IN THE COURT OF APPEAL OF THE DEMOCTRATIC SOCIALIST REPUBLIC SRI LANKA In the matter of an application for revision under and in terms of Article

138 of the Constitution of the Democratic socialist republic of Sri Lanka.

Court of Appeal No:

CA/PHC/APN/CPA- NO: 21/2025 MC Matara Case No: 585/2018 Officer-in-Charge Police Station Mawarala Complainant V.

Thotagamuwa Kankanamge Gunethilake Near Public Market Mawarala Accused AND BETWEEN Thotagamuwa Kankanamge Gunethilake Near Public Market Mawarala Accused –Appellant Vs.

Officer-in-Charge Police Station Mawarala Complainant- Respondent Vs.

The Attorney General Attorney General’s Department Colombo 12. Respondent AND NOW BETWEEN Thotagamuwa kankanamge Gunethilake Near Public Market Mawarala Accused –Appellant-Petitioner Vs.

Officer-in-Charge Police Station Mawarala Complainant- Respondent-Respondent The Attorney General Attorney general’s Department Colombo 12.

Respondent-Respondent Before : B. Sasi Mahendran, J.

Amal Ranaraja, J Counsel: Sarinda jayawardena for the Accused- Appellant-Petitioner Supported On: 12.03.2025 Order On: 01.04.2025 B. Sasi Mahendran, J.

The Petitioner instituted this revision application seeking inter alia to revise and set aside the sentence imposed on the Accused-Appellant- Petitioner by judgment dated 11.11.2021 delivered by the Provincial High Court of Southern Province holden in Matara in the appeal bearing No. HC/Appeal/206/2019.

The Petitioner states that he was charged on 13.02.2019 in the Magistrate’s Court of Deiyandara for causing grievous hurt to Hettiarachchige Nilantha on 30.09.2018 at Mawarala, an offence punishable under Section 316 of the Penal Code.

The Petitioner avers that the prosecution led the evidence of the victim as PW1 and PC Agalaka Arachchige Chinthaka Priyadarshana, the investigating officer. The Prosecution also marked the Medico-Legal Report as පැ-2 and a wooden rod as පැ-1 and closed the case for the prosecution. Thereafter, the Petitioner gave a dock statement.

At the conclusion of the trial, the Learned Magistrate by judgment dated 21.08.2019 convicted the Petitioner of the offence of voluntarily causing grievous hurt and sentenced a fine of Rs. 1,000/- and a compensation of Rs. 10,000/- to be paid to PW1, the victim.

The Petitioner being aggrieved by the said judgment of the Learned Magistrate of Deiyandara, preferred an appeal to the Provincial High Court of Southern Province holden in Matara on 09.09.2019 on the following grounds;

a. The Learned Magistrate had failed to consider the contradictions in the evidence in prosecution witnesses.

b. The Learned Magistrate had failed to consider that the prosecution had failed to prove the case beyond reasonable doubt c. The Learned Magistrate had imposed an excessive sentence on the Petitioner.

Nevertheless, the Learned Judge of the Provincial High Court delivered the judgment on 11.11.2021 affirming the judgment of the Learned Magistrate. The Learned Provincial High Court Judge enhanced the sentence imposed by the Learned Magistrate in the following manner;

1. One year of rigorous imprisonment

2. A fine of Rs.1000/- and a default sentence of three months imprisonment

3. A compensation of Rs.100,000/- to be paid to PW1.

The Petitioner being aggrieved by the said judgment of the Learned Provincial High Court Judge, invokes the revisionary jurisdiction of this Court on the following grounds which give exceptional circumstances;

1. Whether the Honourable Provincial High Court Judge of Matara erred in law when enhancing the sentence imposed on the Petitioner by the Learned Magistrate of Deiyandara, without permitting the Petitioner a show cause relating to the said enhancement of the sentence?

2. Whether the decision of the Honourable Provincial High Court Judge of Matara violates the rules of Natural Justice by failing to afford an opportunity to the Accused-Appellant-Petitioner in enhancing the sentence imposed on him, especially where neither the Complainant nor the aggrieved party has preferred an