IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an Appeal from the order of the High Court of Kandy dated 06.07.2018 in HC/APPEAL/27/2019 made in terms of Article 128 of the Constitution of the Democratic Socialist Republic of Sri Lanka.

SC Appeal No: SC/APPEAL/27/2019 HC Kandy Case No: HC/APPEAL/48/2008 Officer- In- Charge, Police Station.

MC Theldeniya Case No: 48360 Udu Dumbara Complainant Vs.

1. U.G. Sunil, No. 11/02, Pansalwatta Road, Kundasale.

2. R.M. Jayarathne, No. 56, Pilawala Colony, Pilawala.

3. D.M. Priyanatha Kumara, No. 67, Ratemulla, Talathuoya.

4. Sunil Rajapakshe, No. 38, Mahawatte, Kundasale.

5. Sunil Samanthilake, No. 80, Ayojanagama Kundasale

6. Chaminda Bandara, No. 13C, Arangala, Mahawatte, Kundasale.

7. Chandana Priyantha No. 10, Natharanpotha, Kundasale.

Accused And then Between

1. U.G. Sunil, No. 11/02, Pansalwatta Road, Kundasale.

2. R.M. Jayarathne, No. 56, Pilawala Colony, Pilawala.

3. D.M. Priyanatha Kumara, No. 67, Ratemulla, Talathuoya.

4. Sunil Rajapakshe, No. 38, Mahawatte, Kundasale.

5. Sunil Samanthilake, No. 80, Ayojanagama Kundasale

6. Chaminda Bandara, No. 13C, Arangala, Mahawatte, Kundasale.

7. Chandana Priyantha No. 10, Natharanpotha, Kundasale.

Accused Appellants Vs.

1. Officer- In- Charge, Police Station. Udu Dumbara

2. Hon. Attorney General, Attorney General’s Department, Colombo 12. Respondents And Now Between

1. U.G. Sunil, No. 11/02, Pansalwatta Road, Kundasale.

2. R.M. Jayarathne, No. 56, Pilawala Colony, Pilawala.

(Deceased)

3. D.M. Priyanatha Kumara No. 67, Ratemulla, Thalathuoya.

4. Sunil Rajapakshe, No. 38, Mahawatte, Kundasale.

5. Sunil Samanthilake, No. 80, Ayojanagama Kundasale

6. Chaminda Bandara, No. 13C, Arangala, Mahawatte, Kundasale. (Deceased)

Accused- Appellants- Appellants Vs.

1. Officer- In- Charge, Police Station. Udu Dumbara

2. Hon. Attorney General, Attorney General’s Department, Colombo

12.

Respondents- Respondents BEFORE : VIJITH K. MALALGODA P.C., J.

K.KUMUDINI WICKREMASINGHE, J.

JANAK DE SILVA, J.

COUNSEL : Anuja Premarathna PC with Imasha Senadheera for Accused Appellant Appellant Ms. Varunika Hettige SDSG for the Respondents ARGUED ON : 08.02.2023 WRITTEN SUBMISSIONS : 10^th August 2020 and 09^th March 2023 for the Accused Appellants Appellants

07^th May 2021 and 22^nd February 2023 for the Respondents DECIDED ON : 05.06.2024 K. KUMUDINI WICREMASINGHE, J.

This is an appeal from the order of the High Court of the Central Province holden in Kandy. The Accused Appellants Appellants (hereinafter referred to as Appellants) were charged in the Magistrates Court of Theldeniya for the following offences:

1. Being a member of an Unlawful Assembly with the common object of which was to abduct Subasinghe Mudiyanselage Udagedara Dissanayake and thereby committed an offence punishable under section 140 read with section 32 of the penal code.

2. At the same time, place and the same transaction the 6^th Accused whilst being a member of the said Unlawful Assembly, was armed with a deadly weapon and thereby committed an offence punishable under section 141 of the penal code.

3. At the same time, place and the same transaction whilst being members of the unlawful assembly, in furtherance of the common object, caused trespass and entered to the residence of Subasinghe Mudiyanselage Udagedara Dissanayake and thereby committed an offence punishable under Section 434 read with Section 32 of the Penal Code.

4. At the same time, place and the same transaction being a member of the unlawful assembly, in furtherance of the common object abducted Subasinghe Mudiyaselage Udagedara Dissanayake and thereby committed an offence punishable under Section 354 read with Section 32 of the Penal Code.

The Learned Magistrate of Theldeniya by order dated 7^th February 2007 convicted the Appellants for the 1^st, 3^rd and 4^th charges aforesaid and sentenced the Appellants accordingly. Consequent to the said conviction the following sentences were imposed on the Appellants:

1. In respect of charge 01 a fine