Thangarasu Ramachandran v. Hon. Attorney General – CA HCC/0065/2019-2022

In the case between The Democratic Socialist Republic of Sri Lanka (represented by the Hon. Attorney General) and Thangarasu Ramachandran, the court examined whether the conviction and death sentence for murder should be upheld and whether the appellant was entitled to Exception 4 to section 294 of the Penal Code. It was held that the appellant was not entitled to the benefit of Exception 4, as the findings established that the killing was accompanied by cruelty and undue advantage, as evidenced by the severe injuries inflicted. The principle reaffirmed is that Exception 4 to section 294, which mitigates murder to culpable homicide not amounting to murder in cases of sudden fight or quarrel, does not apply where cruelty or undue advantage is present. This determination was made by applying