Francis Wijesuriya vs Officer-in-Charge, Police Station, Beliatta – CA PHC 24/2000-2013

In the case between Francis Wijesuriya (Accused-Appellant) and the Officer-in-Charge, Police Station, Beliatta, & the Hon. Attorney-General (Respondents), the court addressed the issue of whether proceedings could continue following the appellant’s death during a pending criminal appeal. It was held that, upon confirmation of the appellant’s demise, the appeal abated and the case proceedings were formally terminated. This outcome reaffirmed the procedural principle that criminal proceedings do not survive the death of an accused and must be concluded upon such notification, as recognized by established legal practice and precedent.

Deepali Wijesundera J. — Upon being notified by counsel of the appellant’s death and receipt of the death certificate, it was determined that the case proceed