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IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA
P. Kumararatnam, Pradeep Hettiarachchi, JJ
Gamage Dharmasiri Gamage – Appellant
Versus
Hon. Attorney General – Respondent
| Table of Content |
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| 1. the altercation leading to the stabbing stemmed from a drunken context with no prior animosity. (Para 1 , 3 , 5) |
| 2. defence arguments focused on the nature of the incident as a reactive response. (Para 6 , 8 , 20) |
| 3. the incident was evaluated under the purview of sudden fight exception, questioning premeditation. (Para 11 , 12 , 18) |
| 4. conviction for murder was reversed; culpable homicide considered appropriate given the circumstances. (Para 27 , 31) |
Judgment
1. The Accused-Appellant (hereinafter referred to as the Appellant) was indicted before the High Court of Badulla for having committed the murder of Konara Mudiyanselage Sagara Wasantha Konara on 04.04.2010 which is an offence punishable under section 296 of the Penal Code . After a trial without a jury, the learned High Court Judge convicted the appellant of the offence of murder under section 296 of the Penal Code and sentenced him to death.
2. It is against the said conviction and sentence the appellant has preferred the instant appeal. For the prosecution, 12 witnesses testified including the interpreter of the High Court of Badulla. The appellant made a Dock Statement.
The facts germane to this case are as fo
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