W.M.B.G. Sooriyarathne Banda v. The Attorney General of the Democratic Socialist Republic of Sri Lanka – CA HCC/247/2012-2021

In the case between The Attorney General of the Democratic Socialist Republic of Sri Lanka and W.M.B.G. Sooriyarathne Banda, the court examined whether the accused-appellant had shared a common intention with the first accused to murder the deceased, Abeymanike, thereby justifying conviction for murder under Section 296 of the Penal Code. It was held that the prosecution failed to establish beyond reasonable doubt that the appellant had a shared intention with the principal offender in the killing. The principle reaffirmed was that liability for murder via common intention under section 32 of the Penal Code requires persuasive proof of a pre-arranged shared intent, and mere temporal proximity or similar acts do not suffice. Precedents such as King vs. Assappu, Wilson Silva vs. the Queen, a