The State (The Embilipitiya Abduction and Murder Case)
362 Sri Lanka Law Reports [2003] 3 Sri l... DAYANANDA LOKUGALAPPATHTHI AND EIGHT OTHERS v THE STATE (THE EMBILIPITIYA ABDUCTION AND MURDER CASE) COURT OF APPEAL KULATILAKA, J. FERNANDO, J. C .A .9 3 -9 9 H.C.RATNAPURA 121/94 MAY 2,28,29,2001 JUNE 11,12,18,19,25,26, 2001 - JULY 2,3,9,10,17,18,31,2001 AUGUST 2,27,29,2001 SEPTEMBER 3,4,5,10,11,12,17,19,24,25,26,2001 OCTOBER 23,24,25,30,2001 NOVEMBER 5,6,7,12,13,19,20,21,22,26,27,28,29,200 i DECEMBER 3,7,10,11,12,2001 Penal Code - Sections 32 - 113(A), 113(b), 334, 335, 353 and 356 - Evidence Ordinance - Sections 3, 10, 11, 106 and 134 - Code of Criminal Procedure - Sections 217, 229 and 232 - Conspiracy, Abduction - Aiding and Abetting - wrongful confinement - Murder - Is intention a necessary ingredient? - Proof? - Is the offence of abduction a continuing offence?- Corroborative evidence - Dock identification -Test of spontaneity and contemporaneity - Test of Probability and - Improbability - Common intention - Applicability of section 217 Criminal Procedure Code to trial by a Judge of the High Court - Alibi - Nemo Allegans Suam Turpitudinem non audiendus est. Dayananda Lokugalappaththi and eight others v The State CA (The Embilipitiya Abduction and Murder Case) (Kulatilaka, J.) 3 6 3 In the prosecution before the High Court sitting without a jury nine accused were indicted on a total of 80 counts. Count Nos.1-4 - related to all accused to wit: Count 1 and 3 - Conspiracy to commit acts of abduction or aiding and abetting to abduct in order to secretly and wrongfully confine certain unidentified persons and in order to commit murder.
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