Sri Lanka Henayalage Somaratne alias Konde Kapana Aya vs Hon. Attorney General – CA 282/2008-2013

In the case between the Democratic Socialist Republic of Sri Lanka and Sri Lanka Henayalage Ghanaratne alias Batiya, Sri Lanka Henayalage Somadasa, and Sri Lanka Henayalage Somaratne alias Konde Kapana Aya, the issue addressed concerned the abatement of the appeal due to the death of the 2nd appellant (who was the 3rd accused) and further proceedings regarding the appeal of the 1st appellant. It was held that the appeal of the 2nd appellant (3rd accused) should be abated upon confirmation of death, and the appeal of the 1st appellant (2nd accused) should proceed to be heard at a future date. The principle reaffirmed is that appellate proceedings abate upon the confirmed death of an appellant. Reliance was placed on the necessity for official documentary confirmation by a competent authorit