Engineering faculty student’s murder in 1997 following severe ragging: Appeal Court upholds death sentence for convict

28 October 2022 08:31 pm - 37 - {{hitsCtrl.values.hits}}

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The Court of Appeal today upheld the death sentence imposed against the accused who committed the murder of his fellow junior student Selvanayagam Varapragash who was an Engineering Faculty student at Peradeniya University in 1997.

However, the main accused Balendran Prasad Sadeeskaran was never served with summons during the trial as his whereabouts were unknown.

The Court had issued a warrant for his arrest.

The victim Selvanayagam Varapragash was a first-year engineering student at that time, to inhumane ragging which resulted in his death.

After the incident on the 6th of October 1997 and after receiving treatment for some time, he passed away on 26th of October 1997.

According to the evidence made available to the trial Court that the main accused as well as the other students who were involved in the ragging of the deceased were second year students of the Faculty of Engineering. It was revealed that the deceased was a first-year student or in other words, being a fresher to the faculty had been the reason for him being subjected to this kind of ragging of inhumane nature. It is in evidence that the deceased was taken forcibly from the faculty to a house where the accused and other students lived and was subjected to ragging. When the first witness saw the deceased, he was almost naked and doing sit-ups as ordered by the accused.

The prosecution evidence revealed that the deceased had identified the accused’s photograph and two other photographs as the persons involved in ragging him while he was receiving treatment.

The deceased’s father was Dr. Sivaguru Selvavinayagan Prakashan, a doctor by profession. The deceased was his only son and his daughter was elder to the deceased.
During the post mortem, the Judicial Medical Officer revealed that acute renal failure due to muscle injury following physical exertion was the cause of death. He has opined that the internal injuries to the deceased have occurred due to him being subjected to excessive physical exercise.

The Court of Appeal observed that there was ample evidence before Trial Judge to prove beyond reasonable doubt that the accused had the required knowledge of his action in terms of the 4th limb of section 294 of the Penal Code for committing the murder.

“No one can believe such serious injuries can occur if the person who forced the accused to do such extreme exercise in the name of ragging unless he does that knowing very well that his actions are imminently dangerous and likely to cause death”. These are the observations made by Court of Appeal Justices Sampath Abayakoon and P. Kumararatnam while delivering their judgment regarding this appeal.

Balendran Prasad Sadeeskaran was the first accused in the case and failed to appear before the Court from the very inception of the case. There had been eight students accused of committing this crime. After the conclusion of the non-summary inquiry, the Magistrate of Kandy has committed three of the accused to stand trial before the High Court. However, on the instructions of the Attorney General, one of them had been discharged from the proceedings due to lack of evidence, and Balendran Prasad Sadeeskaran and the second accused were indicted before Kandy High Court.

The second accused had pleaded guilty to a lesser offence. After trial in 2014, the main accused was sentenced in his absence for the punishment of death. The main accused had given instructions to his lawyer to file this appeal.(Lakmal Sooriyagoda)

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Comments - 37

Sivakumar Jaffna Hindu Tamil Friday, 28 October 2022 09:21 PM

This first accused must be hunted down using all resources available otherwise the whole judicial process becomes simply a wasteful exercise. The authorities have repeatedly failed to stop this criminal practice of ragging in the universities. It is going on even today. We have to deal with it head on and break it totally. It means bringing in the Army and the Police into University campus . Handpicked undercover Armed Army and Police Officers should be deployed in all universities to gather intelligence and must be given special powers to strike with full force showing no mercy to the thugs who also happen to be students .

Siva - Moratuwa Engineering Graduate Sunday, 30 October 2022 05:05 AM

Your legal system should allow a fair trial. People accept ragging in Peradeniya for the reason for not being isolated from friends and professors. There were no anti-ragging group in Pera in 1997. Everyone supported Ragging including dean and professors. Large number of students gave ragging to large number of students, and one person had issues, and then an ignorance created a disaster. If he had gone to hospital immediately rather waiting for 4 days, everyone's life would have been better. Dean and professors found a scapegoat to blame and everyone else escalated from liabilities. Dean must have been resigned for fired for allowing ragging. They all threaten to fail the primary accuse from graduating and forced him to write a story and have him signed at his home. Northern Tamils are scared for raised Sinhala voices in Sri Lanka. Using this signed paper of a dependent student, dean and faculty created a scapegoat; they made him a fugitive and everyone else pointed finger on him.

