IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an appeal in terms of Section 331 (1) of the Criminal Procedure Act No 15 of

1979.

The Democratic Socialist Republic of Sri Lanka Complainant Court of Appeal Case No:

HCC/042/22 HC of Badulla Case No; HC 31/2001 Kailasan Rajkumar Accused AND NOW BETWEEN Kailasen Rajkumar Accused-Appellant V.

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

Complainant- Respondent Before: Menaka Wijesundera,J.

B. Sasi Mahendran, J.

Counsel : Ershan Ariaratnam for the Accused-Appellant Maheshika Silva DSG for the Respondent Written 30.06.2022 (by the Accused-Appellant)

Submissions: 27.10.2022 (by the Respondent)

On Argued On: 20.11.2023 Decided On: 14.12.2023 ************

Sasi Mahendran, J.

The 1^st Accused Appellant (hereinafter referred to as “the Accused”) along with two others was indicted in the High Court of Badulla for murdering Mariappan Selvaraj punishable under section 296 read with section 32 of the Penal Code.

During the trial, 2^nd Accused passed away. After the trial, The Learned High Court Judge convicted the Accused appellant for the offence of Murder, imposed the death sentence, and Acquitted