Alpenerislage Nishantha Jayalath alias Pol Kandana Nishantha vs. The Attorney General – CA HCC/0220/2017-2022

In The Attorney General, Democratic Socialist Republic of Sri Lanka v. Alpenerislage Nishantha Jayalath alias Pol Kandana Nishantha, the court addressed whether the accused received a fair trial and whether conviction for murder under Section 296 of the Penal Code was sustainable, or if culpable homicide not amounting to murder under Section 294 exception 4 was more appropriate in view of the circumstances of a sudden quarrel. The holding determined that the established facts supported a conviction for culpable homicide not amounting to murder rather than murder, emphasizing that the trial judge must consider lesser offenses supported by evidence, even absent a formal plea. Reliance was placed on statutory provisions of the Penal Code and relevant precedent, reiterating the court’s duty in