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AMARASEKARA VS. ATTORNEY GENERAL


AMARASEKARA

AMARASEKARA
VS.
ATTORNEY GENERAL

COURT OF APPEAL
A.H.M.D. NAWAZ, J.
K.K.WICKRAMASINGHE, J.
CA 149/2012
HC PANADURA 1806/2004
September 15, 2015.

Penal Code - Section 296 - Convicted of culpable homicide not amounting to murder based on knowledge - Accused of unsound mind - Medical condition at commencement of trial - Criminal Procedure Code No. 15 of 1979 -Sections 279, 283, 304, 306, 375(1). 380, 381 - Protection of the rights of persons with Disabilities - Act 28 of 1996 - Mental Diseases Ordinance 1873 - amended 27 of 1956 - Does the Criminal Procedure Code provide for post conviction illnesses of mentally unsound convicts?

The accused - appellant was indicted for having committed the offence of Murder punishable under Section 296 of the Penal Code - He was convicted after the trial for the offence of culpable homicide not amounting to murder - and sentenced to 3 years of rigorous imprisonment.

The counsel for the accused appellant confined his appeal to the question of sentence - and contended that the record speaks for itself on the mental condition of the accused appellant, the accused had tried to commit suicide on a number of occasions, and he






































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