CHUTlMALLl AND ANOTHER VS. STATE

CHUTlMALLl AND ANOTHER VS. STATE

COURT OF APPEAL
SISIRA DE ABREW. J
ABEYRATNE. J
CA 100/2005
H.C. HAMBANTOTA 66/2001

Penal Code -Murder - Convicted - Contradictions marked - Is the prosecution or defence entitled in re-examination to mark the other portions of the statement to remove wrong impression? Reasonable doubt as to identity?

The two accused - appellant were convicted of the murder of one D and were sentenced to death.

In appeal it was contended that the wife of the decease failed to identify the two accused.

Held

(1) Where, however a witness has been contradicted by certain parts of his former statement the prosecution or the defence as the case may be is entitled in re-examination to put to him other portions of his statement which have not been put to him, in order to rebut the inferences likely to be drawn and thereby indirectly to corroborate him.

(2) Contradiction gives the impression that the witness has not mentioned the names of two accused persons in her statement made to the Police, if the witness has mentioned the names of the two accused persons in a statement prosecuting Counsel becomes entitled to mark the

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