SUNlL JAYARATHNA V. ATTORNEY GENERAL

SUNlL JAYARATHNA V. ATTORNEY GENERAL

SUPREME COURT
MARSOOF, J.
EKANAYAKE, J. AND
SURESH CHANDRA, J.
S.C. APPLICATION NO. 97/09
CA APPEAL NO. 451 2007
HC ( KEGALLE ) NO. 1230/97
NOVEMBER 23RD, 2010

Constitution, Article 138(1) - Appellate jurisdiction of the Court of Appeal for the correction of errors committed by the High Court, in the exercise of its appellate or original jurisdiction, - Penal Code - Section 34 - Proof of Common Intention :-A rule of evidence  does not create a substantive offence.

The case for the prosecution was that all three accused were armed with weapons and came almost together towards the deceased and attacked the deceased and dragged him and threw him into the river and the river where the body was found was in close proximity to the scene of the attack.

Three accused were indicted before the High Court of Kegalle for committing murder of one Gadayalage Sadiris. Of the 3 accused, the 3rd accused K.A. Gamini Jinadasa died pending trial and case proceeded against the 1st and 2nd accused. Both accused were convicted and were sentenced to death.

On appeal to the Court of Appeal, the appeal was dismis

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