The prosecution must prove the accused's guilt beyond reasonable doubt; any reasonable doubt warrants acquittal.

The Charge

[1] The 1st and 2nd accused were charged with the murder of Muhammad Alsuhaimi Bin Alsarif, an infant who was 1 year and 8 months old at the time of his death ("the deceased"). The deceased was also referred to as Cimi at the trial.

[2] The charge was framed as follows:

"That you both, on the 20th day of September 2019, at about 9.00 am, located in the room of house Lot 4, Lorong 1, Taman Hatib Semporna, in the District of Semporna, in the State of Sabah, did commit murder by causing death of one Muhammad Alsuhaimi Bin Alsarif (Male/1 Year 8 Months, Baiau) and that you have thereby committed an offence punishable under s 302 of the Penal Code (Act 574) of the Laws of Malaysia."

The Prosecution's Case

[3] At the outset, reference may be made to s 299 of the Penal Code which states: "Whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide."

[4] Section 300 of the Penal Code states that "culpable homicide is murder:

(a) if the act by which the death is caused is done with the intention of causing death;

(b) if it is done with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused;

(c) if it is done with the intention of causing bodily injury to any person, and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death; or

(d) if the person committing the act knows that it is so imminently dangerous that it must in all probability cause death, or such bodily injury as is likely to cause death, and commits such act without any excuse for incurring the risk of causing death, or such injury as aforesaid."

[5] The prosecution called 7 witnesses to prove its case, viz, (i) the identity of the deceased; (ii) the deceased died as a result of injuries caused by the accused; and (iii) the accused had the requisite intention within the meaning of s 300.

[6] These witnesses include:

(i) Dr Sivasankar A/L Pubalan (PW2) who first attended to the deceased at the emergency unit of Hospital Semporna;

(ii) the deceased's mother, Mia Qalisyah Binti Taib (PW3);

(iii) an eyewitness, Nursilawati Binti Nordin (PW4);

(iv) lnsp Jamal Bin Tampak, the Investigation Officer (PW6); and

(v) Dr Murali A/L Narayanasamy, a forensic medicine specialist (PW7).

[7] The other prosecution witnesses were Lance Corporal Mohammad Azzrul Hafiz Bin Jamal (PW1) and Corporal Effendy Bin Muktar (PW5) who were respectively the photographer and Arresting Officer.

(i) The Identity of the Deceased

[8] PW1 took photographs of the deceased which were marked as P3(1-6). The death of the deceased was testified upon and confirmed by PW2 and PW7, apart from the deceased's mother PW3.

[9] PW3 identified the deceased at the post-mortem conducted by PW8. When shown the first photograph in P6(1-60), she confirmed her presence at the post-mortem. She identified the deceased and herself in the photograph. See NOP, Q&A 115-119.

(ii) The Deceased Died as a Result of Injuries Caused by the Accused Persons

[10] PW7, in his post-mortem report (P7), attributed the cause of death to "seizures due to hypoxic encephalopathy in a child with multiple blunt force injuries."

[11] PW7 testified that "the seizures would have been of sufficient severity and duration to result in hypoxic changes to the brain (hypoxic encephalopathy). And the likely cause of the h