IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an Appeal in terms of section 331 (1) of the Code of Criminal Procedure Act No. 15 of 1979.

Court of Appeal No: The Hon. Attorney General, CA/HCC/0360/2018 Attorney General’s Department, Colombo 12.

COMPLAINANT Vs.

High Court of Kegalle 1. Kankanamalage Dumith Chandana Case No: 2607/2007 Dharmasena

2. Hetti Kankanamalage Kapila Mohan Wickramanayake

3. Nishshanka Pedige Jayathissa alias N.P.

4. Babaradeniya Aacharige Nishshanka Senarathne

5. Nishshanka Arachchilage Dharshana Shamika Prasad Ariyarathne

6. Weerasinghe Bandarage Indika Weerasinghe

7. Yatala Pallewala Gedara Mahesh Chaminda Suraweera

8. Garagodage Kokila Premalal Jayarathne alias Upali

9. Senanayakage Indika Ruwan ACCUSED AND NOW BETWEEN Senanayakage Indika Ruwan ACCUSED-APPELLANT Vs.

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

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

: P. Kumararatnam, J.

Counsel : Saliya Pieris, P.C. with Pasindu Thilakarathna and Nisal Hennadige for the Accused-Appellant : Dishna Warnakula, D.S.G. for the Respondent Argued on : 09-08-2024 Written Submissions : 02-10-2019 (By the Accused-Appellant)

: 03-12-2019 (By the Respondent)

Decided on : 25-10-2024 Sampath B. Abayakoon, J.

Nine accused persons including the 9th accused-appellant (hereinafter referred as the appellant) were indicted before the High Court of Kegalle for committing the following offences.

1. That they conspired on or about 24-03-2000 at a place called Narangoda, Bogala Pathala within the jurisdiction of the High Court of Kegalle to commit the offence of robbery of money belonging to Bogala Graphite Limited amounting to Rs. 1,900,000/- using firearms and committed the said offence of robbery as a result, and thereby committed an offence punishable in terms of the section 113B, 102 and 380 of the Penal Code read with section 44(a) of the Firearms Ordinance as amended by Firearms (Amendment) Act No. 22 of 1966.

2. At the same time and at the same transaction, the said accused persons committed the offence of robbery of a sum of Rs. 1,900,000/- and a jeep numbered 31ᮅ㮡-1183 belonging to Bogala Graphite Limited from the possession of Sooriyakumara Yatigammana, using firearms and thereby committed the offence of robbery punishable in terms of the sections 380 of the Penal Code read with section 44(a) of the Firearms Ordinance as amended by Firearms (Amendment) Act No. 22 of 1966.

The trial has proceeded against the 8th accused indicted in his absence in terms of section 241 of the Code of Criminal Procedure Act.

After trial, the learned High Court Judge of Kegalle found the appellant guilty as charged of his judgment dated 12-12-2018. The 1st to 8th accused were acquitted on the basis that the prosecution has failed to prove the charges against them beyond reasonable doubt.

After allowing the appellant to plead in mitigation and also having listened to the prosecution as to the aggravating circumstances, the learned High Court Judge has sentenced the appellant to life imprisonment on count 01. He was also ordered to pay a fine of Rs. 5000/-, and in default, sentenced to a period of 3 months simple imprisonment.

On count 2, he was again sentenced to life imprisonment and was also ordered to pay Rs. 5000/-with a default sentence of 3 months simple imprisonment.

Being aggrieved of the said conviction and the sentence, the appellant preferred this appeal.

Facts in Brief This is an incident where the office premises of the Bogala Graphite Limited were robbed by a group of robbers in the early hours of 24-03-2000. The group who entered the said premises has unarmed and tied the security officers stationed there and had entered the office premises where a sum of Rs. 1,900,000/- was kept in an iron safe to pay the salaries of the workers on the following day. They have removed the iron safe from the office premises and had loaded it into the jeep numbered 31ᮅ㮡-1183 belonging to the fact