3 Mar 2022
[ ] 1. ) KHANTAN A/L NAMASIVAYAM 2. ) LOGAN A/L NAMASIVAYAM 3. ) XXXX 4. ) NAGARAJAN A/L ALAGASAN 5. ) DINESWARAN A/L SIVALINGAM
- Citation
- WA-45B-26-02/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-45B-26-02/2018 (Mahkamah Tinggi)
Court found prosecution proved identity, causation (post-mortem: severe head injuries from blunt force), and that injuries were inflicted by the accused as narrated by credible eyewitness PW16; the bodily injuries were sufficient in the ordinary course to cause death satisfying s300(c); evidence of joint and concerted acts and failure to prevent lethal conduct established common intention under s34; alibi defences of several accused were inadmissible for failure to comply with s402A CPC; on that basis prosecution proved guilt beyond reasonable doubt and conviction under s302 read with s34 was…