Democratic Socialists Republic of Sri Lanka v. Punchi Hewage Jagath Roshan alias Jagath et al. – CA 71-72/2016-2016

In the case between the Democratic Socialist Republic of Sri Lanka (Respondent) and Punchi Hewage Jagath Roshan alias Jagath (1st Accused-Appellant) and Punchi Hewage Samantha alias Mahathun (4th Accused-Appellant), the court addressed whether the convictions of the 1st and 4th accused-appellants for murder under Section 296 read with Section 32 of the Penal Code were warranted. It was held that the evidence established the 4th accused’s direct participation in the fatal attack, while the 1st accused’s role did not amount to sharing a common murderous intention. Consequently, the conviction of the 1st accused for murder was modified to culpable homicide not amounting to murder under Section 297, resulting in a sentence of 10 years’ rigorous imprisonment. The conviction and sentence of the