Thambirajah Kunenthiran vs. Hon. Attorney General – HCC-0131/16-2023

In the case between the Hon. Attorney General, The Attorney General’s Department, Colombo 12 (Complainant-Respondent) and Thambirajah Kunenthiran (Accused-Appellant), the court addressed whether the conviction for murder should be varied to culpable homicide not amounting to murder under Section 331(1) of the Code of Criminal Procedure. It was held that, upon agreement of both parties, the verdict should be altered to culpable homicide not amounting to murder, and the imposed sentence changed from the death penalty to a term of 7 years’ imprisonment from the date of conviction, along with a fine of Rs.50,000 and a 1-year default imprisonment. The principle reaffirmed is that the appropriate charge and sentence must reflect the evidence of knowledge rather than intent for murder. The decisi