Herath Mudiyanselage Newton Premasiri vs. The Hon. Attorney General – CA HCC/0408/2017-2022

In the case between Herath Mudiyanselage Newton Premasiri (Accused-Appellant) and the Hon. Attorney General (Complainant-Respondent), the court addressed whether the conviction and sentence for murder under Section 296 of the Penal Code were appropriate or whether Exception 4 to Section 294 (sudden fight) applied, warranting a conviction of culpable homicide not amounting to murder under Section 297. The court set aside the murder conviction, determining that the circumstances revealed a sudden fight rather than premeditated intent. Instead, the Appellant was found guilty of culpable homicide not amounting to murder, and the sentence was amended accordingly. This decision reaffirmed the principle that when evidence demonstrates a spontaneous altercation, Exception 4 must be considered, eve