Thuwan Anush Yunush vs Hon. Attorney General – CA HCC/0054/22-2023

In the case between Thuwan Anush Yunush (Appellant/Accused) and the Democratic Socialist Republic of Sri Lanka and the Attorney General (Respondents), the court addressed the admissibility and probative value of an alleged dying declaration used to convict the accused of causing his wife’s death. It was held that the conviction was based on unreliable and improperly recorded evidence, particularly concerning the dying declaration and supporting witness testimonies. The principle reaffirmed was that a conviction must be established beyond reasonable doubt, with strict adherence to evidentiary standards, especially when relying on dying declarations. The decision was guided by procedural safeguards and precedential standards governing admissibility of such statements, emphasizing that any de