Gamage Dharmasiri Gamage vs Hon. Attorney General – CA HCC 0047/2023 -2025

This case involves an appeal by Gamage Dharmasiri Gamage (Accused-Appellant) against his conviction for murder and death sentence by the High Court of Badulla. The Hon. Attorney General was the Respondent. The core legal issue was whether the incident constituted murder under Section 296 of the Penal Code or culpable homicide not amounting to murder under Section 294 Exception 4, punishable by Section 297. The Court of Appeal found that the High Court failed to properly evaluate witness credibility and adequately consider the defense version, particularly the defense of a sudden fight. The incident, which occurred after a verbal altercation and physical confrontation fueled by alcohol, was determined to lack premeditation and fall under the exception of a sudden fight in the heat of passio