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

In the matter of an appeal in terms of Section 331 of the code of Criminal Procedure Act No: 15 of 1979 and in terms of Article 138 of the Constitution of the Democratic Socialist Republic of Sri Lanka.

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

Court of Appeal Case No:

CA / HCC / 0225 / 15 Complainant Vs.

High Court of Polonnaruwa Case No: Meragalage Chandana Pushpa HC 07 / 14 Kumara Perera Accused AND NOW BETWEEN Meragalage Chandana Pushpa Kumara Perera Accused – Appellant Vs.

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

B. Sasi Mahendran J.

Counsel: Anil Silva P.C. and S. Neranga for the Accused – Appellant.

Rohantha Abeysuriya, ASG for the State.

Argued on: 20.06.2023 Decided on: 19.07.2023 Menaka Wijesundera J.

The instant appeal has been lodged to set aside the judgment dated 17.12.2015 of the High Court of Polonnaruwa.

The accused appellant (hereinafter referred to as the appellant) has been indicted for committing the murder of his infant child born out of wedlock.

The version of the prosecution is that the appellant who had been livi