Visu Sinnadurai J:

Facts

At the conclusion of the trial, this Court took time to consider the appropriate sentence to be passed on the three accused.

The three accused, Nazarudin (first accused; Aziz (second accused); and Azizul (third accused); were charged in furtherance of the common intention of all of them to commit murder by causing the death of one Francis Adickalam, an offence punishable under s.302 of the Penal Code. All three accused pleaded not guilty and claimed trial. A jury was chosen in accordance with the procedure under the Criminal Procedure Code. The trial then went on for about 4 days.

On 22 December the Deputy Public Prosecutor informed the Court that an amended charge was being tendered. The charge of murder was reduced to one of culpable homicide not amounting to murder, punishable under the first limb of s.304 of the Penal Code read together with s.34 of the said Code. The new charge read as follows:

Bahawa kamu, di antara jam 11.00 p.m., 8hb Julai, 1989 hingga jam 12.45 a.m., 9hb Julai, 1989, di satu kawasan lapang berhampiran rumah No. 29A, Jalan 8/84, Taman Dato' Senu, di dalam Wilayah Persekutuan Kuala Lumpur, dengan niat yang sama, telah me