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Appeal Court sets aside conviction, death sentence

The Court of Appeal has set aside the conviction and sentence of death passed on a murder accused after submissions were presented to demonstrate he had no motive in the killing.

The Bench comprised Justice Raja Fernando and G.W.Edirisuriya.

In this case, Nanyanapriya Ratnayaka (fourth accused) was convicted and sentenced to death by the High Court of Ratnapura in connection with the murder of Manjula Harindra Kottage by stabbing at Pahathakade.

Appealing against his conviction and sentence, Counsel on behalf of the Accd-Applt submitted that the Trial Judge had erred in Law by concluding culpability on the basis of vicarious liability, on an erroneous premise, considering that the 4th Accused entertained a 'common idea'/'knowledge and understanding'/'a similar intention' which is erroneous in Law, as what was required to be established was a 'participatory presence' with pre plan and pre arrangement, distinguishing from any similar intention, which may have been entertained by each accused independently.

It was further submitted that the incriminatory evidence of the 4th accused holding the bicycle, surfaced for the first time in the High Court and that there was no mention by way of word or deed on the part of the 4th accused thus militating against a participatory presence on his part.

Counsel further demonstrated to Court that there was an absence of a motive and the meeting was a chance occurrence with no evidence that this accused wielded any weapon and the fact that he surrendered to the police within 24 hours were items of evidence which militate against any culpability on his part.

Senior State Counsel submitted to court that in the attendant circumstances of the case considering the submission made on behalf of the accused-appellant which were borne out by the record, he found it difficult to support the conviction in the instant case.

Justice Raja Fernando with Justice Edirisuriya agreeing, taking into account submissions made by both Counsel set aside the conviction and sentence of death imposed by the High Court of Ratnapura and ordered that the accused be acquitted and set free.

(Dr. Ranjit Fernando with Ms. Sandamali Munasinghe and Ms. Ranmaliee Jayawardena for the Accd-Applt: Senior State Counsel Suhada Gamlath for the Attorney General).

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