IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In a matter of an appeal made under section 331 of the Code of Criminal Procedure Act No. 15 of 1979 against the judgment, conviction and sentences imposed by the High Court of Kalmunai in case No HC/Kal/36/08.

Yaseenbawa Niyas alias Mansoor (Presently remanded at the Bogambara Prison)

Court of Appeal Case No: Accused-Appellant CA-HCC-244/2010 HC of Kalmunai Case No:

HC/Kal/36/08 v.

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

B. Sasi Mahendran, J.

Counsel: M. Nizam Kariapper ,PC with M.I.M. Inynullah and Ms. Nasrina for the Accused-Appellant Maheshika Silva, DSG for the State.

Written Accused-Appellant Filed Submissions: 30.01.2017 (by the Respondent)

On Argued On: 04.09.2023 Decided On: 25.10.2023 Sasi Mahendran, J.

The 2nd Accused Appellant (hereinafter referred to as “the Accused”) was indicted together with Mohamed Faleel (1st Accused) and Abdul Majeed (3rd Accused) before the High Court of Kalmunai on the 15th of December 2010, on two counts:

Count 1- On or about 06.05.2003 at Kalmunai the Accused together with the said 1st and 3rd Accused Allegedl