NAGARAJAN A/L ALAGASAN [ ]

NAGARAJAN A/L ALAGASAN [ ]

The Court set aside the death sentences and substituted convictions for culpable homicide under section 299 punishable under section 304(a) read with section 34 of the Penal Code; having weighed the facts, mitigation and sentencing trends the Court imposed a global sentence of 12 years imprisonment on each appellant, effective from date of arrest (17 August 2017).

Citation
W-05(M)-96-03/2022 (Mahkamah Rayuan)
Parties
Appellant: Nagarajan a/l Alagasan; Appellant: Vikneswaran a/l Kalimuthu; Appellant: Dineswaran a/l Sivalingam; Appellant: Logan a/l Namasivayam; Appellant: Khantan a/l Namasivayam; Respondent: Public Prosecutor
Court
M
Jurisdiction
Malaysia
Judgment Date
9 September 2025
Case Number
W-05(M)-96-03/2022 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal / Court of Appeal Judgment on Sentence (appeal Against Conviction and Sentence; Charge Reduced and Plea Entered)
Outcome
Death sentences set aside; convictions substituted to culpable homicide not amounting to murder; appellants sentenced to fixed terms.
Legal Topics
Murder, Culpable Homicide Not Amounting to Murder, Section302, Section304(a), Section34, Mitigation, Plea Bargaining, Sentence Substitution
Source Language
Malay/English
Criminal Law Penal Code Homicide Sentencing Murder Culpable Homicide Not Amounting to Murder Section302 Section304(a) +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Nagarajan a/l Alagasan

Appellant

Vikneswaran a/l Kalimuthu

Appellant

Dineswaran a/l Sivalingam

Appellant

Logan a/l Namasivayam

Appellant

Khantan a/l Namasivayam

Appellant

Public Prosecutor

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal Judgment on Sentence (appeal Against Conviction and Sentence; Charge Reduced and Plea Entered)

Legal Issues

  1. 1 Whether the death sentence was appropriate given the facts
  2. 2 Whether the charge could be properly reduced to culpable homicide not amounting to murder and conviction substituted
  3. 3 What is the appropriate term of imprisonment having regard to mitigation and sentencing trends

Ratio Decidendi

The Court set aside the death sentences and substituted convictions for culpable homicide under section 299 punishable under section 304(a) read with section 34 of the Penal Code; having weighed the facts, mitigation and sentencing trends the Court imposed a global sentence of 12 years imprisonment on each appellant, effective from date of arrest (17 August 2017).

Court Disposition

Death sentences set aside; convictions substituted to culpable homicide not amounting to murder; appellants sentenced to fixed terms.

Orders

  • Set aside convictions and death sentences under section 302 Kanun Keseksaan
  • Convictions substituted to culpable homicide under section 299 punishable under section 304(a) read with section 34 Kanun Keseksaan