IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA. Abeywickrama Arachchige Basil Pa Botuwa Handiya, Pa Botuwa, Niwitagala.

Similar documents
IN THE GAUHATI HIGH COURT (High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh ) Crl.Appeal No.101 of 2009

IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA

Penal Code (Amendment) Bill

IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA

IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA

IN THE GAUHATI HIGH COURT

IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MEGHALAYA, MANIPUR, TRIPURA, MIZORAM AND ARUNACHAL PRADESH. Crl. Appeal No.

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION. CRIMINAL APPEAL NOS OF 2019 (Arising out of S.L.P. (Crl.) Nos.

IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH BEFORE THE HON BLE MRS. JUSTICE RATHNAKALA. CRIMINAL APPEAL No.2785/2009

IN THE HIGH COURT OF JHARKHAND AT RANCHI I.A. No of 2014 with I.A. No. 175 of 2011 in Cr.Appeal (D.B.) No. 904 of 2008

PARLIAMENT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA

IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM; NAGALAND; MEGHALAYA; MANIPUR; TRIPURA; MIZOAM AND ARUNACHAL PRADESH)

IN THE GAUHATI HIGH COURT

IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA

THE CRIMINAL LAW (SPECIAL PROVISIONS) ORDINANCE, 1968

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : INDIAN PENAL CODE Date of Decision: CRL.A. 121/2010

In the matter of an Appeal under Section 331 of the Criminal Procedure Code. C.A. Appeal No. 236/2008 H.C.Panadura No. 1757/2003

Cr. Appeal (D.B.) No. 136 of 2000(R)

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : INDIAN PENAL CODE CRL.REV.P. 76/2009 Reserved on: 30th April, 2012 Decided on: 11th July, 2012

PARLIAMENT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA

J U D G M E N T CRIMINAL APPEAL NO OF 2007 (Arising out of SLP (Crl.) No of 2006) Dr. ARIJIT PASAYAT, J.

IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA

Point: MURDER: The act was committed without premeditation, in a sudden fight and in the heat of

IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA BEFORE THE HON BLE MR.JUSTICE HULUVADI G.RAMESH CRIMINAL APPEAL NO.

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

THE GAZETTE OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA

Crl. Appeal No. 334/2015 VERSUS. The State of Assam & Anr. B E F O R E HON BLE THE CHIEF JUSTICE MR. AJIT SINGH HON BLE MR. JUSTICE SUMAN SHYAM

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION. Criminal Appeal No 1289 of SK. KHABIR Appellant(s) VERSUS J U D G M E N T

IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA. In the matter of an application under Article 126 of the Constitution.

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.REV.P. 48/2015 Date of decision:

IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA

CHAPTER 19. Ch. 19. Sentences. Part A] Part A GENERAL

PARLIAMENT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA

IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA

IN THE GAUHATI HIGH COURT (The High Court of Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram and Arunachal Pradesh)

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

PKW Wijesinghe No. 120/A, Anura Publications, Kudugala Road, Wattaegama, Kandy. Petitioner. SC/Spl. 19/2007

PARLIAMENT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA

Double Jeopardy (Scotland) Bill

Sri Raj Kumar Agarwal. -vs- 1. Smti. Anu Singhania, 2. State of Assam.

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.663 OF 2018 (ARISING OUT OF S.L.P. (CRIMINAL) NO.

PARLIAMENT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA

In the matter of an Application of Revision in terms of Article 138 of the Constitution of the Democratic Socialist Republic of Sri Lanka.

THE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT DANIEL WILLIAM MOKELA. (135/11) [2011] ZASCA 166 (29 September 2011)

PARLIAMENT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA

REPUBLIC OF NAMIBIA HIGH COURT OF NAMIBIA MAIN DIVISION, WINDHOEK

IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 27 TH DAY OF JUNE, 2014 BEFORE THE HONOURABLE MR. JUSTICE K.N.

