thereby committed an offence punishable in terms of section 140 of the Penal Code.

2. At the same time and at the same transaction, being members of the said unlawful assembly, causing the death of the earlier mentioned Padmasiri, by assaulting him with the said common object, and thereby committed an offence punishable in terms of section 296 read with section 146 of the Penal Code.

3. At the same time and at the same transaction, being members of the said unlawful assembly and with a common object, caused injuries to one Chaminda Nalin Kumara, and thereby committed an offence punishable in terms of section 314 read with section 146 of the Penal Code.

4. At the same time and at the same transaction, caused the death of the earlier mentioned Padmasiri, and thereby committed the offence of murder punishable in terms of section 296 read with section 32 of the Penal Code.

5. At the same time and at the same transaction, caused injuries to earlier mentioned Nalin Kumara, and thereby committed an offence punishable in terms of section 314 read with section 32 of the Penal Code.

When the charges were read over to the 1st, 2nd, 3rd, 5th, and 6th accused who were the available accused at that time, all of them have pleaded not guilty to the charges and had opted to have a non-jury trial.

After trial, the learned High Court Judge of Kuliyapitiya, pronouncing his Judgement on 08-11-2017 had found the accused guilty to the 1st and the 2nd counts preferred against them, and had acquitted them from the 3rd count. On the basis that the 4th and the 5th count should be considered as alternate counts, the learned High Court Judge has decided not to pronounce an order in relation to the said counts.

The said accused had been sentenced to 6 months each rigorous imprisonment on count 1 and had been sentenced to death on count 2.

It is ag