Thommiya Hakuruge Regi Marvin and Thommiya Hakuruge Neel Thushara Jayalaths vs. The Hon. Attorney General – CA HCC 0047-048/2022-2025

In the matter of Thommiya Hakuruge Regi Marvin and Thommiya Hakuruge Neel Thushara Jayalath, the court addressed the issue of whether the High Court adequately considered the ‘sudden fight’ exception (Exception 4 to Section 294 of the Penal Code) and the reliability of prosecution evidence, particularly a deceased witness’s deposition. The court held that the death sentence was set aside, and the Appellants were convicted of culpable homicide not amounting to murder under Section 297 of the Penal Code, reaffirming the principle that a judge has a duty to consider lesser verdicts, even if not explicitly raised by the defense, when evidence supports their applicability. This decision relied on the evidence suggesting a sudden fight, emphasizing the necessity for trial courts to consider all