[ ] Jegathisan A/l Suthambaram

[ ] Jegathisan A/l Suthambaram

Although the prosecution established death and medical causation, after full evaluation of prosecution and defence evidence at the close of the trial the court found the defence evidence (alibi, limited presence) together with material inconsistencies in the eyewitness timeline, failure by prosecution to produce recorded police statements and failure to cross-examine on material issues cumulatively raised reasonable doubt. Therefore prosecution failed to prove guilt beyond reasonable doubt and accuseds were acquitted under s182A(3) CPC.

Citation
BA-45B-36-10/2020 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Defendant: Shamu a/l Rajan; Defendant: Jegathisan a/l Sithambaram
Court
High Court
Jurisdiction
Malaysia
Judgment Date
18 December 2023
Case Number
BA-45B-36-10/2020 (Mahkamah Tinggi)
Procedural Posture
Criminal Murder (section 302 Penal Code) / Conclusion of Trial; Judgment on Acquittal Under S182 A(3) Criminal Procedure Code
Outcome
Accused Shamu a/l Rajan and Jegathisan a/l Sithambaram acquitted and discharged of the charge under section 302 Penal Code read with section 34 Penal Code.
Legal Topics
Murder (s302 Penal Code), Culpable Homicide (ss299 300 Penal Code), Common Intention (s34 Penal Code), Acquittal at Conclusion of Trial (s182 a Cpc), Prima Facie Test, Failure to Disclose Police Statements (s113 Cpc), Eyewitness Credibility, Cross Examination
Source Language
Malay/English
Criminal Law Criminal Procedure Evidence Forensic Medicine Murder (s302 Penal Code) Culpable Homicide (ss299 300 Penal Code) Common Intention (s34 Penal Code) Acquittal at Conclusion of Trial (s182 a Cpc) +4 more

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Parties

Pendakwa Raya

Prosecution

Shamu a/l Rajan

Defendant

Jegathisan a/l Sithambaram

Defendant

Procedural Posture

Criminal Murder (section 302 Penal Code) / Conclusion of Trial; Judgment on Acquittal Under S182 A(3) Criminal Procedure Code

Legal Issues

  1. 1 Whether the prosecution proved murder beyond reasonable doubt
  2. 2 Whether mens rea for murder under s300(c) was established
  3. 3 Whether common intention under s34 was proven

Ratio Decidendi

Although the prosecution established death and medical causation, after full evaluation of prosecution and defence evidence at the close of the trial the court found the defence evidence (alibi, limited presence) together with material inconsistencies in the eyewitness timeline, failure by prosecution to produce recorded police statements and failure to cross-examine on material issues cumulatively raised reasonable doubt. Therefore prosecution failed to prove guilt beyond reasonable doubt and accuseds were acquitted under s182A(3) CPC.

Court Disposition

Accused Shamu a/l Rajan and Jegathisan a/l Sithambaram acquitted and discharged of the charge under section 302 Penal Code read with section 34 Penal Code.

Orders

  • Accused Shamu a/l Rajan and Jegathisan a/l Sithambaram are acquitted and discharged pursuant to section 182A(3) Criminal Procedure Code and the charge under section 302 read with section 34 Penal Code is dismissed.