Court of Appeal Acquits Appellant in Murder and Robbery Case Due to Evidentiary Issues

Case Summary: CA HCC 123/2013

Parties:

• Complainant-Respondent: Hon. Attorney General, Democratic Socialist Republic of Sri Lanka
• Accused-Appellant: Murugaiya Chandramogan

Issues:

1. Sufficiency of Circumstantial Evidence: Whether the prosecution’s circumstantial evidence was enough to convict the appellant.
2. Admissibility of Evidence: Whether the evidence of a key witness (PW-03) was legally admissible under Section 33 of the Evidence Ordinance.
3. Consideration of Dock Statement: Whether the High Court Judge properly considered the accused’s explanation in his dock statement.

Judgment:

• The High Court convicted the appellant for murder (sentenced to death) and robbery (10 years’ imprisonment and fines).
• The Court of Appeal overturned the conviction, citing errors in admitting key witness testimony and failure to consider the accused’s dock statement, which explained possession of stolen property.
• The Court ruled that a retrial was not appropriate due to the passage of time (15 years since the offence, 11 years in prison).
• The appellant was acquitted of all charges, and the High Court was directed to comply.