Sampath B. Abayakoon, J.

This is an appeal by the accused-appellant (hereinafter referred to as the appellant) on the basis of being aggrieved of his conviction and the sentence by the learned High Court Judge of Tangalle, where he was sentenced to death among other sentences.

The appellant was indicted before the High Court of Tangalle for committing the following offences.

1. That he being a member of an unlawful assembly together with several others on or about 15-06-2012, at Katuwana within the jurisdiction of the High Court of Tangalle, with the common object of causing injuries to others, committed the offence of unlawful assembly punishable in terms of section 140 of the Penal Code.

2. At the same time and at the same transaction, the said members of the unlawful assembly caused the death of one Edirimannage Malini in order to fulfill the common object of the said assembly, and the appellant being a member of the said unlawful assembly, committed the offence of murder punishable in terms of section 296 read with section 146 of the Penal Code.

3. At the same time and at the same transaction, the said members of the unlawful assembly caused the death of one Jayasekara Pathiranage Nimantha Heshan in order to fulfill the common object of the said assembly, and the appellant being a member of the said unlawful assembly, committed the offence of murder punishable in terms of section 296 read with section 146 of the Penal Code.

4. At the same time and at the same transaction, the said members of the unlawful assembly caused grievous injuries to one Neththasinghe Liyanage Sujith Tharanga in order to fulfill the common object of the said assembly, and the appellant being a member of the said unlawful assembly, committed the offence of grievous hurt punishable in terms of section 316 read with section 146 of the Penal Code.

5. At the same time and at the same transaction, the said members of the unlawful assembly caused mischief valued at Rs. 52,000/- to property belonging to one Neththasingliyanage Ranjith, and the appellant being a member of the said unlawful assembly, committed the offence of mischief punishable in terms of section 410 read with section 146 of the Penal Code.

6. At the same time and at the same transaction, the appellant together with some others unknown to the prosecution, caused the death of one Edirimannage Malini, and thereby committed the offence of murder punishable in terms of section 296 read with section 32 of the Penal Code.

7. At the same time and at the same transaction, the appellant together with some others unknown to the prosecution, caused the death of one Jayasekara Pathiranage Nimantha Heshan, and thereby committed the offence of murder punishable in terms of section 296 read with section 32 of the Penal Code.

8. At the same time and at the same transaction, the appellant together with some others unknown to the prosecution, caused grievous injuries to one Neththasinghe Liyanage Sujith Tharanga, and thereby committed the offence of grievous hurt punishable in terms of section 316 read with section 32 of the Penal Code.

9. At the same time and at the same transaction, the appellant together with some others unknown to the prosecution, caused mischief valued at Rs. 52,000/- to property belonging to one Neththasingliyanage Ranjith, and thereby committed the offence of mischief punishable in terms of section 410 read with section 32 of the Penal Code.

After trial without a jury, the learned High Court Judge of Tangalle of his judgment dated 07-11-2019 found the appellant guilty as charged.

Accordingly, he was sentenced to a period of 6 months rigorous imprisonment on count 1, and in addition, was ordered to pay a fine of Rs. 5,000/- with a default sentence of 3 months simple imprisonment.

He was sentenced to a period of 7 years rigorous imprisonment in relation to the 4th count preferred against him, and was ordered to pay a fine of Rs. 10,000/-

with a default sentence of 6 months simple imprisonment.

In relati