Govindan Kandasami et al. vs The Attorney General – CA HCC/0364/367/2018-2022

In the case between Govindan Kandasami, Somasundaram Sundararaj, Ammawasi Thangeswaram, Arumugam Alagan (accused-appellants) and the Democratic Socialist Republic of Sri Lanka (Attorney General, respondent), the court addressed whether the evidence, particularly the medical evidence, supported a conviction for murder under section 296 of the Penal Code or whether a lesser charge of culpable homicide not amounting to murder under section 297 was appropriate, especially considering the possibility of a sudden fight without premeditation as outlined in Exception 4 to section 294. It was determined that the medical evidence was insufficient to support a conviction for murder, and that the facts indicated a sudden altercation rather than premeditated action. The conviction for murder was theref