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.

Court of Appeal No: Democratic Socialist Republic of Sri Lanka CA/HCC/102/104/18 COMPLAINANT High Court of Colombo Vs.

Case No: HC/1832/04 1. Abdul Hamid Mohamad Aslam

2. Nuwan Rangana Gunasekara

3. Pushpakaran Jeyachandran alias Achcha alias Achchaman ACCUSED AND NOW BETWEEN

1. Abdul Hamid Mohamad Aslam

2. Nuwan Rangana Gunasekara

3. Pushpakaran Jeyachandran alias Achcha alias Achchaman ACCUSED-APPELLANT Vs.

The Attorney General Attorney General’s Department Colombo 12 RESPONDENT Before : Sampath B. Abayakoon, J.

: P. Kumararatnam, J.

Counsel : Asela Muthumudalige, Assigned Counsel for the 1st Accused Appellant : Neranjan Jayasinghe for the 2^nd Accused Appellant : Palitha Fernando, P.C. with Ruwan Udawela, Geeth Jayasinghe, Kishan Perera and Trimali Kaveesha for the 3rd Accused Appellant : Maheshika Silva, DSG for the Respondent Argued on : 06-02-2023 Written Submissions : 08-02-2019 (By the 1st Accused-Appellant)

: 30-01-2019 (By the 2^nd Accused-Appellant) : 30-01-2019 (By the 3^rd Accused-Appellant)

: 13-05-2019 (By the Respondent)

Decided on : 24-03-2023 Sampath B Abayakoon, J.

This is an appeal by the accused appellants (hereinafter sometimes collectively referred to as the appellants) on being aggrieved of their conviction and the sentence by the learned High Court Judge of Colombo.

The appellants were indicted before the High Court of Colombo for causing the death of one Sumith Janaka Fernando on 5^th November 2001, and thereby committing the offence of murder, punishable in terms of section 296 read with section 32 of the Penal Code.

After trial without a jury, the appellants were found guilty as charged by the learned High Court Judge of Colombo of his judgement dated 18th May 2018, and accordingly, they were sentenced to death.

Facts in brief PW-02 Anura Lasantha had been the only eyewitness who has given evidence at the trial. He was a fishmonger by trade, and had been walking along a narrow road near a playground in the Nawagampura area when the incident relevant to the charge occurred. He has gone to the area in order to collect some debts and also to pay some money owed by him to another. It was after 9.30 p.m. in the night. He has seen a person being held by two others and another person, whom he has identified as the 1^st accused appellant, stabbing the person held by the other two. He has then seen the person being stabbed for a second time by one of the other persons who held him.

After the stabbing, all three of them have fled the scene of the crime. He has identified the second accused appellant as the person who stabbed the deceased for the 2nd time, while identifying the 3rd accused appellant as one of the persons who held the deceased along with the 2^nd appellant.

According to his evidence, the incident had taken place in front of a boutique near the playground, but the occupants of the boutique had closed it while this was going on. He has stated that there was adequate light from the streetlights in the vicinity. Initially, he has seen the deceased person leaned against a lamppost just before he was attacked. He has stated that the deceased and his father who came to the scene after the incident, were unknown to him. It has also been his evidence that the police came to the scene of the crime soon after it happened and he pointed out the direction the assailants went to the police.

Subsequently, he has seen the 1^st appellant being apprehended by the police.

At an identification parade held before the Magistrate of Colombo, the witness has identified all three appellants as the persons involved in the crime. He has also identified the two knives produced in the Court as the knives used by the

1^st and the 2^nd appellants.

Under cross-examination, the witness h