Kamalanathan Gangatharan and others Vs. The Hon. Attorney General – CA HCC/269-270/2014-2014

In the case between The Democratic Socialist Republic of Sri Lanka, represented by the Hon. Attorney General, and Kamalanathan Gangatharan (with the appeal of Sivarasa Sumathy abating due to her death), the court addressed the issue of whether the conviction and death sentence for murder, based solely on circumstantial evidence, was legally sustainable. It was held that the evidence adduced was insufficient to prove guilt beyond reasonable doubt, especially given significant contradictions in the prosecution’s case regarding the recovery of alleged murder weapons and the handling of key police witness testimony. The principle reaffirmed is that, under Sri Lankan law and Section 27(1) of the Evidence Ordinance, circumstantial evidence must be cogent, reliable, and untainted by contradictory