Rathnayake Mudiyanselage Mahinda Rathnayake Vs. The Hon. Attorney General – CA HCC 0007/2022-2025

This case involves an appeal against a murder conviction and death sentence. The Accused-Appellant was found guilty by the High Court for the murder of Rajakaruna Mudiyanselage Chaminda Bandara alias Gamini. The central legal issue was the applicability of cumulative provocation, arising from the deceased’s affair with the Appellant’s wife, to reduce the charge. The Court of Appeal, considering legal precedents on cumulative and sustained provocation, determined that the Appellant’s self-control was diminished by prolonged mental distress. Consequently, the death sentence was set aside, and the Appellant was convicted of culpable homicide not amounting to murder, with a sentence of 10 years rigorous imprisonment, a fine, and compensation ordered.

P. Kumararatnam, J. delivered the judgme