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.

The Attorney General Attorney General’s Department Colombo-12 COMPLAINANT Court of Appeal Case No: Liyanage Susil Prematilaka alias CA/HCC /0334/2019 Thilaka High Court of Gampaha Case No. HC/49/2008 ACCUSED AND NOW BETWEEN Liyanage Susil Prematilaka alias Thilaka ACCUSED-APPELLANT Vs.

The Attorney General Attorney General’s Department Colombo-12 COMPLAINANT-RESPONDENT BEFORE : Sampath B. Abayakoon, J.

P.Kumararatnam, J.

COUNSEL : Nihara Randeniya for the Appellant.

Dilan Ratnayake, ASG for the Respondent.

ARGUED ON : 03/05/2024 DECIDED ON : 02/08/2024 ***************************

JUDGMENT

P. Kumararatnam, J.

The above-named Accused-Appellant (hereinafter referred to as the Appellant) was indicted in the High Court of Gampaha under Section 296 of the Penal Code for committing the murder of Adikari Arachchige Ariya Nandani Perera on or about 21^st February 2005.

The trial commenced before the High Court Judge of Gampaha as the