ASELA DE SILVA AND 2 OTHERS
V.
ATTORNEY GENERAL

COURT OF APPEAL
W.L.R.SILVA,J. AND
D.S.C.LECAMWASAM.J,
C.A.114/2007
H.C.BALAPITIYA 478/2002
MAY 25th,2010

Criminal law-Murder- section 296, Penal Code - Common intention

The Accused -Appellants were indicted in the High Court for causing the death of Sanjeewa Perera and were convicted and sentenced to death under Section 296 of the Penal Code. In appeal it was contended that the learned trial Judge had not referred to the concept of common intention, that there was no evidence of any specific act committed by the second Accused and the identification of the third accused was not satisfactory.

Held:

(1) Although the second appellant did not actively participate in the commission of the murder, the cumulative effect of all the evidence would suffice to establish that the second appellant was a party to prearranged plan to the killing ?of the deceased.

Upon a careful consideration of the relevant facts, it is apparent that the second appellant shared a common intention with other accussed to commit the crime.

(2) per Lekamwasam, J. -

"... these four persons were seen by Karunasena