10 Mar 2023
[ ] GOVINTARAN A/L SELVARAJAN
- Citation
- CB-45B-3-09/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- CB-45B-3-09/2020 (Mahkamah Tinggi)
The prosecution failed to establish a prima facie case of murder under section 300/302 because identification and causation were not established on the available evidence: eyewitness accounts were inconsistent and could not rule out other assailants in a multi‑person affray, no weapon or victim DNA linked the accused, and investigative shortcomings left reasonable doubt as to who inflicted the fatal injury; however the prosecution established a prima facie case for unlawful assembly under section 147, so the accused was discharged on the murder charge and called to enter his defence on sectio…