The University of Kelaniya was established in 1959. At that time it was called "Sri Lanka Vidyalankara University". The motto of the university is “Pagnaya Parisujjhati”. Like other universities in Sri Lanka, it is a university that inherits a very beautiful and free environment. The movie "Salelu Varama" directed by Mr. Wasantha Obeysekera starring Kamal Addararachchi and Sangeetha Weeraratne based on the case of this judgment has joined the cinematography of Sri Lanka. Premalal, the accused appellant in this case, was a very bright student and his intention was to become a lecturer. Living a single life, he meets a hooker in his senior year of university.
Her name was Maduvanti. When there is a relationship like this, according to the university language, there is a name for the male side. Accordingly, Premalal is a "Lambert". They have lived very lovingly in Depala Kelaniya University's places of lovers, 'Tal Weta', 'Saibe', 'Taruwa' and 'Ambasewana'. These two were the most popular lovers in the university. Time passed slowly. Dated April 22, 1992 A few days have passed since the New Year holidays. As usual, the day dawned with the sound of birds and the renewed environment of the university grounds and bathed in sunshine. But all this charming environment turned into a day when a very tragic incident happened. Besides Premalal, Madhuwanti has a boyfriend in her village. His name is Susantha. The relationship between these two dates back to their school days. This relationship continued even after entering Maduwanti University.
But Premalal does not know that. Her father also said during the testimony that he was not aware of this. As usual, Madhuvanthi Laka got ready and left to go to the lectures with her friend Patrick. Her friend's name is Celine Patrick and she is a key witness for the prosecution in this case. According to her testimony, she tried to convince that there was no romantic relationship between Madhuwanti and Premalal and that the deceased Madhuwanti was just a friend. But there are two main things revealed by her testimony and the university guard. However, the appellant's lawyers have pointed out that her testimony is hard to believe. But the defense witness, Premalal's best friend or Ruma, Kulathilaka Bandara, has indicated in his evidence that Maduwanti and Premalal were a very popular couple in the university, and that they often met at the hotel named "Kelaniya Inn" and exchanged letters between them. .Furthermore, the main point that emerged from his testimony is that both of them went to the said hotel before conducting the final examination of the final year, and then Premalal's behavior changed, he often spent time in Ambasevena and started drinking and getting drunk and expressing grievances about Maduvanti. "Maduvanti is a little bit of comfort for me. That too is disappearing." By this time, Premalal had heard about the secret marriage of Maduvanti and her village lover. The marriage certificate of the said marriage has also been filed as evidence in this case. Even her father was not aware of this affair and came to know after her death.Premalal could not bear this unfortunate news. Below are some of the most important lines in the love letters sent by the deceased woman who appeared in the case. "Because I am a married woman, if you can, in the name of humanity, let me live and let me live." "You are an honest person with very good humanity. I have not done wrong on purpose, Lal. I am sorry for everything, Lal. I know that I have added so much pain to your life." The shame and humiliation that happened to him with this news may have caused the love, sadness and anger in his heart to go out of control.
Later that day, he stormed out of the boarding house with a knife and a vial of poison in his hand. He came from behind Maduwanti who was going to lectures, ordered her to stop, stabbed two knifes and immediately ran and drank a bottle of water. His life was not harmed. But his girlfriend, whom Premalal loved, died even when he was taken to the hospital. Thus, their lives were written as if they were not thought of separately. Both the key facts that Premalal stabbed Madhuwanti and then ran and drank a vial of poison from his pocket have been revealed by the testimony of the friend Patrick and the university guard as mentioned above. Premalal was arrested for Madhuvanti's murder and after a High Court trial, he was sentenced to life imprisonment for the murder.
Later this accused lawyer Dr. An appeal was filed to the Supreme Court through Mr. Ranjith Fernando and lawyer Mr. Gayan Perera. The lawyers have pointed out that the main reason for this death was the "Grave and Sudden Provocation" caused by Premalal. That is, causing the death of another person due to lack of self-control due to a serious, sudden and provocation, which is provided as an exceptional case (Exception 01) under Section 294 of the Penal Code and can be used as a defense against a charge of murder.
Accordingly, considering the facts of the above case and Bandara's testimony, the Hon'ble Supreme Court Kulathilaka Judge has indicated as follows. Interpreting the phrase “sudden provocation” it has been pointed out that the provocation must consist of a single act prior to the murder, such that anger has not had time to subside and a reasonable man should be capable of reacting to the act as the accused did. But according to this incident, after his girlfriend secretly married another person, all the despair of the accused, the loss of his dream of becoming a lecturer, the loss of his only relieved girlfriend, and the fact that fellow students of the university could not face the society, all these factors came together when Kati was killed.
It was pointed out that there is. And according to Bandara's testimony, the changes in the accused's behavior since a few days before the murder clearly reflect the mental agony and loss of self-control that he had experienced after killing his girlfriend and running and drinking a bottle of poison. They further pointed out that it is confirmed. Accordingly, according to a unanimous decision of the honorable judges of the Supreme Court, in order to reduce the life sentence imposed on the charge of murder, the charge of murder on the defendant's plea of sudden provocation was determined as Culpable Homicide Not Amounting to Murder and in accordance with Section 297 of the Penal Code. It was reduced to 15 years of hard labor.
Premalal V. The Attorney General (2000) 2 SLR 403 Case Report: https://www.lawnet.gov.lk/wp-content/uploads/2016/11/039-SLLR-SLLR-2000-V-2-PREMLAL-v.-ATTORNEY-GENERAL.pdf #Kelaniya #UOK
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