Thammalage Bandula Fernando and others Vs. The Hon. Attorney General – CA PHC APN 141/2015-2015

In the case between The Democratic Socialist Republic of Sri Lanka (Complainant-Respondent) and Thammalage Bandula Fernando and Thombu Marakkalage Chandana Sujith Kumara Fernando (Accused-Petitioners), the court addressed the revision of sentencing orders under Sections 297 and 314 of the Penal Code. It was determined that while the sentence under Section 297 for culpable homicide was proper, the sentence under Section 314 for voluntarily causing hurt was excessive and illegal. The principle reaffirmed is that revisionary jurisdiction may be exercised in exceptional circumstances—such as illegal or excessive sentences—even when there is delay, provided a demonstrable error exists. The court relied on statutory sentencing limits within the Penal Code and relevant precedent concerning revisi