Murder and attempted robbery

Ananda Jayasena, Snr. Supdt of Police (Rtd)

On the eastern side of Kamburupitya is Akuressa. In Kamburupitiya bordering Akuressa was a rich person named Callistus Sedara who married a woman from Mawarella name Piyaseeli. They had a daughter named Chandra, a 22 year old spinster who was a teacher in a Matara Convent.

Callistus’s only brother Peter who was a bachelor was a rich merchant at Maskeliya has suddenly died of a heart-attack and Calistus got a large amount of money from a testamentary case.

Callistus went to Kandy collected Rs. 3 lakhs and seventy five thousand due to him and on his way back deposited Rs. 2 lakhs in his daughters’ name and Rs. Fifty Thousand each in his and his wife’s name and brought. Rs. 75,000.00 and gave the same to buy a plot-of-tea land.

The talk of the village was the stroke of luck of Callistus Sedara and his sudden gain of money.

Sedara’s house was situated about 200 yards away from the main road. There were no houses close by.

On step 15, 1972 Sedera, his wife and one Pedirick who was a distant relative of Piyaseeli were at home Pedrick was an elderly man of late seventies and he slept in the verandah on a mat.

On the following early morning a case of a murder was reported from Sedara’s house.

As OIC Kamburipitya Police I took charge of the investigation and left to the scene with Sgt: 2001 Denipitiya and PC. 1873 Umagiliya.

The House of Sedara was on a hill top about 150 yards away from the main Akuressa-Kamburupitiya road.

I found the dead body of Pedirick sprawled on the ground, he was bare-bodied, a piece of cloth had been gagged in the mouth. Sedara had been locked up in a room and the key was removed. His wife was crying in another room.

I broke opened the room and took Sedara out and recorded his statement. He stated that two persons whom he did not know came and assault him asking for the money brought from Maskeliya also he saw two men entering his wife’s room and identified one of them as Pemanis of Makandura, also he stated that he heard the two men shouting at his wife demanding money.

I sent a message to Magistrate at Matara informing of the murder and requesting him to appoint an officer to hold the on the spot inquest and to order D.M.O Matara to hold the post-mortem examination on the dead body.

Also I summoned Police dogs from Matara Police Headquarters and they came around 10.00 a.m.

Police dog Duke sniffed the dead body of Pedirick. Started to proceed towards the Main road turned right on to a ridge of a paddy field and stopped passing a dark pool of water. The dog returned and went back to the road, proceed about 300 yards towards the house of one Magilin. Here the dog started barking and scratching the main door with its paws.

I directed Magilin and his 15 year old son to come to the Police Station.

Same evening one Willow Abeysuriya JPUM held the inquest recorded the statement of Callistus Sedara and viewed the dead body.

DMO Matara who held the autopsy at the scene itself pronounced that death was due to suffocation as a result of manual strangulation and on the face of this Abeysuriya gave a verdict of Homicide.

I started recording the statement of Piyaseeli Sedara who spared time to get her husband out of the room.

I told Denipitiya to take Callistus out of the room under some pretext and he took Callistus to the verandah engaged in conversation. Piyaseeli told me that both men who came into the room assaulted her and asked for money brought from Kandy and subsequently both of them raped her and she begged of me not to let her husband know about it.

I recorded her statement in detail but she did not mention that she was raped.

On the following morning Magilin came to the Police Station as told by us.

Magilin’s husband fell off a ‘Kitul’ tree six months back and had died. She had no way to bring up her son and live. She was selling toddy to customers for a living. Police and Excise officials knew about it, but due to her poverty they ignored.

I told Maglilin that her business must stop from next day. She started to cry like a child. When questioned she said that five people came to her house on the 15th evening around 7.00 p.m. Two of them were Pemanis of Makandura, Surabiel of Vilegoda and the other three were strangers brought by Pemanis. All of them drank toddy and had manoic, coconut and ‘Katta Sambol’ paid the money and left around 9.00 p.m. I recorded her statement and released her.

That night itself we went to the house of Pemanis he was not there.

On the following morning around 5.00 a.m. when PC 5632 Jayawardana was coming for duty, he had seen Pemanis getting into a Matara bus. Jayawardana stopped him and brought to the police station.

I questioned Pemanis, and he promised to tell us to what happened. I recorded his statement.

According to Pemanis. He brought Juan and Surabieal from Vilegoda, Martin and Ukkuwa from Karagoda-Uyangoda and Sammy from Andapane estate and told them that ‘Mahattaya’ had brought a large sum of money and now is in the house and had decided to plunder that.

All agreed but Sammy went away. They went to Magilin’s house and had toddy, and maniac, coconut and ‘Katta’ symbol, for dinner and left to Callistus’s Mahattaya’s house around 10 p.m. Martin and he went to the mistresses room. Juan and Surabiyel were sent to tackle Mahataya and Ukkuwa was told to handle Pedrik, the old man. Every one was told that anyhow the money had to obtained. The attempt was a complete failure since there was no trace of the money in the house and they were unhappy.

Same evening we arrested Juan and Surabiyel hiding in a line rooms in Andapane estate. They were brought to the Police Station recorded their statements and they admitted committing the offence.

All the three suspects were remended to fiscal custody by me.

On the following evening. Martin and Ukkuwa had surrendered to Sub Inspector Alwis of Mawanella police and were handed over to us.

Their statements were recorded they admitted the commission of the Offence and they too were remanded to fiscal custody.

I filed a motion in M.C. Matara moving Court to produce all the suspects for an identification parade fixed for 26th Monday.

The parade was held as scheduled and Callistus identified. Juan and Suriabiyal as the persons who came to his room and his wife identified Pemanis and Martin as the suspects who attacked her that night. I filed plaint against all accused under G 296 Ceylon Penal Code read with G 32 CPC against all five accused in MC Matara under case no 26412.

Half way of the proceedings Ukkuwa was murdered in the remand jail by a fellow remandee over a sudden quarrel.

The Magistrate after a lengthy non-summary proceedings committed this case to be heard in the Supreme Court, Galle.

When this case was taken up for trial in Galle was highly contested. After one week of trial the English speaking Jury found all four accused guilty of murder and were sentenced to be hanged.

The accused appealed against the sentence but the same was turned down.

(The story is true but names are fictitious).