SATVENDER SINGH A/L PIRTHPAL SINGH [ ] PEGUAM PEMERHATI Ashokumar Pathmanathen

SATVENDER SINGH A/L PIRTHPAL SINGH [ ] PEGUAM PEMERHATI Ashokumar Pathmanathen

Court found the pathologist's evidence left reasonable doubt as to the cause of death of the child and held the trial judge erred also by failing to indicate which limb of s.300 was relied upon thus prejudicing the accused; therefore the Court set aside the convictions under s.302, quashed the unsafe conviction for the child, convicted the appellant of a lesser offence of culpable homicide not amounting to murder under s.304(a) Penal Code and imposed 20 years imprisonment.

Citation
B-05(M)-283-08/2021 (Mahkamah Rayuan)
Parties
Appellant: Satvender Singh A/L Pirthpar Singh; Respondent: Public Prosecutor
Court
M
Jurisdiction
Malaysia
Judgment Date
30 November 2023
Case Number
B-05(M)-283-08/2021 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal / Appeal Decided by Court of Appeal (judgment)
Outcome
Convictions under section 302 Penal Code set aside; conviction substituted to culpable homicide not amounting to murder under section 304(a) Penal Code; sentence imposed 20 years imprisonment
Legal Topics
Murder, Culpable Homicide Not Amounting to Murder, Alibi, Forced Entry, Section 300 Penal Code Limbs, Section 402 Criminal Procedure Code, Staged Crime Scene
Source Language
Malay/English
Criminal Law Evidence Forensic Pathology Criminal Procedure Murder Culpable Homicide Not Amounting to Murder Alibi Forced Entry +3 more

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Parties

Satvender Singh A/L Pirthpar Singh

Appellant

Public Prosecutor

Respondent

Procedural Posture

Criminal Appeal / Appeal Decided by Court of Appeal (judgment)

Legal Issues

  1. 1 Whether conviction for murder of infant was safe given inconclusive cause of death
  2. 2 Whether there was evidence of forced entry or staging of crime scene
  3. 3 Whether alibi was credible and properly notified under s.402 CrPC

Ratio Decidendi

Court found the pathologist's evidence left reasonable doubt as to the cause of death of the child and held the trial judge erred also by failing to indicate which limb of s.300 was relied upon thus prejudicing the accused; therefore the Court set aside the convictions under s.302, quashed the unsafe conviction for the child, convicted the appellant of a lesser offence of culpable homicide not amounting to murder under s.304(a) Penal Code and imposed 20 years imprisonment.

Court Disposition

Convictions under section 302 Penal Code set aside; conviction substituted to culpable homicide not amounting to murder under section 304(a) Penal Code; sentence imposed 20 years imprisonment

Orders

  • Set aside conviction and sentence under section 302 Penal Code
  • Set aside conviction for murder of the child (Ishlyn) as unsafe