BANDARA V. HON. ATTORNEY GENERAL

BANDARA V. HON. ATTORNEY GENERAL

SUPREME COURT
DR. SHIRANI A. BANDARANAYAKE, C.J.
AMARATUNGA, J. AND
IMAM,
S.C. APPEAL NO. 62/2008
SEPTEMBER 9th , 2010

Penal Code - Section 293 - Culpable homicide - Section 294 - Culpable homicide is murder subjected to exceptions stated in Section 294- Exception 4 - Plea of sudden fight

This was an appeal from the judgment of the Court of Appeal by which the Court of Appeal had dismissed the appeal of the Accused - Appellant - Appellant and affirmed the judgment of the High Court. The High Court convicted the appellant for murder and the death sentence was imposed.

The Appellant preferred an application to the Supreme Court for special leave to appeal and the Supreme Court granted leave on the following question.

"Did the Court of Appeal misdirect itself by failing to evaluate the possibility of sudden fight that spontaneously occurred between the parties."

Held :

(1) The offence of murder in terms of Section 294 of the Penal Code is reduced to culpable homicide not amounting to murder under  Section 293 of the Penal Code, if any of the five exceptions to Section 294 could be shown to

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