Atapattu Hewawasam Malwattage Wijesena alias Bandara v. Hon. Attorney General – CA-HCC-387/2018-2018

In Democratic Socialist Republic of Sri Lanka v. Atapattu Hewawasam Malwattage Wijesena alias Bandara, the court addressed the propriety of the accused-appellant’s conviction for murder under Section 296 of the Penal Code. It was held that the conviction was unsafe due to deficiencies in the prosecution’s circumstantial evidence, lack of admissible and reliable extra-judicial confession, and non-compliance with procedural requirements under Section 48 of the Judicature Act. The principle that “suspicious circumstances do not establish guilt” was reaffirmed, with reliance on established precedents regarding the evaluation of circumstantial evidence and the necessity of proof beyond reasonable doubt. The decision established that convictions based solely on uncorroborated and procedurally de