The court affirmed that murder is established through circumstantial evidence when all strands point irrefutably to the accused as the perpetrator.

JUDGMENT

Collin Lawrence Sequerah J:

(A) Introduction

[1] The accused abovenamed is charged with the following:

"Bahawa kamu pada 6 November 2015, antara jam 7.30 pagi hingga 7.30 malam, bertempat di sebuah rumah di alamat F-03, Lojing Heights 1, Jalan 1/27C, Seksyen 5, Wangsa Maju, di dalam Wilayah Persekutuan Kuala Lumpur telah membunuh XXXXX XXXXXX XXXXX XXXX XXXXX (No.Mykid: XXXXXX-XX-XXXX) dan dengan itu kamu telah melakukan suatu kesalahan yang boleh dihukum dibawah s 302 Kanun Keseksaan."

(B) Prosecution Case

[2] The material facts adduced by the prosecution disclosed that the deceased was the youngest child of Farah Adiba Binti Md Othman (PW7) and was born on 13th August 2013. PW7 had another child named Fatin Arissa who was born in 2011.

[3] The father of the deceased and Fatin Arissa is Mohd Zafil Bin Ibrahim (PW1). PW1 and PW7 however, divorced in 2013. PW7 thereafter married the accused in June 2015.

[4] According to PW1 and Tengku Aisya Bin Tengku Nong Idris (PW2) who was married to PW1 after his divorce from PW7, they last saw the deceased on 19th October 2015.

[5] This was just after the deceased and Fatin Arissa had spent two days with PW1 and PW2 after which the deceased was sent back to PW7. PW1 and PW2 had noticed that there were bruises on the body of the deceased whilst she was in their care between the 17th and the 19th of October 2015.

[6] In particular, PW1 noticed bruises on the ribs and the thighs of the deceased. PW1 also testified that the deceased had told him, "Akit...akit, Papa Bi buat". This happened whenever PW2 wanted to wash the deceased after she passed motion or wanted to give the deceased a bath.

[7] PW1 said that the person "Papa Bi" mentioned by the deceased referred to the accused. PW2 also testified that she saw bruises to the side of the deceased's forehead and the ribs while the deceased was bathing.

[8] PW2 also said that when she washed the deceased's bottom, the deceased remarked, "akit...akit..Papa Bi wat". PW2 further said that when she inquired of PW7 about the bruises, PW7 said that she was unaware of this because it was her husband at the time, the accused, who took care of the deceased.

[9] PW7 testified that the accused had repeatedly urged her to let him take care of the deceased through his wats app messages. PW7 said that she took the deceased from PW1 and handed her to the care of the accused on 18th October 2015 after he requested for her. The accused also told PW7 that there was no need to send the deceased to the baby sitter.

[10] PW7 said that on the 4th November 2015 when she left the deceased with the accused, the deceased screamed and cried. PW7 said that each time she left the deceased with the accused, the deceased would cry. PW7 also said that she herself had never asked the accused for help in taking care of the deceased.

[11] PW7 said that she gave in to the accused's constant demands to look after the deceased because the accused was her husband at the time and that she trusted him. PW7 also said that it was the accused who took care of the deceased and not the accused's driver, Mohd Rizal (PW8). It was whilst the deceased was in the care of the accused that she died on 6 November 2015.

[12] Evidence was also led by the prosecution that Roslan Bin Idris (PW10) and his son, Mohd Alif Haikal (PW11) together with PW8, the deceased and the accused had travelled to Terengganu on 5 November 2015.

[13] PW10 said that the reason he went to Terengganu was because he wanted to expand his farming business and he wanted to purchase cows at a low price. The accused had advertised that he was in the business of selling cows and identified himself as K.

[14] PW11 said that while on the journey to Terengganu, the deceased sat on the accused's lap the whole time in the front passenger seat.

[15] On 6 November 2015 all five of them went back to Kuala Lumpur from Terengganu to the accused's house at No. F-03, Lojing Heights 1, Jalan 1/27C, Seksyen 5, Wangsa Maju, KL. PW8 drove the vehicle and t