Illicit love affairs end in murder

by Justice P.H.K. Kulatilaka

[Part 3]

A month prior to her final examination she let out her secret. It struck him like a thunderbolt. By this time there was evidence that Maduwanthi and Premalal used to meet at a motel in Kelaniya. Poorf soul lost his head. He gave up his studies. Maduwanthi wrote to him - 'I am a married woman, if you can in the name of humanity you live and let me live'.

According to Premalal'a room-mate when he had come to know that she would go abroad with her husband soon after the final examination his condition became worse so much so Muduwanthi wrote to him again - 'You are a sincere person with good human qualities, I haven't done any wrong intentionally. Excuse me for everything. I know that all this pain came to your life because of me'. (Premalal vs Attorney General). Victim's letter speaks to the pain of mind the accused was undergoing. He did not want to lose her. In that state of mind he decided to put an end to his sweet heart's life and follow her to the grave.

Crime was brutal

It is interesting to note why crime doers took a close buddy along with them at the point of time they executed their dastardly acts. Former Supreme Court Judge in his book Famous Criminal Cases of Sri Lanka expressed his view as follows. 'It always intrigues the investigator as to why criminals should be so stupid as not to take elementary precautions against detection, leaving traces of their criminality to be discovered later. May be that they feel so confident that they do not seek to take obvious precautions or they may be so obsessed with the plan prepared for the commission of the criminal act they become careless'.

The sordid tale of Lilian's murder was unravelled with the identification of the dead body by Babun Nona and Sugathadasa's driver's statement to the police after he surrendered to Nuwara Eliya.

Magistrate on February 17 that he knew the circumstances under which Lilian was killed. His testimony in court spoke of the sad tale. After the intended compromise failed Sugathadasa had falsely suggested to the deceased that he would take her to Kataragama. At a petrol shed in Pamburana he pumped petrol to his car and got the driver to buy cigarettes and string hoppers from Wellington Hotel.

The killer thus left behind a set of tell tale evidence that would be used at the trial to corroborate the driver's version. When they left Pamburana in Matara it was 11 p.m. By then Sugathadasa was sitting at the back seat with Lilian while the child was fast asleep. The driver heard Sugathadasa and Lilian whispering in English.

It was around 2.30 a.m. On January 31 when they reached Hambanthota. Sugathadasa ordered the driver to take the Wellawaya Road. During those times it was not safe to go along this road even during day time for the area was elephant infested.

Approaching Wirawila tank the driver heard a gurgling sound (" gora, gora sound") from the back seat. When he looked back he was terrified by what he saw. Sugathadasa was strangling Lilian's throat.

When he protested the killer pointed a pistol at him saying, "if you raise any cries. I will kill you" and ordered the driver to proceed. At the northern end of the bund he ordered the driver to reverse and stop near the southern end. Then the killer had opened the door, took the car switch and dragged Lilian's lifeless body towards the tank. The driver had heard a splash in the water. He came back and carried the sleeping child in the same direction. After a jury trial his peers brought a verdict of guilty. The accused was sentenced to death.

In the beauty queen murder case the eye witness Inspector's confidante in whose presence the accused destroyed the victim was not considered as an accomplice. His evidence tested and assessed just like any other witness and considered in the totality of evidence established beyond reasonable doubt that Smarakoon murdered the girl who had fondly loved him Nilanthi, Kobeigane Beauty Queen.

In fact the eye witness made his statement to the authorities only on March 2, 1991 about one year five months after the crime. It would have been passed off just like any other unsolved murders and disappearances at the time. Fear of been hunted down by the accused made him to come out with hidden crime.

On the crime date around 7.30 p.m. At the behest of Inspector Samarakoon the witness brought a Toyota Hiace van belonging to a person at the co-operative stores along with two tyres and a can of petrol and parked in front of Inspector's living quarters. There upon the Inspector and Nilanthi bordered the vehicle, the former at the wheel and the latter in the front seat to his left. Samarakoon was carryin his LMB gun.

The witness sat at the back. Samarakoon proceeded towards Kithagama junction.

Damsel

He stopped the van near the junction and said, "let us get down and go on foot to Amaton Estate". Samarakoon alighted from the van carrying his gun, went to the other side and open the door for Nilanthi to get out. The unsuspecting damsel walked along with his lover for six or seven feet when the witness saw. "fire emanating from the gun and noise of gunshots".

Then the killer ordered the witness to bring the can of petrol and two tyres. When he obliged Samarakoon the killer lifted the victim's body and placed it on the tyres with some tubes. He poured petrol and ordered his companion to set fire. The latter refused.

Then the heartless killer her Inspector lover himself set fire to the pyre he himself had erected to make ash of the beauty queen who loved him the most. At the end of the trial the learned High Court Judge found him guilty of murder and sentenced him to death.

In Maduwanti murder case on the crime date around 8.30 a.m. Maduwanthi and her friend Patricia were on their way to the examination hall inside the campus when Premalal the heartbroken lover came from behind and asked Maduwanthi to stop. When she stopped her friend had seen him stabbing the deceased twice and the friend had run away.

A security guard who gave evidence had seen Premalal stabbing her five or six times while holding her by her hair. Immediately after the victim fell the accused had taken poison, but had survived. The learned High Court Judge found him guilty and sentenced him to death.

In the first two cases convictions were affirmed in appeal. But in Maduwanthi the Court of Appeal considering the attendant circumstances of the case set aside the conviction for murder and found him guilty of culpable homicide not amounting to murder and sentenced him to fifteen years rigorous imprisonment.

Concluded

The writer is former Director, Sri Lanka Judges' Institute.