Sirisena Senadheera vs Hon. Attorney General – CA 187/2009-2009

In the case between The Democratic Socialist Republic of Sri Lanka and Sirisena Senadheera, the court addressed the issue of criminal liability for causing death by a rash and negligent act under section 298 of the Penal Code, and for causing injuries under section 328 of the Penal Code. It was held that, despite the absence of direct evidence, circumstantial evidence established the accused’s responsibility for connecting live electrical wires to an estate fence, resulting in one death and two injuries. The principle reaffirmed was that criminal liability may be imposed where conduct is grossly negligent and endangers human life, even if direct evidence is lacking, provided the facts are proved beyond reasonable doubt. This relied on legal precedents regarding gross negligence (notably, A