1. ) SUTHA A/P MURUGAN 2. ) DAVANDAKUMAR A/L SUBRAMANIAM

1. ) SUTHA A/P MURUGAN 2. ) DAVANDAKUMAR A/L SUBRAMANIAM

Having evaluated prosecution evidence at maximum, the court found beyond reasonable doubt that the victim died from massive soft tissue injuries caused by blunt trauma inflicted by the accused, that the injuries were intentionally inflicted and sufficient in ordinary course to cause death, corroborated by eyewitness demonstration, forensic pathology and DNA linkage, and that the accused was last seen with the child; therefore accused was guilty of murder under Section 302 Penal Code and must be sentenced accordingly.

Citation
BL-45B-1-02/2023 (Mahkamah Tinggi)
Parties
Prosecutor: Pendakwa Raya (Puan Farah Aqilah Binti Ahmad Fuad); Accused 1 (released; Became Prosecution Witness): Sutha a/p Murugan; Accused 2 (convicted): Davandakumar a/l Subramaniam
Court
High Court
Jurisdiction
Malaysia
Judgment Date
27 February 2026
Case Number
BL-45B-1-02/2023 (Mahkamah Tinggi)
Procedural Posture
Criminal Murder (section 302 Penal Code) / Trial Judgment and Sentencing
Outcome
Accused convicted of murder under Section 302 Penal Code and sentenced to death by hanging.
Legal Topics
Murder, Section 302 Penal Code, Section 300(c) Penal Code, Last Seen Together Doctrine, Forensic Pathology, Prima Facie Test
Source Language
Malay/English
Criminal Law Murder Section 302 Penal Code Section 300(c) Penal Code Last Seen Together Doctrine Forensic Pathology Prima Facie Test

Case Brief

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Parties

Pendakwa Raya (Puan Farah Aqilah Binti Ahmad Fuad)

Prosecutor

Sutha a/p Murugan

Accused 1 (released; Became Prosecution Witness)

Davandakumar a/l Subramaniam

Accused 2 (convicted)

Procedural Posture

Criminal Murder (section 302 Penal Code) / Trial Judgment and Sentencing

Legal Issues

  1. 1 Whether prosecution proved a prima facie case to require accused to enter defence
  2. 2 Whether elements of murder under Section 302/Section 300(c) Penal Code were established
  3. 3 Whether intention to inflict bodily injury sufficient in ordinary course of nature to cause death was proven

Ratio Decidendi

Having evaluated prosecution evidence at maximum, the court found beyond reasonable doubt that the victim died from massive soft tissue injuries caused by blunt trauma inflicted by the accused, that the injuries were intentionally inflicted and sufficient in ordinary course to cause death, corroborated by eyewitness demonstration, forensic pathology and DNA linkage, and that the accused was last seen with the child; therefore accused was guilty of murder under Section 302 Penal Code and must be sentenced accordingly.

Court Disposition

Accused convicted of murder under Section 302 Penal Code and sentenced to death by hanging.

Orders

  • Convicted of murder under Section 302 Penal Code
  • Sentence: death by hanging