GERIATRIC CITIZEN Friday, 28 October 2022 09:47 PM

What happened to the Second Accused?

Cammy Friday, 28 October 2022 09:52 PM

Justice not been served on the victim as the culprit still at large

Ro Bert Friday, 28 October 2022 09:59 PM

What a pain that when read this after 25years also

Sri Lankan Legal Chaos! Sunday, 30 October 2022 04:28 AM

It will be even more painful when you really know the truth. Accused are also innocent students who stepped into Peradeniya with "hopes" for better future! Their life was destroyed and thrown away too. Rajapaksha who raped and murdered is walking free in this country. Those who assassinated many are walking free on streets. But students who came with hopes after even getting top marks in A/L and top results in A/L they were trapped in this dilemma. Dean of the faculty wanted to find a scapegoat for their own escape. They randomly picked first accused, many professors, dean and staff group gathered, ambushed in a late night at first accused his home, threaten him to fail him at the university studies forever, threaten him to write paragraphs of statements that he did Ragging for Varapragash that lead the situation, from a fragile 2 very young, panic student who wrote everything they asked. Dean, professors

Tamil Historian Friday, 28 October 2022 10:18 PM

The name of the first accused , the mastermind of this murder, suggests that he is an Indian Brahmin. Historically the Brahmins were just Hindu priests who lived with their families inside Hindu temples and survived on the handouts given by people who came to pray. When the Muslim Moguls invaded North India and ruled it for 1000 years, these cunning Brahmins joined the Muslims for their own benefit and were allowed by the Muslim Kings to work in their palaces as COOKS and ENTERTAINERS to the Royal families. Indian former Prime Minister Mrs Gandhi’s great great grand father was an entertainer in the palace of the Muslim ruler of Kashmir. It was the British who liberated the North Indian tribes from the Muslims and artificially elevated the Brahmins to a high social caste in India. Historically before the British , the Brahmins were NEVER CONSIDERED AS THE HIGHEST CASTE in India, they never had any social status outside temples.

kumar Saturday, 29 October 2022 06:48 AM

@Tamil Historian: Who gave the name Tamil Historian to you? What qualification you have? You guys are bloody fake profilers, trying your best to do something for the amount paid to you. But will never succeed.

Sivakumar Jaffna Hindu Tamil Friday, 28 October 2022 10:41 PM

Deliberately all my comments are being withheld by some nasty person in the daily mirror. I will find out who this nasty entity is. Every thing started from my comment about “women are not suitable for all professions “ written couple of days ago. Daily Mirror is an Old paper where my uncle worked for 25 years in the 60s and 70d, just because you don’t agree with my comments one person can not decide stop my comments. Further you deliberately allowed a SCUM using the name COO MAWATHA to trash my comments with filth, This is not bloody journalism!!!

Aram Friday, 28 October 2022 11:28 PM

The accused is in Canada a Tamil murderer. If government pushed a try can bring here to hang him on

Hawkeye Saturday, 29 October 2022 02:12 AM

It is sad that in SL universities such ragging is considered a way of knowing their senior better. While in most developed countries it is genuine welcome that is extended to better know the seniors and colleagues. Hopefully this form of degrading ragging can lawfully stopped now!!

Saman Amarakone Saturday, 29 October 2022 02:54 AM

What a poor judicial system we have in Sri Lanka! It has taken 25 years, but still no punishment for such a grave crime. What a shame! Judiciary services must be revised to ensure cases are heard and decisions are given in a stipulated time. The judges failing to deliver must be punished by demoting them or sacking them from service for a repeated failure.

Joseph de Silva Saturday, 29 October 2022 03:30 AM

Simple question to every human being is why you allow ragging in the higher educational institutions? Strange that ' Field Marshall Fonseka' all out to protect Antare leaders who give leadership to rangers (hope my comments will be published).

Varapragash friend Saturday, 29 October 2022 05:27 AM

Varapragash, great remember you with this news. At the same time, It sad to see that still SL law enforcement and justice system not punished yet those culprits even many decades past. I have not studied with you neither in school nor university. But I studied together in private tution class in Jaffna. We sit next to each other and discussed those days. You such as kind and nice person and good friend. Every time when remember your story, I really worry and feel sad. Luckily I didn't choose perdeniya uni. Otherwise It may happen to me as well. I guess that you didn't get that chance due merit qouta. Rest in peace Varapragash. Even though justice system not yet punished those guys. They should suffer for their whole life for sure.

