Introduction

1. This appeal is preferred against the Judgment dated 08.03.2023 of the learned High Court Judge of the High Court of Ratnapura in case No. HCR/25/2019. However, when this matter is taken up for argument on 04.11.2024, the learned Counsel for the appellant, Mr. Amila Palliyage informed Court that the Appeal will be limited to the sentence only and would not pursue with the appeal against the conviction. Upon the appeal against the conviction was so abandoned, the matter was taken up for argument as regards the sentences.

2. The learned Counsel for the appellant submitted that there was a disparity of the sentence between the 2nd accused-appellant and the 1st accused.

Facts

3. The 2^nd accused-appellant with another (the 1^st accused) were indicted with two counts based on common intention for committing the offences of abduction of PW-1, Thyagarajah Sathyakumar punishable under Section 358 of the Penal Code and with the 2nd count of attempted murder of the said Sathyakumar punishable under Section 300 of the Penal Code. Both counts alleged that the said offences were committed along with persons unknown to the prosecution.

4. The brief facts of the incident as narrated by PW