Akhtar Tahir JC:

[1] The charge against the accused was as follows:

Pertuduhan:

Bahawa kamu pada 2hb September 2006 jam lebih kurang 4.30 petang, di kawasan Jalan Pintas antara Simpang Jengka 5 ke Kuala Sentul, Sungai Jerik, di dalam Daerah Maran, di dalam Negeri Pahang, telah melakukan kesalahan bunuh menyebabkan kematian keatas Noraini Binti Umar (K/P No: 900829-06-5716), dengan cara menikam lalu menyebabkan kematian. Oleh yang demikian, kamu telah melakukan suatu kesalahan yang boleh dihukum di bawah Seksyen 302 Kanun Keseksaan.

[2] On 2 September 2006, four friends Mohd Rashdan bin Nit @ Abdullah (SP4), Norafizah bt Muhammad (SP5), Muzalifah binti Khamis (SP6) and Noraini (the deceased) decided to go for a swim at the river at Kuala Sentul.

[3] They went on two separate motorcycles one ridden by SP4 and SP5 the other ridden by the deceased an SP6. They arrived at the river at 3.20pm and stayed there until 4pm. Earlier SP6 had telephoned other friends, and amongst others the accused to follow them but the accused and others had refused.

[4] At 4pm all four decided to leave the place, again on separate motorcycles as before. On the way home SP4 and SP5 decided to have a drink whereas the deceased and SP6 proceeded ahead.

[5] According to SP6 while they were on the road they saw the accused and his friend by the name of Along (SP8) on another motorcycle. The accused who was riding the motorcycle chased them and SP6 then felt someone kicking her motorcycle causing both her and the deceased to fall off.

[6] They were then confronted by the accused while SP8 went off from the place. There was an argument the subject being the relationship between the accused, the deceased and SP6. SP6 wanted the accused to choose between her and the deceased whereby the accused said he wanted both of them and at the same time accusing them of being unfaithful to him.

[7] The accused then took out a knife saying that he wanted to kill both of them. SP6 and the deceased both ran with the accused chasing after them. SP6 was running in front whereas the deceased was at the back. When SP6 turned back she saw the accused pouncing on the deceased and hugging the deceased from the back.

[8] That was the last she saw of the incident as she fled and hid herself and when she came out from hiding she saw the deceased lying sprawled on the road with bleeding and almost lifeless.

[9] The deceased was taken to the hospital where apparently she died. There is no evidence to show where the deceased died and the police officer who brought the deceased to the doctor and identified by the doctor conducting the post mortem to be DSP Sharifuddin was not called as a witness.

[10] The doctor who conducted the post mortem on the deceased Dr Zahari bin Noor (SP7) detected 18 injuries on the deceased but confirmed that the cause of death were the two stab wound on the neck.

[11] The investigating office (IO) of this case SP9 testified that a knife was recovered in this case and the knife and items of clothing of the accused were sent to the chemist for analysis. However in this case none of the items sent were tendered as evidence although the DPP attempted to produce the chemist report through the IO.

[12] I disallowed the DPP's application as the provision of s. 399 of the Criminal Procedure Code (CPC) was not complied with. The DPP failed to prove that the chemist report was served on the accused as is required under s. 399 of CPC which provides as follows:

399. Reports of certain person.

(1) Any document purporting to be a report under the hand of any of the persons mentioned in subsection (2) upon any person, matter or thing examined or anlysed by him or any document purporting to be a report under the hand of the Registrar of Criminals upon any matter or thing relating to finger impressions submitted to him for report may be given in evidence in any inquiry, trial or other proceeding under this Code unless that person or Registrar shall be required to atten