30 Nov 2023
SATVENDER SINGH A/L PIRTHPAL SINGH [ ] PEGUAM PEMERHATI ASHOKUMAR
- Citation
- B-05(M)-282-08/2021 (Mahkamah Rayuan)
- Court
- M
- Case number
- B-05(M)-282-08/2021 (Mahkamah Rayuan)
The conviction for the infant's murder was unsafe because the pathologist could not rule out accidental choking, creating reasonable doubt; additionally the trial judge's failure to indicate which limb of s.300 Penal Code was relied upon deprived the accused of fair notice, warranting appellate intervention. Consequently the Court set aside the s.302 murder convictions and sentences and substituted a conviction for culpable homicide not amounting to murder under s.304(a) with a 20‑year sentence.