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

Hallyawattage Dayananda Accused – Appellant Court of Appeal Case No. CA 273 / 2018 Vs.

High Court of Embilipitiya Case No. 25/2015 The Attorney – General Complainant – Respondent Before : Menaka Wijesundera J.

B. Sasi Mahendran J.

Counsel : Palitha Fernando P.C. with Sachithra Harshana for the Accused – Appellant.

Dileepa Peiris, S.D.S.G. for the Respondent Argued on : 17.07.2023 Decided on : 05.10.2023 MENAKA WIJESUNDERA J.

The instant appeal has been filed to set aside the judgment dated 18.10.2018 of the High Court of Embilipitiya.

The appellant along with another accused had been indicted for murder in the High Court on the basis of common intention. But upon the conclusion of the trial the trial judge had found the appellant guilty for the charge in the indictment and had acquitted the other accused. The appellant being aggrieved by the said conviction had lodged the instant appeal.

One of the main grounds of appeal raised by the appellant was that the identification of the dead body was not sufÏcient.

According to the version of the prosecution the entire case for the prosecution is based on circumstantial evid