Archives

The Court of Appeal has set aside the conviction and sentence of death passed on a murder accused substituting it to 15 years' rigorous imprisonment for the charge of culpable homicide not amounting to murder.

Court of Appeal Judge Justice Raja Fernando held that the trial judge had failed to consider the "sudden fight" factor in consideration of the full evidence.

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

The incident had taken place in the boutique occupied by Lasankara Ranjith Somaratne on October 16, 1988 around 1.30 pm.

According to the judgement, the accused-appellant Senanayake Ralahamilage Harischandra Senanayake admits stabbing Somaratne in the course of a sudden fight in self defence.

It was submitted by the counsel for the appellant that the trial judge had failed to consider the sudden fight even though there was evidence that Senanayake himself was injured and in his dock statement he took up the position that he was attacked by Somaratne and some others in the boutique.

J. R. Bandara, an employee of Somaratne and Sanjeewani Somaratne, daughter of Somaratne gave evidence.

According to Bandara, he was an employee under Somaratne who was managing a grocery store and a restaurant in a building belonging to Senanayake. On October 16, 1988, about 1.30-2 p.m. he had seen Senanayake stab Somaratne inside the shop and also smash the showcases and bottles. The injuries on Senanayake were not explained by the witness, although he spoke about having seen the incident from its inception.

Sanjeewani had not seen the incident from the beginning and therefore she was not in a position to explain injuries on Senanayake.

According to police evidence, Senanayake had appeared at the police station at about 3.45 p.m. with a knife and made the first complaint. The incident in the boutique is alleged to have taken place between 1.30 - 2.00 p.m.

Police observed furniture and food items thrown about in the boutique and also outside the boutique. The police officer observed abrasions on Senanayake's face and elbow when he came to the police. Senanayake in his dock statement did take up the position that he was assaulted by Somaratne and several others when he was passing the boutique.

On a consideration of all evidence, a sudden fight arose which the trial judge failed to consider, the Judgment said.

Dr. Ranjith Fernando with M. S. M. Suhaid, Dandamali Munasinghe, Sandamali Manatunga and Rammali Seneviratne Jayawardena appeared for the accused-appellants.

Senior State Counsel Buvaneka Aluvihare appeared for the Attorney General.

News | Business | Features | Editorial | Security
Politics | World | Letters | Sports | Obituaries |

Produced by Lake House
Copyright 2001 The Associated Newspapers of Ceylon Ltd.
Comments and suggestions to :Web Manager