ARIYADASA
V
ATTORNEY GENERAL
 

COURT OF APPEAL
RANJITH SILVA, J
SISIRA DE ABREW, J
CA 14212003
HC MATARA 143/96
SEPTEMBER 12, 13, 14, 2007

Penal Code - Section 294 - Section 296 - Section 315 - Eye witness not a credible witness ? - Disturbing a finding with regard to acceptance or rejection of a testimony of a witness ? - Section 294 Ingredients ? - Dock statement - 'Approach in evaluating? - Constitution Article 138 - Criminal Procedure Code Section 334.

The accused - appellant was convicted, of murder and sentenced to death he was also convicted of causing hurt to one K and sentenced to 6 months rigorous imprisonment.

It was contended that, the eye witness was not a credible witness, and that Injury No. I was not caused by the accused - appellant and further that the other 12 cut injuries have not caused the death of the deceased. It was further contended that the reason given by trial Judge in rejecting the dock statement  was erroneous.

Held:

(1) Court of Appeal will not lightly disturb a finding of a Judge with regard to the acceptance or rejection of a testimony of a witness , unless It is manifestly wrong, when the trial Judge has ta