JUDGMENT

P. Kumararatnam, J.

The above-named Accused-Appellant (hereinafter referred to as the Appellant) was indicted by the Attorney General for committing the offence as mentioned below.

On or about the 15^th January 2005 in Maithreegama the accused-Appellant committed the murder of Dingiri Bandage Kusumawathie which is an offence punishable under Section 296 of Penal Code.

As the Appellant opted for a jury trial, the trial commenced before a jury. The prosecution had led thirteen witnesses and marked production P1-8 and closed the case. The Learned High Court Judge having satisfied that evidence presented by the prosecution warrant a case to answer, called for the defence and explained the rights of the accused. Having selected the right to make a statement from the dock, the Appellant had proceeded to deny the charge by way of his dock statement.

After the summing up, the jury retired for deliberation and returned the verdict of guilty to the charge of murder with a 6:1 majority decision. The Learned High Court Judge had convicted the Appellant as charged and sentenced him to death on 05/12/2016.

Being aggrieved by the aforesaid conviction and sentence the Appellant preferred this ap