GAMINI VS. ATTORNEY GENERAL

GAMINI VS. ATTORNEY GENERAL

COURT OF APPEAL
SISIRA DE ABREW. J
CHITRASIRI. J
CA 227/2008
HC GAMPAHA 24/2002
DECEMBER 12,2011

Penal Code -Murder - Section 294 - Exception 4 - Section 296 - No defence of grave and sudden provocation taken up - Should the trial Judge consider such a plea?

Held:

(1) Though the accused-appellant in his defence did not take up the defence of grave and sudden provocation, the trial judge must consider such a plea in favour of the accused- appellant if it emanates from the evidence of the prosecution.

(2) Failure on the part of the petitioner or his Counsel to take up a certain line of defence, does not relieve a judge of the responsibility of putting to the jury such defence if it arises on the evidence.

APPEAL from the judgment of the High Court of Gampaha.

Cases referred to:-

1. K vs. Bellanvithanage Withanage Edwin - 41 NLR 345

2. K vs. Albert Appuhamy 41 NLR 505

3. K vs. Withanalage Lanty - 42 NLR 3 17

Indika Malawarachchi for accused-appellant

Haripriya Jayasundara SSC for AG

December 12th 2011

SISIRA DE ABREW J.

    Heard both counsel in support of their respective cases. The accused appellant in th

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