Meewaduma Arachchige Udayasiri and other vs The Attorney General – CA 95/2008-2012

In the case between Meewaduma Arachchige Udayasiri, Pestheru Liyanaralalage Lasantha Shaymal Cooray, Kukule Kankanamlage Mahthun (Accused/Appellants) and the Attorney General of the Democratic Socialist Republic of Sri Lanka, the court addressed whether the conviction of the appellants under Section 297 of the Penal Code (culpable homicide not amounting to murder) was sustainable, particularly focusing on the accused’s right of private defence and the distinction between knowledge and intention regarding the causing of death. It was held that, despite a recognized irregularity in the trial judge’s assessment of private defence, this had not led to any miscarriage of justice or substantial prejudice to the accused. The principle reaffirmed was that appellate intervention is unwarranted wher

REF: CA 95/2008-2012 Category: Tag:
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