IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an appeal against an order of the High Court under Section 331 of the Code of Criminal Procedure Act No. 15 of 1979.

D. Hewage Saman Alias Kalu Malli Accused-Appellant CA Case No: HCC 225/10 HC of Embilipitiya Case No:

22/2006 Vs.

The Attorney General, Attorney General’s Department, Colombo 12. Respondent Before: Menaka Wijesundera, J.

B. Sasi Mahendran, J.

Counsel: Indika Mallwaratchy for the Accused-Appellant Hiranjan Peiris , SDSG for the Respondent Written 05.02.2020 (by the Accused-Appellant)

Submissions: 02.08.2022 (by the Respondent)

On Argued On : 03.05.2023 Decided On : 26.07.2023 Sasi Mahendran, J.

The 1^st Accused-Appellant (hereinafter referred to as ‘the Accused’) and another Deepthi Hewage Piyasena were indicted before the High Court of Embilipititya for having committed the offence of murder of one Athukorala Arachchige Weerasena(the Deceased)

an offence made punishable under Section 296 read with section 32 of the Penal Code.

Prosecution led the evidence of eight witnesses and evidence marked as P1 to P5.

The Accused made a dock statement. At the conclusion of the trial, the Learned High C