[ ] 1. ) KHANTAN A/L NAMASIVAYAM 2. ) LOGAN A/L NAMASIVAYAM 3. ) XXXX 4. ) NAGARAJAN A/L ALAGASAN 5. ) DINESWARAN A/L SIVALINGAM

[ ] 1. ) KHANTAN A/L NAMASIVAYAM 2. ) LOGAN A/L NAMASIVAYAM 3. ) XXXX 4. ) NAGARAJAN A/L ALAGASAN 5. ) DINESWARAN A/L SIVALINGAM

Court found identity established, post‑mortem proved death from blunt force head injuries consistent with baton blows, eyewitness PW16 credibly identified all five accused as participants in repeated and continuous assaults, injuries were sufficient in ordinary course to cause death under s300(c), and actions of all accused demonstrated common intention under s34; alibi evidence for four accused was inadmissible for failure to comply with s402A CPC; prosecution proved guilt beyond reasonable doubt, mandating death sentence under s302.

Citation
WA-45B-26-02/2018 (Mahkamah Tinggi)
Parties
Prosecutor: Public Prosecutor; Accused (1st): Khantan a/l Namasivayam; Accused (2nd): Logan a/l Namasivayam; Accused (3rd): Vikneswaran a/l Kalimuthu; Accused (4th): Nagarajan a/l Alagasan; Accused (5th): Dineswaran a/l Sivalingam; Victim: Ragesh Rao a/l Meriayah
Court
High Court
Jurisdiction
Malaysia
Judgment Date
3 March 2022
Case Number
WA-45B-26-02/2018 (Mahkamah Tinggi)
Procedural Posture
Criminal Murder / Trial Judgment and Sentencing
Outcome
All five accused convicted of murder and sentenced to death
Legal Topics
Murder (s300 Penal Code), Murder Charge (s302 Penal Code), Common Intention (s34 Penal Code), Alibi and Notice Requirements (s402 a Cpc), Admissibility of Video/audio Evidence, Credibility of Eyewitness, Post Mortem Causation
Source Language
Malay/English
Criminal Law Forensic Evidence Electronics/audio Visual Evidence Procedure Criminal Procedure Code Evidence Law Murder (s300 Penal Code) Murder Charge (s302 Penal Code) Common Intention (s34 Penal Code) +4 more

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Parties

Public Prosecutor

Prosecutor

Khantan a/l Namasivayam

Accused (1st)

Logan a/l Namasivayam

Accused (2nd)

Vikneswaran a/l Kalimuthu

Accused (3rd)

Nagarajan a/l Alagasan

Accused (4th)

Dineswaran a/l Sivalingam

Accused (5th)

Ragesh Rao a/l Meriayah

Victim

Procedural Posture

Criminal Murder / Trial Judgment and Sentencing

Legal Issues

  1. 1 Identity of deceased
  2. 2 Causation between inflicted injuries and death
  3. 3 Whether accused inflicted injuries

Ratio Decidendi

Court found identity established, post‑mortem proved death from blunt force head injuries consistent with baton blows, eyewitness PW16 credibly identified all five accused as participants in repeated and continuous assaults, injuries were sufficient in ordinary course to cause death under s300(c), and actions of all accused demonstrated common intention under s34; alibi evidence for four accused was inadmissible for failure to comply with s402A CPC; prosecution proved guilt beyond reasonable doubt, mandating death sentence under s302.

Court Disposition

All five accused convicted of murder and sentenced to death

Orders

  • Convicted under section 302 read with section 34 of the Penal Code
  • Each accused sentenced to death by hanging (to be hanged by the neck till dead)