Thudugalage Don Lasantha Niroshan vs Hon. Attorney General – CA-HCC-105-106/20-2023

In the case between Thudugalage Don Lakshman Priyankara and Kaluarachchige Somasiri (2nd and 4th Accused-Appellants) and the Attorney General, the court addressed the issue of whether the appellants shared a common murderous intention with other accused under Section 32 of the Penal Code, sufficient to sustain a conviction for murder. It was held that the evidence, including eyewitness testimony and forensic reports, was insufficient to establish that the appellants shared a pre-arranged intent to commit murder. The principle reaffirmed is that presence at the scene or subsequent involvement does not, ipso facto, establish joint liability under common intention unless supported by clear evidence. The findings relied on analysis of Section 32 of the Penal Code and appellate precedents conce