The Honorable Attorney General vs Colombage Chaminda Rohitha – CA APPLICATION NO. 104/2010-2017

In the case between The Honorable Attorney General of the Democratic Socialist Republic of Sri Lanka and Colombage Chaminda Rohitha, the court addressed whether the conviction of the second accused-appellant for culpable homicide not amounting to murder and causing grievous hurt was supported by sufficient evidence, and whether liability could attach under Sec. 32 of the Penal Code for acts committed with a common intention. The court held that the evidence did not adequately establish the appellant’s direct involvement in the fatal act and found the High Court Judge’s inference, based on the appellant’s act of handing over a box of weapons, to be unsustainable as proof of culpability. This decision reaffirmed the principle that common intention liability requires clear, cogent evidence li