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2024 Supreme(SRI)(CA) 227

IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA
MENAKA WIJESUNDERA, WICKUM A. KALUARACHCHI, JJ
Kok Nuwan Silwa Alias Rathuwa and Nammuni Arachchilage Kalana Wijemal Silva – Appellant
Versus
Hon. Attorney General – Respondent


Advocates:
Sahan Kulatunga for the 1st Accused-Appellant. Sachithra Harshana for the 2nd Accused-Appellant. Dileepa Pieris, S.D.S.G. for the Respondent.

WICKUM A. KALUARACHCHI, J.

The first and the second accused-appellants were indicted in the High Court of Chilaw for committing the murder of one Mihindukulasuriyalage Chaminda Saman Kumara on or about 15th November 2011 in Dunkannawa, Naththandiya, an offence punishable under Section 296 of the Penal Code. After trial, the learned High Court Judge convicted both accused-appellants for the offence of murder and imposed the death sentence on them. This appeal is preferred by the accused-appellants against the said convictions and sentences.

Prior to the hearing, written submissions were filed on behalf of all parties. At the hearing of the appeal, the learned Counsel for the first accused-appellant, the learned Counsel for the second accused- appellant and the learned Senior Deputy Solicitor General for the respondent made oral submissions.

In brief, the prosecution case is as follows:

At the time of the incident, the deceased Chaminda Saman Kumara resided in Dunkannawa village situated in Naththandiya. On the day of the incident, PW-4, a resident of the same area and a three-wheeler driver, was in the three-wheeler park at the time of the incident. He stated in his testimony that he sa

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