IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA.

In the matter of an Appeal under section 331 of the Criminal Procedure Act No. 15 of 1979.

Democratic Socialist Republic of Sri Lanka.

Plaintiff Court of Appeal Case No: V s .

CA / HCC / 0051 / 0052 / 2016 1. Prabu Kotalawala High Court of Rathnapura Case No: 1^st Accused Appellant HCR / 10 /2007 Ratnayake Mudiyanselage Nayanananda Ratnayake.

2^nd Accused Appellant AND Ratnayake Mudiyanselage Nayanananda Ratnayake.

2^nd Accused Appellant Vs.

Hon. Attorney General Attorney General’s Department Colombo 12.

Plaintiff – Respondent Before: Menaka Wijesundera J.

B. Sasi Mahendran J.

Counsel: Palitha Fernando, P.C. for the 01^st Accused – Appellant.

Neranjan Jayasinghe for the 2nd Accused – Appellant.

Azard Navavi, D.S.G. for the State.

Argued on: 30.03.2023 Decided on: 17.05.2023 MENAKA WIJESUNDERA J.

The instant appeal has been filed to set aside the judgment dated 11.2.2016 of the High Court of Rathnapura.

The accused Appellants (hereinafter referred to as the appellants) were indicted for committing murder on 12.7.1999 and upon the conclusion of the trial they had been convicted and sentenced for the offence of murder.

The prosecut