Madanasinghalage Nimal Perera vs Hon. Attorney General – CA HCC/0101/15-2024

In the case between the Democratic Socialist Republic of Sri Lanka (through the Attorney General’s Department) and the 2nd accused-appellant (implicated in the murder of Perimasamy Sadasivam Subramanium), the court addressed the admissibility and reliability of a dying declaration, especially when it is at odds with eyewitness and medical evidence. It was held that reliance upon such a dying declaration—unsupported by other evidence and contradicted by medical findings—cannot sustain a conviction. The decision reaffirmed the principle that conviction cannot be based solely on uncorroborated dying declarations, particularly when inconsistencies are present and when the totality of evidence does not establish guilt beyond a reasonable doubt. This holding relied on the standards in the Eviden