Hiniduma Dahanayakage Siripala alias Kirimahaththaya and Henpitagamage Shantha vs The Democratic Socialist Republic of Sri Lanka – CA 2/2008-2014

In the case between The Democratic Socialist Republic of Sri Lanka and Hiniduma Dahanayakage Siripala alias Kirimahaththaya and Henpitagamage Shantha, the court addressed the issue of whether non-compliance with Section 196 of the Criminal Procedure Code (CPC)—specifically, the failure of the trial Judge to read and explain the indictment to the accused and ask for their plea—vitiates the convictions and sentences for murder and causing injuries. It was held that compliance with Section 196 CPC is a mandatory procedural requirement, and failure to comply invalidates the conviction regardless of whether the accused were represented by counsel. The principle reaffirmed is that statutory safeguards ensuring a fair trial cannot be bypassed and that representation by counsel does not excuse non