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 read with Article 138 of the Constitution of the Democratic Socialist Republic of Sri Lanka.

The Democratic Socialist Republic of Sri Lanka.

Court of Appeal Case No.

CA/HCC/0066/2018 Complainant High Court of Colombo Case No. HC/6098/2012 Vs.

Liyanthanthrigamage Nalin Chaminda.

Accused AND NOW BETWEEN Liyanthanthrigamage Nalin Chaminda.

Accused-Appellant Vs.

Hon. Attorney – General, Attorney General’s Department, Colombo 12. Respondent BEFORE : MENAKA WIJESUNDERA, J K.M.G.H. KULATUNGA, J COUNSEL : Kaneel Maddumage with Praveen Premathilake and Narthana Wevita for the Accused-Appellant. Disna Warnakula, DSG for the Respondent.

ARGUED ON : 08.10.2024 DECIDED ON : 03.12.2024 K.M.G.H. KULATUNGA, J.

1) The appellant in this case was indicted on a charge of murder by causing the death of one Mohotti Arachchilage Sugathapala alleged to have been committed on the 13^th of May 2008 at Grandpass Colombo. The trial court mainly on the basis of the evidence held that the testimony of PW-1 Makolage Seelawathie is credible and trustworthy with regard to the guilt of the appellant and convicted the Appellant of the offence of murder as charged and sentenced him to death. This appeal is preferred against the said judgement dated 13^th May 2008 of the High Court Judge of Colombo.

Background Information

2) The main evidence emanated from PW1 Seelawathie the deceased’s widow who was known and related to the accused- appellant. The witness and appellant lived in the same congested tenements at Weligoda in the Grandpass area. According to Seelawathie her husband was killed on the night of 13^th of May 2008. This incident was preceded by another incident between the accused-appellant and the daughter in law of the witness. A son of PW-1 was married to a daughter of the appellant’s grandmother. The 1st witness identifies (in an uncertain manner) that her daughter-in-law’s name is Somawathi and refers to her as ‘Sudu.’ When the events in question occurred, the witness’s son was dead.

3) The accused-appellant and Seelawathie appears to have resided in houses close to each other. The accused-appellant had got into an argument with his mother on the 12th of May 2008, and once more on the 13th of May, when the deceased had intervened and told the accused-appellant not to come to his house and create trouble, following which, there had been an exchange of words between the deceased and the accused-appellant.

4) Then around 8 p.m., the accused-appellant had attacked PW-1’s daughter-in-law, causing an injury to her hand. The Deceased had intervened to stop this attack. PW-1’s daughter-in-law has then been taken to the Colombo General Hospital by her mother. Somawathie also states that the accused-appellant also did go to the hospital to treat an injury to him but she was not sure as to how the injury was sustained. However, during cross- examination, it was said that the injuries were due to an attack from a cleaver (“manna knife”) by the accused-appellant’s brother.

5) Then around 10:15 p.m, when Somawathie happened to be taking to a friend named “Reeta Amma” near the gate of Reeta Amma’s house, she had seen the accused-appellant run towards their house with a club in his hands. Somawathie had then shouted out to her husband to run; her husband then ran towards a tea boutique along the road and PW-l Somawathie ran through the gardens of the houses in the same direction. Then at one-point Somawathie had seen the accused-appellant dealing one blow on her husband with a club. It was also submitted that there was sufficient light at the place of the incident and no one except the accused-appellant assaulted the deceased.

6) According to the evidence of PW-04 the police witness, on

13.02.2010, a club was recovered at the house of the accused- appellant, and it was hidden under the roof of a toilet. Th