LUKSHMAN VS. REPUBLIC OF SRI LANKA

LUKSHMAN VS. REPUBLIC OF SRI LANKA

COURT OF APPEAL
SISIRA DE ABREW. J
UPALY ABEYRATNE. J
CA 17/2005
27, 28, 29, 30 MARCH 2009

Penal Code- Murder-Dying declaration- When Could it be admitted? Presumption of Innocence - Ellenborough principle

The accused-appellant was convicted and sentenced to death - for the murder of one F. In appeal it was contended that, the dying declaration should not have been accepted since the Police witness has failed to produce the piece of paper in which he noted the dying declaration and that the accused did not offer an explanation.

Held

(1)Where a dying statement is produced three questions arise for the Court. Firstly whether it is authentic. Secondly if it is authentic whether it is admissible in whole or in part. Thirdly the value of the whole or part that is admitted.

(2) Sgt-Sirisena's evidence was corroborated by the evidence of others. There were no contradictions or omissions marked from the evidence of Sirisena - He is a truthful witness where evidence can be accepted.

Per Upaly Abeyratne, J.

"After the conclusion of the case for the prosecution the appellant exercising his legal rights r

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