UPUL CHINTHANA ALIAS BINDU AND 2 OTHERS

UPUL CHINTHANA ALIAS BINDU AND 2 OTHERS
V.
THE ATTORNEY GENERAL

COURT OF APPEAL
RAJA FERNANDO, J. AND
GAMINI AMARATUNGA, J.
CA APPEAL NO. 58/99,59/99,60/19
HC GALLE NO. 1911
FEBRUARY 19th, 2002
MARCH 6th 2002 AND MARCH 7th 2002.

Penal code - S. 293 - culpable homicide - causing of death by doing an act with the intention of causing death, an act with the causing such bodily injury as is likely to cause death; or with the knowledge that he is likely by such act to cause death - 296 - punishment for murder common intention.

The three accused - appellants were sentenced to death after trial by the High Court for causing the death of the deceased under Section 296 of the Penal Code.

The case of the Prosecution depended on the testimony of a single eye witness who had seen the killing of her deceased husband. She was present in the house when her husband was killed. At the time of the incident the light in the house kept burning in the night since there were three children in the house.

The deceased's wife had made her complaint to the police on the same night at 11.55 p.m. within two hours of the incident.

Held :

(1) The presen

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