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2024 Supreme(SRI)(CA) 449

IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA
Sampath B. Abayakoon, P. Kumararatnam, JJ
Geeganage Gamage AmarasirialiasJulampitiya Amare – Appellant
Versus
The Hon. Attorney General – Respondent


Advocates:
U.R. de Silva, P.C. with Savithri Fernando for the Accused-Appellant Wasantha Perera, D.S.G. for the Respondent

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 N

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