JUDGMENT

Ravinthran Paramaguru JCA:

Introduction

[1] There are two appeals before us. Both appeals arise from the same murder trial. The accused was charged as follows:

"That you, ODANG (PASSPORT NO: AS 952609) between 9.30 pm on 20 February 2019 and 7.20 am on the 21 February 2019, at Block 89 A, Ladang Rinwood, Kenyana Estate, in the district of Mukah, in the State of Sarawak, committed murder by causing the death of RIANTO (M) (PASSPORT NO: A 7734680), and thereby you have committed an offence punishable under s 302 of the Penal Code ."

[2] At the conclusion of the trial, the accused was found guilty of the lesser offence of culpable homicide not amounting to murder under s 304(a) of the Penal Code . He was sentenced to 13 years imprisonment from the date of arrest. In the first appeal, the accused has appealed against the conviction and sentence under s 304(a) of the . In the second appeal, the Public Prosecutor has appealed against the decision of the High Court to acquit the accused of the murder charge and find convict him for the lesser offence under s 304(a) of the .

Case For The Prosecution

[3] The case for the prosecution was based on the eye witness evidence of Puddi