Punchi Hewage Samantha alias Mahathun vs Hon. Attorney General – SC APPEAL 168/2018-2025

In the case between The Attorney General (State) and the 4th Accused (Appellant) concerning a charge of murder, the appellate court addressed whether Exception 4 of Section 294 was applicable on the grounds that the fatal act resulted from a “sudden fight” in the heat of passion. It was held that the prosecution’s evidence demonstrated the absence of a sudden fight or provocation necessary to invoke the exception, with the fatal injury being a result of an unprovoked assault. The judgment reaffirmed that Exception 4 only operates when strict criteria—such as spontaneity, absence of premeditation, and mutual quarrelling—are satisfied. Reliance was placed on a detailed analysis of eyewitness accounts, forensic evidence, and statutory interpretation, emphasizing that deviation from a murder c