Dharmasena v. The State (SLR 212, Vol 1 of 1994) – sllr 1994 volume 1 page 212

In the case between Dharmasena (accused-appellant) and the State, the court addressed whether an accused’s election for trial by jury, under the Code of Criminal Procedure, may be validly altered through communication by counsel rather than the accused personally. It was determined that counsel may convey the accused’s intention to change the mode of trial, and the restriction binding the accused to the initial election applies only to the selection of the jury panel, not the method of trial overall. The appeal was dismissed, and the conviction and death sentence were affirmed. The decision relied upon Sections 161, 195(ee), and 195(f) of the Code of Criminal Procedure, emphasizing the procedural flexibility for the accused before the commencement of trial.

A. DE Z. GUNAWARDENA J. — It w