Ishantha Kalansooriya vs Karunaratne and others SC FR Application No. 112/2010

On 24.01.2010 at or about 10.30 pm, the Petitioner was travelling on a pillion of a motor bike ridden by his friend Nanayakkara Masachchige Nalin Dayanga (Nalin) and were travelling along Galle-Baddegama road. While he was travelling in front of Meepawala Karunanyake’s
house Sarath Kalansooriya (“Sarath”)gave a call to him to inquire about a matter involving one of his friends

The Petitioner stated that he had a friendly conversation with Sarath to resolve a minor dispute regarding a verbal abuse which had taken place between Somasiri Madanayake and Sarath. The Petitioner states that within few minutes the 1st Respondent came in a police jeep bearing registration number WP LE 9080 along with the 2nd and the 3rd Respondents and few other police constables and without making any inquiry slammed and punched his face whilst the other constables hit him with their weapons.

For the above reasons, I am of the view that the version given by the Respondents is more probable than the version given by the Petitioner. The Petitioner had failed to establish his case on balance of probability. The Application is dismissed. No costs.

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