Thambirasa Kuganeswaran Alias Suthan vs. The Hon. Attorney General – CA 28/2018-2021

In the case between Thambirasa Kuganeswaran Alias Suthan (Accused–Appellant) and The Hon. Attorney General (Complainant–Respondent), the court addressed the issue of whether the High Court erred in rejecting the accused-appellant’s plea of “grave and sudden provocation” in a murder conviction under section 296 of the Penal Code. The court held that the evidence supported the defence of grave and sudden provocation, and the facts warranted a conviction for culpable homicide not amounting to murder under section 297 rather than murder. This decision reaffirmed the principle that extenuating circumstances and the absence of premeditation must be carefully considered to distinguish between murder and culpable homicide. The decision relied on the relevant provisions of the Penal Code and establ