A.L. Shiran Gooneratne J.

[1] The Accused-Appellant was charged on 4 counts, under the Penal Code and the Motor Traffic Act (as amended), in the Magistrates Court of Kandy, for causing the death of a motor cyclist. At the conclusion of the trial, the Appellant was found guilty on 3 counts and the following sentences were imposed.

1^st count, Section 298 of the Penal Code - 1year Rigorous Imprisonment with Rupees 1,500 fine with a default sentence of 6 months;

2^nd count, Sections 214 (1) read with Section 151(3) and 217 (2) of the Motor Traffic Act, (as amended) - Rupees 500 fine;

3^rd count, Section 214 (1) read with Section 149 (1), 217 (2) and 224 of the Motor Traffic Act, (as amended) - acquitted;

4^th count, Section 148 (1) read with Section 151 (3) and 224 of the Motor Traffic Act, (as amended) - Rupees 500 fine.

[2] Aggrieved by the said Judgment dated 31/07/2006, the Appellant appealed against the conviction and sentence to the Provincial High Court of the Central Province holden in Kandy (“the High Court”). After hearing the case and considering the submissions from both parties, the High Court, by judgment dated 05/01/2017, having affirmed the conviction, the learned High Court Jud