IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an appeal in terms of Article 138 (1) of the Constitution read together with section 331 of the Code of Criminal Procedure Act No. 15 of 1979.

The Democratic Socialist Republic of Sri Lanka Complainant Gunapolasingam Benet Jerome Accused CA Case No:

CA/HCC/255/17 HC of Jaffna Case No: AND NOW BETWEEN HC/1974/2016 Gunapolasingam Benet Jerome Accused-Appellant Vs.

The Attorney General, Attorney General’s Department, Colombo 12.

Complainant-Respondent Before: Menaka Wijesundera, J.

B. Sasi Mahendran, J.

Counsel: N. Srikanthan with S. Panchadsaran for the Accused-Appellant Shaminda Wickrama, SSC for the Respondent Written 26.08.2020 (by the Accused-Appellant)

Submissions: 04.05.2022 (by the Respondent)

On Argued On: 13.06.2023 Decided On: 03.08.2023 Sasi Mahendran, J.

The Accused-Appellant (hereinafter referred to as “the Accused”) was indicted in the High Court of Jaffna under Section 296 of the Penal Code for committing the murder of Vetharasa Lily Mary (hereinafter referred to as “the Deceased”) on the 29th of December 2008.

The Prosecution led evidence from eleven witnesses, with marked productions from