1. ) RENGADORAI A/L PERUMAL 2. ) GOPU A/L LAKHSMANAN 3. ) SURESH A/L VELLASAMY

1. ) RENGADORAI A/L PERUMAL 2. ) GOPU A/L LAKHSMANAN 3. ) SURESH A/L VELLASAMY

The prosecution proved beyond reasonable doubt that the three accused jointly inflicted multiple blunt and sharp injuries on the deceased and acted with a common intention to cause grievous bodily harm; however the injuries and medical evidence did not establish the specific intent or degree required for murder under s.300 Penal Code, and therefore the appropriate conviction is culpable homicide not amounting to murder under s.304(a) Penal Code; accordingly the accused are convicted under s.304(a) and sentenced (individual terms specified).

Citation
JB-45B-05-06/2016 & JB-45B-06-06/2016 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Accused: RENGADORAI A/L PERUMAL; Accused: GOPU A/L LAKHSMANAN; Accused: SURESH A/L VELLASAMY
Court
High Court
Jurisdiction
Malaysia
Judgment Date
3 March 2024
Case Number
JB-45B-05-06/2016 & JB-45B-06-06/2016 (Mahkamah Tinggi)
Procedural Posture
Criminal Trial / Judgment at Close of Defence
Outcome
Accused convicted of culpable homicide not amounting to murder (Penal Code s.304(a)); acquitted of murder (s.302)
Legal Topics
Murder, Culpable Homicide Not Amounting to Murder, Common Intention (s.34), Alibi, Admissibility of Statements of the Deceased, Expert Evidence, Sentencing
Source Language
Malay/English
Criminal Law Evidence Criminal Procedure Forensic Medicine Murder Culpable Homicide Not Amounting to Murder Common Intention (s.34) Alibi +3 more

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Parties

Pendakwa Raya

Prosecution

RENGADORAI A/L PERUMAL

Accused

GOPU A/L LAKHSMANAN

Accused

SURESH A/L VELLASAMY

Accused

Procedural Posture

Criminal Trial / Judgment at Close of Defence

Legal Issues

  1. 1 identity of deceased
  2. 2 causation between injuries and death
  3. 3 whether accused caused death

Ratio Decidendi

The prosecution proved beyond reasonable doubt that the three accused jointly inflicted multiple blunt and sharp injuries on the deceased and acted with a common intention to cause grievous bodily harm; however the injuries and medical evidence did not establish the specific intent or degree required for murder under s.300 Penal Code, and therefore the appropriate conviction is culpable homicide not amounting to murder under s.304(a) Penal Code; accordingly the accused are convicted under s.304(a) and sentenced (individual terms specified).

Court Disposition

Accused convicted of culpable homicide not amounting to murder (Penal Code s.304(a)); acquitted of murder (s.302)

Orders

  • RENGADORAI A/L PERUMAL convicted under s.304(a) Penal Code and sentenced to 13 years imprisonment from date of arrest
  • GOPU A/L LAKHSMANAN convicted under s.304(a) Penal Code and sentenced to 15 years imprisonment from date of arrest