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1981 MarsdenLR 489

SYED OTHMAN
JAYARAMAN – Appellant
Versus
PUBLIC PROSECUTOR – Respondent


Advocates:
DP Vijandran ( Chandran G Nair with him) for the appellants.
Muhammad Shafee bin Abdullah (Deputy Public Prosecutor) for the respondent.

JUDGMENTBY: SYED OTHMAN FJ

This appeal is against the decision of the learned President, Sessions Court at Kelang. On January 2, 1980 he convicted the appellants of 4 charges under section 304 read in conjunction with section 34 of the Penal Code for causing the deaths of (1) Mohd. Amin bin Doyak, (2) Mispan bin Tunut, (3) Suppian bin Ali, and (4) Ahmad Nasiruddin bin Bunyamin. On the 1st charge, the 4th and 5th appellants were sentenced to 18 months imprisonment and the others 2 years each. On the 2nd, 3rd and 4th charges, the 4th and 5th appellants received 2 years 6 months each on each.

The sentences were to run concurrently.

The Public Prosecutor also appeals against sentences for inadequacy.

The appellants petition of appeal runs to 57 pages containing 95 main grounds of appeal including 5 relating to sentence. Para 19 lists out 117 particulars alleging findings which are said to be against the weight of evidence or against the drawing of adverse inferences, or which are said to be based on personal conjecture and not on facts proved before the court or the result of illogical arguments. Ground 20 lists out 17 particulars alleging failure to make inferences favourable to th

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