Murder accused acquitted

Wasantha Ramanayake

The Court of Appeal acquitted an accused who was convicted and sentenced to death for committing the murder of one of his friends in 1988. The court noted that it was unsafe to allow the conviction to stand solely based on the evidence of the only “purported eye-witness,” the sister of the diseased.

The Bench comprised Justice S.I. Imam and Justice Sarath De Abrew.

Accused-appellants counsel Dr. Ranjit Fernando submitted that the the only witness in the case whose evidence had value was the sister of the deceased, one Ranjanie whose evidence to the Police soon after the incident was contradictory to the evidence led in the trail before the Gampaha High Court.

The Counsel submitted that in her statement to the Police he had told that the accused had attacked the diseased with a club whereas, she had testified before the High Court that accused used a manna knife to attack the deceased.

The counsel pointed out that the Trial Judge had also described the witness appearing to be biased towards her deceased brother and protecting the interests of the deceased.

Counsel also argued that the trial judge had erred in law by concluding that the exception of a Sudden Fight could not be considered.

Additional Solicitor General Palitha Fernando submitted that there was sufficient evidence established by the prosecution beyond doubt that it was accused who inflicted the fatal injuries and that Ranjanie’s evidence could be relied upon in spite of the infirmity since it was supported by the medical evidence.

Dr. Ranjit Fernando appeared for the accused-appellant.

Additional Solicitor General Palitha Fernando appeared for the Attorney General.