Sampath B Abayakoon, J.

The five accused persons were indicted before the High Court of Kandy for committing the following offences.

1. For being members of an unlawful assembly with the intention of causing injuries to one Gunathilaka Banda on the 30^th of June 1995, and thereby committing the offence of unlawful assembly punishable in terms of Section 140 of the Penal Code.

2. At the same time and at the same transaction, with the common object of causing the death of the earlier mentioned Gunathilaka Banda, caused grievous injuries to him by attacking him with a sharp cutting instrument, and thereby committed the offence of attempted murder, an offence punishable in terms of Section 300 read with Section 146 of the Penal Code.

3. At the same time and at the same transaction, causing the death of Ekanayake Mudisanselage Walawwe Gunaratne Banda in furtherance of the common object of the mentioned unlawful assembly, and thereby committing the offence of murder, punishable in terms of Section 296 read with Section 146 of the Penal Code.

4. At the same time and at the same transaction, causing the death of the earlier mentioned Gunaratne Banda, and thereby committing the offence of murder