Killing of friend: accused acquitted

by Wasantha Ramanayake

The Appeal Court recently acquitted an accused who was convicted for the killing of his friend who was sleeping in his premises.

The court acquitted the accused-appellant K. D. Jayasekera of Kegalle, who was convicted and sentenced for the committing the murder of H. D. Somadasa of Kegalle. The accused was acquitted on the basis of apparent errors of law in the Judgement of High Court.

The Bench comprised Justices Jagath Balapatabendi and Sisira de Abrew.

Delivering the judgment, Justice Balapatabendi observed having considered the submissions of the both counsels and examined the evidence that the conviction could not be affirmed due to the errors of law apparent in the judgement of the Kegalle High Court.

Dr. Ranjit Fernando Counsel for the accused-appellant submitted that the trial Judge had erroneously used a content of a statement made by the accused to the Police to infer guilt which was prohibited in law.

According to the judgement, Senior State Counsel Dappula de Livera for the Attorney General had conceded that the Attorney General was unable to support the conviction.

The prosecution had led the evidence of the several witnesses who had testified that the accused and the deceased had been seen at a boutique nearby purchasing provisions together and thereafter, late in the evening the deceased had been seen sleeping in the accused's premises in the absence of the wife and the children of the accused.

The Police evidence revealed that around midnight of the particular day the accused had made a statement reporting the death of H. D. Somadasa. Consequently the Police had recovered a blood stained coconut scraper after visiting the residence of the accused.