P.Wasantha Kumara vs Hon Attorney General – CA HC/265/2013-2013

In the case between P. Wasantha Kumara (Petitioner/Accused-Appellant) and the Hon. Attorney General (Respondent), the court addressed the issue of whether a conviction for murder should be reduced to culpable homicide not amounting to murder, considering the circumstances including the occurrence of a sudden fight and absence of premeditation. It was determined that, based on the evidence, especially the post-mortem report and the fact that only a single injury was inflicted with an empty liquor bottle during a sudden altercation, the charge of murder was not sustainable. The conviction was set aside and substituted with a conviction for culpable homicide not amounting to murder under Section 297 of the Penal Code. The sentence imposed was 10 years’ rigorous imprisonment, a compensation of