Wedamulla Medanage Hewananda vs Hon. Attorney General – CA NO. 28/2011-2013

In the case between Wedamulla Medanage Hewananda (Appellant) and the Hon. Attorney General (Respondent), the court addressed whether an appeal filed by the accused-appellant should be allowed to proceed after notification of the appellant’s death. It was determined that upon confirmation of the appellant’s death by both counsel and the Superintendent of Prison, and acknowledgment from the State Counsel, the appeal could not continue. Accordingly, the appeal was formally abated. The principle reaffirmed is that a pending appeal is rendered abated with the appellant’s death, halting further appellate proceedings. This determination is guided by the established process in criminal appeals to ensure proceedings are not continued posthumously where the appellant is deceased.

Sisira de Abrew J.