Kaluduru Wisaka Thabrew vs Hon. Attorney General – CA 72-73/20-2025

The case between Kaluduru Wisaka Thabrew and Agampodi Upul Susantha De Zoysa alias Loku Raja (Appellants) and the Hon. Attorney General (Respondent) addressed the issue of whether the conviction and death sentence imposed for murder under section 296, read with section 32, of the Penal Code by the High Court of Balapitiya was legally justified. The court set aside the convictions and sentences on the grounds of significant inconsistencies and deficiencies in the prosecution evidence, improper treatment of the alibi and dock statements, and procedural lapses, reaffirming the principle that the benefit of the doubt must be afforded to the accused in criminal cases. This decision relied on established principles concerning the burden of proof and credibility of prosecution evidence, emphasizi