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 identity established, post‑mortem proved death from blunt force head injuries consistent with baton blows, eyewitness PW16 credibly identified all five accused as participants in repeated and continuous assaults, injuries were sufficient in ordinary course to cause death under s300(c), and actions of all accused demonstrated common intention under s34; alibi evidence for four accused was inadmissible for failure to comply with s402A CPC; prosecution proved guilt beyond reasonable doubt, mandating death sentence under s302.