Dompage Don Rasika Madan vs. The Hon. Attorney General – CA/HCC/0068/2023-2024

In the case between Dompage Don Rasika Madan (Accused-Appellant) and the Hon. Attorney General, the court addressed the legal issue of whether the conviction for murder under Section 296 of the Penal Code was justified in light of evidence indicating a sudden fight, thus potentially invoking the exception of culpable homicide not amounting to murder under Section 294 (Exception 4). The court held that the evidence established the occurrence of a sudden fight, requiring the consideration of a lesser charge. It was determined that the original sentence of death should be set aside and replaced with a term of 10 years’ rigorous imprisonment and a fine. This judgment reaffirmed the legal principle that, where the evidence supports the possibility of an exception such as sudden fight, the trial