Seyyadu Najibudeen Moulana v. Hon. Attorney General – HCC/0184/2019-2022

In the case between the Democratic Socialist Republic of Sri Lanka (Complainant/Respondent) and Seyyadu Najibudeen Moulana (Accused/Appellant), the Court of Appeal considered whether the High Court Judge erred by rejecting the defense of grave and sudden provocation (exception 1 to section 294 of the Penal Code) and whether a presumption under section 114(f) of the Evidence Ordinance ought to be drawn regarding the prosecution’s decision not to call a specific witness. The court determined that there was no evidence of provocation presented during trial and that the presumption in section 114(f) was not applicable as the relevant witness was not a competent witness for the prosecution under section 120 of the Evidence Ordinance. The conviction and sentences for murder, voluntarily causing