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by Indeewara Thilakarathne

Sarath Ambepitiya, High Court Judge, Colombo yesterday sentenced an accused in a murder case to a term of 9-year rigorous imprisonment and imposed a fine of Rs. 5000 in default of which the accused would have to serve a term of further one year imprisonment. The judge acquitted and discharged the first accused of all charges framed against him due to serious lapses on the part of the prosecution.

In this case S. Lashman Kumara alias Kumara and H. Chaminda Jayalath alias H.A. were charged with the murder of Navarathna Rameshkumar (24) in Borella on or around March 15, 1998.

The accused had gone to Borella to buy drugs and a brawl started between Rameskumar and the accused. In the course of the brawl Ramesh was killed.

Delivering the verdict Judge Ambepitiya stated that the police had failed to conduct an identification parade and that it was a major lapse on the prosecution. The benefit of that goes to the accused. He further stated that it will not be a permit for the accused to commit murder in future.

The counsel for the accused submitted that the accused is 33 years old and is unmarried and requested to imposed minimum punishment on the accused. However the state counsel Navaratna Marasinghe objected the application made by defence counsel and requested the maximum punishment be imposed on the accused.

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