Balia Yusof Wahi JC:

The accused in this case was charged as follows:

Bahawa kamu pada 12.8.2000, di antara jam 8.30 malam hingga 10.00 malam di dalam kebun kelapa sawit, di tepi Taman Pelangi, Langkap, di dalam Daerah Hilir Perak, di dalam Negeri Perak, telah melakukan pembunuhan dengan menyebabkan kematian Shamsul bin Arbain, K/P: 730309-08-5933, dan oleh yang demikian kamu telah melakukan suatu kesalahan yang boleh di hukum di bawah Seksyen 302 Kanun Keseksaan.

Another accused person by the name of Saravanan a/l Ayavoo who is the brother of the accused was also charged for the same offence in case No. PCT.45-03-02. An application was made for the above two cases to be heard jointly and accordingly the two cases were so heard for which the accused Saravanan a/l Ayavoo in case No. PCT. 45-03-02 was acquitted and discharged without his defence being called at the close of the prosecution case.

The evidence adduced by the prosecution were as follows: On 14 August 2000 SP1 who was on duty at the enquiry office Balai Polis Langkap received a telephone call from an unknown person regarding the discovery of a corpse in an oil palm estate. A police party was sent to the scene an