PUTRAJAYA: Two men originally convicted of culpable homicide and sentenced to 15 years imprisonment each must now serve double the prison time after the Court of Appeal found them guilty of murder today.
L. Gopu, 44, and V. Suresh, 45, were originally convicted by the High Court for causing the death of their acquaintance Aris Nakam, 41, at an oil palm plantation in Kampung SC, Layang-Layang, Kluang, Johor, on September 13, 2015, at approximately 6.30 pm.
A three-member appellate panel comprising Justices Datuk Azman Abdullah, Datuk Noorin Badaruddin and Datuk Hayatul Akmal Abdul Aziz allowed the prosecution’s appeal to reinstate the original murder charge today.
The appellate court set aside the March 3, 2024, decision by the Muar High Court which had reduced the charge to culpable homicide not amounting to murder and sentenced each man to 15 years in prison.
The court also ordered both men to receive 12 strokes of the cane with their sentences commencing from their respective arrest dates of September 24 and 25, 2015.
Justice Noorin stated that the appellate court found the High Court had erred by amending the charge to culpable homicide despite sufficient evidence to support a murder conviction.
She declared that the injuries inflicted by the two men were intended to cause bodily harm sufficient to result in death, amounting to the act of murder.
Justice Noorin added that the High Court erred in its finding when it decided the deceased died due to severe injuries based on strong evidence from a forensic medical expert and eyewitness but ruled the respondents had no intent to kill.
The forensic medical expert’s evidence confirmed that injuries concentrated on the deceased’s face and head were consistent with the weapon used and were fatal in nature.
According to case facts, the forensic medical expert who conducted the post-mortem found 42 injuries on the deceased and confirmed they were caused by blunt trauma to the head such as being punched, kicked or struck with objects.
Deputy Public Prosecutor Mohd Asnawi Abu Hanipah told the court that Gopu, a factory worker, and Suresh, a heavy machinery operator, were nearing the end of their 15-year prison term and would soon be released if the original charge was not reinstated.
He noted that the third accused P. Rengadorai had completed a 13-year sentence and had already been released with the prosecution’s earlier appeal in his case struck out due to his unavailability.
Gopu was represented by lawyers T. Vijaya Sandran and V. Pushparajan while Suresh was defended by S. Vijaya Retnam @ Veizay, Subash Ramasamy and Khairuzzaman Ridha. – Bernama
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