[Jabatan Peguam Negara] RAGUNATHAN A/L SELVAMANI

[Jabatan Peguam Negara] RAGUNATHAN A/L SELVAMANI

The prosecution proved all essential ingredients of murder under s.302 read with s.34 because expert post‑mortem evidence established injuries sufficient in the ordinary course to cause death (s.300(c)) and eyewitness evidence and other corroboration established that the accused were present and participated in inflicting those injuries forming a common intention; defence alibis and explanations failed to raise reasonable doubt; accordingly the accused were guilty and duly sentenced to lengthy imprisonment and strokes.

Citation
BA-45B-22-04/2021 (Mahkamah Tinggi)
Parties
Prosecutor: Pendakwa Raya; Accused: Ragunathan a/l Selvamani; Accused: Navukarasan a/l Rethinasingam; Accused: Sugumaran a/l Veejakumaran
Court
High Court
Jurisdiction
Malaysia
Judgment Date
12 June 2025
Case Number
BA-45B-22-04/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal Trial Murder / Conviction and Sentencing at Trial; Appeals Filed
Outcome
Accused convicted under section 302 Penal Code read with section 34
Legal Topics
Murder (s.302 Penal Code), Culpable Homicide Definitions (s.299, S.300), Common Intention (s.34 Penal Code), Prima Facie Evaluation at Close of Prosecution, Alibi Defence, Mens Rea, Sentencing Principles
Source Language
Malay/English
Criminal Law Criminal Procedure Forensic Pathology Evidence Law Murder (s.302 Penal Code) Culpable Homicide Definitions (s.299, S.300) Common Intention (s.34 Penal Code) Prima Facie Evaluation at Close of Prosecution +3 more

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Parties

Pendakwa Raya

Prosecutor

Ragunathan a/l Selvamani

Accused

Navukarasan a/l Rethinasingam

Accused

Sugumaran a/l Veejakumaran

Accused

Procedural Posture

Criminal Trial Murder / Conviction and Sentencing at Trial; Appeals Filed

Legal Issues

  1. 1 Whether prosecution proved a prima facie case for murder under s.302 Penal Code
  2. 2 Whether elements of s.300(c) (intention to cause bodily injury sufficient in ordinary course to cause death) were made out
  3. 3 Whether common intention under s.34 was established

Ratio Decidendi

The prosecution proved all essential ingredients of murder under s.302 read with s.34 because expert post‑mortem evidence established injuries sufficient in the ordinary course to cause death (s.300(c)) and eyewitness evidence and other corroboration established that the accused were present and participated in inflicting those injuries forming a common intention; defence alibis and explanations failed to raise reasonable doubt; accordingly the accused were guilty and duly sentenced to lengthy imprisonment and strokes.

Court Disposition

Accused convicted under section 302 Penal Code read with section 34

Orders

  • Each accused sentenced to 35 years imprisonment from date of arrest
  • Each accused sentenced to 12 strokes