DOT Saturday, 29 October 2022 05:36 AM

Appreciate ! Better late than never !This gives a message to whole coutry!

Dee Saturday, 29 October 2022 05:53 AM

To Sivakumar. Stopping ragging is simple. But of the proper action is taken, like what has been done now for the fake aragaley unionists- there would be a) large scale opposition against using force against 'innocent students' b) International HR movements acting against the 'undemocratic suppression ' c) a set of lawyers appearing foc for those who will be put behind bars. d) even indigenous people and priests will launch islandwide protests. So let's just move on!

Muhunthan(Walker) Sothilingam Thilagawathy Saturday, 29 October 2022 05:54 AM

The tears in my both eyes when I read this news when I was reading this news on ELANATHAM news paper I was a fighter with the LIBERATION TIGERS in Vanni. I know both of them the VICTIM and the main culprit. I went to the tuition class with the dead VICTIM and I have spoken to the culprit countable times. The Victim is known for a smart student and the culprit is known for stealing. The dead Victim is from St.Johns College the culprit is from Jaffna hindu College. The ultimate fact is in this case is Religion because the culprit try to make the Victim to pray him. Unfortunately because of your country’s drawback and violent behavior of the curricula systems and drawback of your Law and order or lack of information about the Intelligence knowledge of the two main Ethnic majority and the War made a grate Student’s death and a great escape to the culprit from the Land. The culprit currently living in Canada currently now he is in india for his holiday visit.

Waco Saturday, 29 October 2022 06:07 AM

Bragging should not be tolerated in any university. Necessary laws should be introduced to stop ragging of any nature.

Mohan Saturday, 29 October 2022 07:38 AM

I don't believe that the students ragged with the intention of causing serious harm. The sentence seems excessive. However, it eould be good deterrent to prevent such incidents in the future.

Tissa Fernando Saturday, 29 October 2022 08:23 AM

The first accused may have fled the country and may be living abroad. The remaining culprits should be brought to justice too. The Parliament should pass a Bill that prohibits ragging of any sort and the bill should include severe punishment for those who are engaged in such activities. This ragging has caused many student deaths and permanent damage to their personality. This should be stopped at any cost. It is high time that we rise against this sadistic behaviours. This kind of behaviours are openly supported by JVP.

Weda Mahathaya Saturday, 29 October 2022 10:24 PM

You sound like 10 year old. So much wishful thinking, and then point finger at political party which support most for transparency. You father big businessman, lose money from protests?

Marie Saturday, 29 October 2022 10:05 AM

AKD, Only the JVP can eliminate ragging in Universities. If you can at least achieve this generations of Sri Lankan families will try to forgive and forget the atrocities committed by the JVP and accept you as a true leader.

Sinna Saturday, 29 October 2022 02:33 PM

This was happened in 1997,is this not enough to prohibit ragging in universities for ever,JVP cunningly distancing when such incidents happen but people know this ruthless inhumane ragging going on with their blessings

Mahila Saturday, 29 October 2022 04:23 PM

Difference is the change of Times 1940's to the present!!?? We can see the distinct changes, which is the cause for these obnoxious behaviour! None else! Seniority must COMMAND and NOT DEMAND respect!!?? That change (Commanding and demanding) with times could be seen, in every aspect of life in this country!! President, PM, Parliamentarians, Police, Security services et all!?? Unless this attitude changes occur, NO Laws would help rectify issue and related problems!! School Education revamped create space for compassion, empathy, may help overcome over a period of time ‘Ragging’??? MINDSET CHANGE IS ONLY SOLUTION – SENIORS AND FRESHER’S ALIKE!!??

Mahila Saturday, 29 October 2022 04:23 PM

Difference is the change of Times 1940's to the present!!?? We can see the distinct changes, which is the cause for these obnoxious behaviour! None else! Seniority must COMMAND and NOT DEMAND respect!!?? That change (Commanding and demanding) with times could be seen, in every aspect of life in this country!! President, PM, Parliamentarians, Police, Security services et all!?? Unless this attitude changes occur, NO Laws would help rectify issue and related problems!! School Education revamped create space for compassion, empathy, may help overcome over a period of time ‘Ragging’??? MINDSET CHANGE IS ONLY SOLUTION – SENIORS AND FRESHER’S ALIKE!!??

roobarbie Saturday, 29 October 2022 04:24 PM

Ragging is a rotten British habit and should be banned from Universities and schools in Sri Lanka. Anyone involved should be barred from educational institutes.

