PENDAKWARAYA Puan Izalina binti Abdullah (Timbalan - Jabatan Peguam Negara) Encik Gurmit Singh Hullon (Tetuan Hullon & Co.) Encik Selvarajah K. Sangarapillai (Tetuan Chambers Of Selvarajah) Encik N. Rajesvaran K. Nadarajan & Cik Pavitra Log

PENDAKWARAYA Puan Izalina binti Abdullah (Timbalan - Jabatan Peguam Negara) Encik Gurmit Singh Hullon (Tetuan Hullon & Co.) Encik Selvarajah K. Sangarapillai (Tetuan Chambers Of Selvarajah) Encik N. Rajesvaran K. Nadarajan & Cik Pavitra Log

The court found beyond reasonable doubt that (1) the deceased died from blunt force injuries sufficient in ordinary course to cause death, (2) those injuries were caused by acts of the accuseds, and (3) the accuseds shared a common intention under Section 34 Penal Code to inflict the injuries; direct eyewitness evidence together with corroborating circumstantial and forensic evidence satisfied the elements of murder (third limb of s.300) and therefore the accuseds were properly convicted under Section 302 Penal Code and sentenced to death.

Citation
WA-45B-32-10/218 & WA-45B-34-10/2018 (Mahkamah Tinggi)
Parties
Prosecutor: Public Prosecutor; Accused: Davendran a/l Bala Supramaniam; Accused: Neelamegan a/l Kumar; Accused: Hurisudhan a/l Peramal
Court
High Court
Jurisdiction
Malaysia
Judgment Date
15 October 2021
Case Number
WA-45B-32-10/218 & WA-45B-34-10/2018 (Mahkamah Tinggi)
Procedural Posture
Criminal Trial / Judgment and Conviction at Trial
Outcome
All three accused convicted of murder under Section 302 Penal Code
Legal Topics
Murder, Culpable Homicide, Common Intention (section 34), Prima Facie Test, Circumstantial Evidence, Post Mortem Evidence
Source Language
Malay/English
Criminal Law Evidence Procedural Law Murder Culpable Homicide Common Intention (section 34) Prima Facie Test Circumstantial Evidence +1 more

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Parties

Public Prosecutor

Prosecutor

Davendran a/l Bala Supramaniam

Accused

Neelamegan a/l Kumar

Accused

Hurisudhan a/l Peramal

Accused

Procedural Posture

Criminal Trial / Judgment and Conviction at Trial

Legal Issues

  1. 1 Whether the prosecution proved a prima facie case of murder under Section 302 read with Section 34 Penal Code
  2. 2 Whether the evidence (direct and circumstantial) proved the ingredients of murder under Section 300 Penal Code
  3. 3 Whether common intention under Section 34 Penal Code was established

Ratio Decidendi

The court found beyond reasonable doubt that (1) the deceased died from blunt force injuries sufficient in ordinary course to cause death, (2) those injuries were caused by acts of the accuseds, and (3) the accuseds shared a common intention under Section 34 Penal Code to inflict the injuries; direct eyewitness evidence together with corroborating circumstantial and forensic evidence satisfied the elements of murder (third limb of s.300) and therefore the accuseds were properly convicted under Section 302 Penal Code and sentenced to death.

Court Disposition

All three accused convicted of murder under Section 302 Penal Code

Orders

  • All three accused (Davendran a/l Bala Supramaniam; Neelamegan a/l Kumar; Hurisudhan a/l Peramal) convicted under Section 302 Penal Code and sentenced to be hanged by the neck until they are dead