Crl. Rev. P. No. 5 of 2017

CRIMINAL OFFENCES. Chapter 9

THE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT

AN ACT TO PROVIDE FOR THE PAYMENT OF GRATUITY BY EMPLOYERS TO THEIR

All about Execution, Suspension, Remission and Commutation of Sentences under. Chapter 32, Code of Criminal Procedure,1973. By: Nishita Kapoor

IN THE HIGH COURT OF SOUTH AFRICA BOPHUTHATSWANA PROVINCIAL DIVISION

DEFENDING A REGULATORY PROSECUTION

IN THE COURT OF APPEALS OF INDIANA

CHAPTER 59 GAMING. [30th June, 1890.] 1. This Ordinance may. be cited as the Gaming Ordinance.

IN THE SOUTH GAUTENG HIGH COURT OF SOUTH AFRICA (JOHANNESBURG)

-versus- -versus- ----

BELIZE ALIENS ACT CHAPTER 159 REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000

IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA

CRIMINAL LAW: CASES. Charges of assault occasioning bodily harm and unlawful wounding

IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH BEFORE THE HON BLE MR. JUSTICE PRADEEP D.WAINGANKAR CRIMINAL APPEAL NO.2642/2009

IN THE COURT OF APPEAL OF BELIZE, A.D DIRECTOR OF PUBLIC PROSECUTIONS

Coroners Act, 1871 Act 4 of 1871; 27 th January 1871

IN THE COURT OF APPEAL OF BELIZE, A.D CRIMINAL APPEAL NO. 11 of 2009

PARLIAMENT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA

outside and saw that the light in front of the house of Inderjit Singh was on and two Sikh youths armed with Kirpans stained with blood were shouting

NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI

IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE THE HON BLE MR JUSTICE K. N. KESHAVANARAYANA. CRIMINAL APPEAL No.882/2005 (C)

EXPLAINING THE COURTS AN INFORMATION BOOKLET

Date of hearing Date of judgment JUDGMENT AND ORDER.

PARLIAMENT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA

Supreme Court of India. Lallu Manjhi & Anr vs State Of Jharkhand on 7 January, Author: R Lahoti Bench: R.C. Lahoti, Brijesh Kumar.

IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA

Chapter 4 Part VIII Sections of the Penal Code of 1960 Omitted in the CILS Harmonised Sharia Penal Code

IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA

IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA. Officer in Charge Police Station Kottawa. Complainant. 01.

BE it enacted by the King's Most Excellent Majesty, by and with

Title 17-A: MAINE CRIMINAL CODE

IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA

IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA

IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA

CRIMINAL APPEAL NOS OF 2018 (Arising out of SLP(Crl.) Nos of 2016) THE STATE OF GUJARAT Appellant. Versus

Chapter 340. Bail Act Certified on: / /20.

file:///c:/documents and Settings/kapilan/My Documents/WEB Domest...

1. This Act may be cited as the (e) Prevention of Terrorism (Temporary Provisions) Act.

Criminal Procedure Act, 1993

FREE STATE HIGH COURT, BLOEMFONTEIN REPUBLIC OF SOUTH AFRICA MTHETHO JOSEPH KHUMALO

LOWER MERION TOWNSHIP POLICE DEPARTMENT Ardmore, Pennsylvania. Policy Until Amended or Rescinded Directive: 05-98

+ CRIMINAL APPEAL NO. 141 of versus -

IN THE COURT OF THE ADDL. SESSIONS JUDGE: BHUBANESWAR. PRESENT:- Sri I.K. Das LLB, Addl. Sessions Judge, Bhubaneswar.

ACTS OF SRI LANKA. Debt Recovery (Special Provision) (Amendment) Act No 9 of 1994

SUBSTITUTE INFORMATION IN LIEU OF INDICTMENT

Criminal Law Implications after Road Death or Injury.

Criminal Procedure (Reform and Modernisation) Bill 2010

PARLIAMENT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA

DOCTRINE OF RES GESTAE

Karuppanna Thevar And Ors. vs The State Of Tamil Nadu on 19 August, 1975

IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA

R v DOBSON & NORRIS. Central Criminal Court. 4 January Sentencing Remarks of Mr Justice Treacy

Transcription:

IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA C.A. No. 97/08 HC. Ratnapura No. 55/98 Abeywickrama Arachchige Basil Pa Botuwa Handiya, Pa Botuwa, Niwitagala. Vs. Accused Appellant Hon. Attorney General Attorney General's Department, Colombo 12. Respondents