Mahila Saturday, 29 October 2022 04:35 PM

Justice delayed is Justice denied!! Timely deliverance is the essence and effervescence and ‘Prima Donna’ of any effective system of modern Justice!!?? None else!!??

Coo Mawatha Saturday, 29 October 2022 08:38 PM

@Sivakumar Jaffna Hindu Tamil: oh oh! Did I upset you when you tried to demean women? Please don’t go tell tell me to your mama, okay? I am scared. Your mamas “inability to act cool in pressure filled situations” and her “lack of confidence would make them jump for confrontation”. And I don’t want her chasing me with a broomstick. Scum, did you say? Stood in front of a mirror lately? You write crap. And when someone challenges that, that’s “bloody journalism”? Stand in front of a mirror and you will see scum and a retard.

Western Cess Pit Saturday, 29 October 2022 09:38 PM

How come ‘ragging’ was never an issue in the resolutions of the UNHRC in Geneva if it is an inhuman act and still practiced in Universities in SL

Mahila Sunday, 30 October 2022 03:34 AM

Perhaps, there are grievous and more dangerous matters in relation to acts against humanity that merits their attention at the moment!! Single murders – due to ragging or other reasons, they have left it for government in power in respective country to ensure justice and penalty/punishment are meted out to obviate future recurrence!! If the governments in power are not rectifying/dispensing justice, that’s a reflection on the capacity and inability of particular state and none else!?? Focus of UNHRC now seems are Russia/Ukraine, China/Urgers, and Afghanistan/Taliban etc. Single murder wouldn't ruffle feathers at UNHRC!!?? 10s' of hundreds killings involved elsewhere!!??

Rajapaksha who raped Sunday, 30 October 2022 02:11 AM

Dean and many professors tried to keep the ragging tradition going in universities. Even after 25 years there are support for ragging tradition. That is the only reason it survived for many years. Even today many professors support ragging tradition. No one denied gagging unanimously in 1997. The students gave ragging went through much severe ragging in 1996. Who gave ragging just gave what they got from their seniors. Those become close friends at the end of ragging period. It is very unfortunate that a friend had other complications which may have led to care who was treated by his dad initially for many days before he is admitted to hospital. If the parents or victim had known this, they would have gone to hospital many days early. It is very unfortunate. Many students who went through much more severe ragging, they still accept ragging. This ragging happened to large number of students by large number of juniors he was not targeted. This cannot be a premeditated murder.

Mahila Sunday, 30 October 2022 03:38 AM

Single murder resulting from University ragging cannot be rectified by the specific country itself shows the ineffectiveness of the polity and governance in Sri Lanka by thieves, robbers, snatchers and murderers!!!??? 25 years to deal with this small matter. How could anyone expect that country (government and Justice/Law enforcement) deal with Mass Killings and deliver Justice to one and all equitably? Crazy Governance since independence!! Quo Vadis Sri Lanka!!!

Dilshan Perera Sunday, 30 October 2022 09:56 AM

Shame on the cesspit judiciary and kangaroo courts, with miserable bastardly magistrates and judges including CJ and lawyers. It's time to have foreigners as judges and lawyers.. this will immediately transform the judiciary.

Roshanaly Monday, 31 October 2022 09:13 AM

The lawyer who represented the accused for appealing should know the where about. Is the law allow the lawyer to be questioned.?

Ima Monday, 31 October 2022 01:14 PM

When read comments it seems they are known each other even before attending Uni.,both belong to same area and ethnicity but seems different social levels, offender seems used terrible inhumane ragging on victim manipulated by class revenge

Uali Monday, 31 October 2022 01:23 PM

If interested,AGs dept. can make a request to Canadian embassy but that need some voice from society,but MP Shanakiyan has strong voice in parliament,would he be able to voice, to serve victim who passed away in young age

Shan Gobinath Wednesday, 02 November 2022 08:31 AM

Rest in peace my dear friend, so long. Your thoughts are always with us.

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Engineering faculty student’s murder in 1997 following severe ragging: Appeal Court upholds death sentence for convict

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