IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an application for Special Leave to Appeal in terms of Article 127 read with Article 128 of the Constitution of the Democratic Socialist Republic of Sri Lanka.

Democratic Socialist Republic of Sri Lanka Complainant SC Appeal 128/2018 CA Appeal No. CA 206/2013 HC Kaluthara Case No. 134/2002 -Vs-

1. Badde Kankanamage Chinthaka Kumara Ruwan.

2. Weerasinghe Pedige Ajith Kumara Weerasinghe.

Accused And then between

1. Badde Kankanamage Chinthaka Kumara Ruwan.

2. Weerasinghe Pedige Ajith Kumara Weerasinghe.

Accused-Appellants -Vs-

Hon. Attorney-General, Attorney-General’s Department, Colombo 12.

Complainant-Respondent And now between Weerasinghe Pedige Ajith Kumara Weerasinghe

2^nd Accused-Appellant-Petitioner -Vs-

Hon. Attorney-General, Attorney-General’s Department, Colomb0 12.

Complainant-Respondent-Respondent Democratic Socialist Republic of Sri Lanka Complainant SC Appeal 129/2018 CA Case No. CA 206/2013 HC Kaluthara Case No. 134/02 -Vs-

1. Badde Kankanamage Chinthaka Kumara Ruwan.

2. Weerasinghe Pedige Ajith Kumara Weerasinghe.

Accused And then between

1. Badde Kankanamage Chinthaka Kumara Ruwan.

2. Weerasinghe Pedige Ajith Kumara Weerasinghe.

Accused-Appellants -Vs-

Hon. Attorney-General, Attorney-General’s Department, Colombo 12. Complainant-Respondent And now between Badde Kankanamage Chinthaka Kumara Ruwan

1^st Accused-Appellant-Petitioner -Vs-

Hon. Attorney-General, Attorney-General’s Department, Colomb0 12.

Complainant-Respondent-Respondent BEFORE: Buwaneka Aluwihare, PC, J A.H.M.D. Nawaz, J Janak De Silva, J COUNSEL: Chathura Amarathunga for the 2^nd Accused-Appellant in SC Appeal

128/2018.

M.C. Jayaratne, PC with H.A. Nishani, H. Hettiarachchi instructed by M.D.J. Bandara for the 1^st Accused Appellant in SC Appeal 129/2018.

Lakmali Karunanyake, DSG for the Complainant-Respondent-

Respondent.

ARGUED ON: 24.05.2022 WRITTEN SUBMISSIONS: 26.03.2019 for the 1st Accused Appellant in SC Appeal

129/2018.

09.06.2022 for the 2^nd Accused-Appellant in SC Appeal

128/2018.

01.07.2022 for the Complainant-Respondent- Respondent in SC Appeal 128/2018 and SC Appeal

129/2018.

DECIDED ON: 09. 11.2023 Judgement Aluwihare, PC, J The 1^st Accused-Appellant-Appellant in SC Appeal No. 129/2018 and the 2^nd Accused-Appellant-Appellant in SC Appeal No. 128/2018 (hereinafter sometimes referred to as the ‘Appellants’) were indicted in the High Court of Kalutara on the following Counts:

1. That on or about 26.03.2000 the two accused along with one Edirisinghe Arachchige Gemunu Ranjith who is now deceased, committed the offence of Robbery of Rs. 37,579/- from the Pelpola Co-Operative Rural Bank, an offence punishable under Section 4 of the Offences Against Public Property Act, No. 12 of 1982 read with Section 32 of the Penal Code; and

2. In the course of the same transaction in the aforementioned count, the two accused along with the said Edirisinghe Arachchige Gemunu Ranjith Possessed a Firearm without a license, and thereby committed an offence punishable under Section 22(1) read with Section 22(3) of the Firearms Ordinance as amended by Act, No. 22 of 1996; and

3. In the course of the same transaction in the aforementioned count, the two accused along with said Edirisinghe Arachchige Gemunu Ranjith Possessed a Hand Grenade without lawful authority and thereby committed an offence punishable under Section 2(1)(b) of the Offensive Weapons Act, No. 18 of

1996.

At the conclusion of the trial, the two Appellants were convicted of all counts referred to above and accordingly were imposed the following sentences.

Count 1: 20 Years of rigorous imprisonment with a Fine of Rs. 112, 737/= with a default term of 6 months.

Count 2: Imprisonment for life.

Count 3: 10 Years rigorous imprisonment with a Fine of Rs. 10,000 with a default term of 3 months.

In consideration of the Appellants’ commendable services in the Army during a time of war, and the fact that the 1^st Accused-Appellant-Appellant is disabled, the learned