C.A. 97/2008 Before H.C. Ratnapura Case No. 55/98 Vijith K. Malalgoda,PC.J.(P/CA) & H.C.J. Madawala.J. Counsel Indika Mallawarachchi for the Accused-Appellant Thusith Mudalige, S.S.c. for the A.G. Argued & Decided on 19.05.2015 Vijith K. Malalgoda,PC.. J.(P/CA) The accused-appellant in this case was indicted before the High Court of Ratnapura along with six others for the murder of Pareigalage Wimaladasa on or before 01.03.19990. At the time the case was taken up for trial, the 2 nd and 3 rd accused were reported dead. At the trial the prosecution had relied on the evidence of Dayawathi, Siriyawathi and the depositions of Premawathi and Somawathi whose evidence was led under Section 33 of the Evidence Ordinance since those two witnesses were dead at the time of the trial. According to the evidence of Dayawathi, the accused-appellant who had come to the house had said" Q)6 l ) Q)i, q~ 6~c)),'. Few minutes thereafter the deceased had come to their house and at that time the 1 5t accused had stabbed him once. However,

under cross examination she had admitted that in her evidence at the Magistrate's Court she spoke of a fight. When confronted with her evidence at the Magistrate's Court she admitted, that she said so at the Magistrate's Court. According to the evidence of Siriyawathi, the 1 st accused had come to their house and pointing a knife said " tdoz(!)) td~ 0)(!)C3 q~ ~C)O tdo~ ~". According to the evidence of all these witnesses, 2 nd to the i h accused had come to the scene of crime after stabbing took place. At the conclusion of the prosecution case, the learned High Court Judge acting under Section 200 of the Criminal Procedure Code decided to acquit the 4th to the i h accused-appellants. The accusedappellant whilst making a dock statement before the learned High Court Judge had said that this incident happened at a time when he went to consume liquor and the deceased who had come there, had attacked him with the torch and thereafter he was pushed down and he managed to take a knife which was on a table and stabbed the deceased once. Counsel for the accused-appellant further submitted that this cannot be considered as a case of murder but a case of culpable homicide not amounting to murder based on a sudden fight.

In support of the above position she submits that even though the witnesses Dayawathi and Siriyawathi had referred to the fact that the accused had made certain utterances prior to the deceased's arrival, witness, Dayawathi had admitted that she said in the Magistrate's Court that there was a fight between the accused and the deceased. According to the police witnesses, a torch had been recovered from the scene of crime which corroborates for certain extent the version given by the accused-appellant. It appears to this Court that the place where the incident had taken place, was a place where illicit arrack was sold to the people. We also observe that this is a chance meeting. One cannot expect the deceased to be present at the scene of crime just after the accused made certain utterances against him. Both witnesses, Dayawathi and Siriyawathi admitted in their evidence that the deceased and the accused were good friends. Learned Senior State Counsel concedes the above position. He submits that there are favourable factors to the accused in this case specially when considering the evidence of Dayawathi at the High Court trial. We are also mindful of the fact that the deceased had received only one stabbed injury. If the accused was waiting for the deceased to come, as referred by Dayawathi he had

the opportunity of giving more than one blow at the deceased, since he had come unarmed to the scene of crime. Considering all those factors, we feel that this is a fit case to convict the accused-appellant for culpable homicide not amounting to murder based on exception four, i.e. sudden fight. We therefore, decide to set aside the conviction for murder imposed on the accused-appellant and convict him for culpable homicide not amounting to murder an offence punishable under Section 297 of the Penal Code on the basis of a sudden fight and impose a jail term of 20 years rigorous imprisonment with a fine of Rs. 5,000/- in default, simple imprisonment of 2 years. At this stage counsel for the accused-appellant makes an application to implement the sentence from the date of conviction considering the age of the accused. She submits that the accused-appellant is now 68 years of age. We make order to implement the said conviction of 20 years rigorous imprisonment from the date of conviction i.e. from 02.06.2008. Appeal is partly allowed.

Registrar is directed to send this record back to the High Court of Ratnapura to implement this order and issue a fresh committal. PRESIDENT OF THE COURT OF APPEAL H.C.J. Madawala,J. I agree JUDGE OF THE COURT OF APPEAL Cr/-