SURUJ DEV SAH TELI

SURUJ DEV SAH TELI

After conducting a maximum quantitative evaluation of all evidence the court accepted the direct eyewitness account of SP16 and the pathologist's opinion linking fatal blunt head trauma to the recovered hammer; the accused's account and supporting witness failed to raise a reasonable doubt and the negative DNA result did not undermine the prosecution case; therefore all elements of s.302 were proved beyond reasonable doubt and the accused was convicted and sentenced to death (mandatory).

Citation
45B-05-09/2017 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Defendant: Suruj Dev Sah Teli
Court
High Court
Jurisdiction
Malaysia
Judgment Date
30 December 2020
Case Number
45B-05-09/2017 (Mahkamah Tinggi)
Procedural Posture
Criminal Murder (section 302 Kanun Keseksaan) / Conviction and Sentencing (trial Concluded)
Outcome
Guilty: convicted under section 302 Kanun Keseksaan
Legal Topics
Murder, Prima Facie Case, Burden of Proof, Witness Credibility, Forensic Evidence, Sentence Mandatory Death
Source Language
Malay/English
Criminal Law Evidence Forensic Pathology Murder Prima Facie Case Burden of Proof Witness Credibility Forensic Evidence +1 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 5 Authorities cited 10 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Pendakwa Raya

Prosecution

Suruj Dev Sah Teli

Defendant

Procedural Posture

Criminal Murder (section 302 Kanun Keseksaan) / Conviction and Sentencing (trial Concluded)

Legal Issues

  1. 1 Whether the prosecution proved all elements of murder under s.302 Kanun Keseksaan beyond reasonable doubt
  2. 2 Whether a prima facie case existed to call the accused to enter defence
  3. 3 Credibility and reliability of the eye-witness SP16

Ratio Decidendi

After conducting a maximum quantitative evaluation of all evidence the court accepted the direct eyewitness account of SP16 and the pathologist's opinion linking fatal blunt head trauma to the recovered hammer; the accused's account and supporting witness failed to raise a reasonable doubt and the negative DNA result did not undermine the prosecution case; therefore all elements of s.302 were proved beyond reasonable doubt and the accused was convicted and sentenced to death (mandatory).

Court Disposition

Guilty: convicted under section 302 Kanun Keseksaan

Orders

  • Convicted under s.302 Kanun Keseksaan
  • Sentence: death by hanging (mandatory)