JUDGMENT

P. Kumararatnam, J.

The above-named 1^st Accused-Appellant (hereinafter referred to as the Appellant) was indicted along with 2^nd accused and others unknown to the prosecution, in the High Court of Puttalam under Section 296 read with Section 32 of the Penal Code for committing the murder of Mohammed Nauf Mohammed Naim on or about 27th April 2002.

As the 2nd accused absconded the court before commencement of the trial, an inquiry was held under Section 241 of the Code of Criminal Procedure Act No.15 of 1979 and fixed the case in absentia of 2^nd accused on 29/05/2008.

Trial commenced before the High Court Judge as the Appellant had opted for a non-jury trial. After the conclusion of the prosecution case, the learned High Court Judge had called for the defence and the Appellant had given evidence from the witness box and closed his case. After considering the evidence presented by both parties, the learned High Court Judge had convicted the Appellant and the 2^nd accused as charged and sentenced them to death on 09/11/2017.

Being aggrieved by the aforesaid conviction and sentence the Appellant preferred this appeal to this court.

The Learned Counsel for the Appellant informed this c