MENAKA WIJESUNDERA J.

The instant Appeal has been filed to set aside the judgment dated 03.04.2019 of the Court of Appeal.

The Appellant along with five others had been indicted under Sections 296 and 355 of the Penal Code on the basis of unlawful assembly and under Section 32 of the Penal Code as well.

At the conclusion of the trial, the 1st to 5th, all accused were convicted of all charges and had been sentenced to death on the 4th and the 5th counts but the 4th accused had been acquitted of all charges.

The Court of Appeal also has affirmed the said conviction and sentence and being aggrieved by the said judgment of the Court of Appeal the instant appeal has been lodged.

When the instant matter had been supported this Court has granted leave to proceed and the following questions of law has been raised,

(a) Have their Lordships of the Court of Appeal failed to consider that the evidence relating to the identification of the petitioner is plagued with serious infirmities which renders his conviction holy unsafe.

Hence, the main question with regard to the instant matter is whether the prosecution has established the identity of the Appellants adequately.

The prosecution had been mainly r