W.D.Weerarathe alias Kande Lamaya vs. The Attorney-General – CA NO.104/2011-2014

In the case between W.D. Weerarathe alias Kande Lamaya (Appellant) and The Attorney-General (Respondent), the court addressed whether the conviction for murder and resulting death sentence were justified, or if a lesser conviction for culpable homicide was warranted due to the circumstances of the altercation. It was held that the evidence established a sudden fight between intoxicated parties, lacking premeditated intent, thus not amounting to murder. The conviction for murder and the death sentence were set aside. A conviction for culpable homicide not amounting to murder under section 297 of the Penal Code was substituted, and a sentence of ten years’ rigorous imprisonment and a fine was imposed, with time already served in remand to be taken into account. The holding reaffirmed that tr