CHAMINDA SRINIMAL V THE ATTORNEY GENERAL

CHAMINDA SRINIMAL
V
THE ATTORNEY GENERAL

COURT OF APPEAL
ROHINI MARASINGHE,J
SARATH DE ABREW, J
CA NO. 144/2002
H.C. KANDY CASE NO. 1687/1996
SEPTEMBER 1st, 2009

Judicature Act-Section 48-Empowering a succeeding trial judge to continue a partly heard case where his predecessor suffers a disability -Evidence Ordinance-Section 33-Evidence in a former judicial proceeding when relevant-Code of Criminal Procedure Act-Section 283 (1) -Judgment shall be written by the Judge who heard the case.

At the conclusion of the trial the learned High Court Judge delivered judgment convicting the Appellant for committing murder under Section 296 of the Penal Code and acquitting him on the other charges of causing hurt under Section 314 of the Penal Code. Being aggrieved by the above conviction and sentence, the Appellant had preferred this appeal to the Court of Appeal.

At the hearing of the Appeal, the Appellant did not seek to challenge the conviction and sentence on the merits of the evidence presented at the trial but sought to formulate a legal argument to the effect that the procedure followed at the trial was not in compliance with Sect

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