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HIGH COURT MALAYA ALOR SETAR
PP – Appellant
Versus
HEMANATHAN RAMACHANDRAN & ORS AND OTHER CASES – Respondent
| Table of Content |
|---|
| 1. essential facts leading to the prosecution's case against the accused. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. witness testimonies regarding the brawl and injuries inflicted. (Para 12) |
| 3. legal definitions and implications of unlawful assembly under the penal code. (Para 15 , 16 , 17) |
| 4. key legal provisions regarding unlawful assembly and liability. (Para 18 , 24) |
| 5. finding of failure to establish intent to murder or membership in unlawful assembly. (Para 40 , 46) |
| 6. final determination regarding the conviction and sentencing. (Para 55) |
[1] This trial commenced before another Judicial Commissioner. It involves the joint hearing of four cases. The cases are 45B-02-06-2015, 45B-03-06-2015, 45B-05-06-2015, 45B-05-06-2015 and 45B-10-10-2015. Save for 45B-10-10- 2015, there is only one accused in each of the cases. There are, however, two accused persons in 45B-10-10-2015 making a total of five accused persons in this trial. Before proceeding with the hearing I ascertained that there were no objections from all parties that I continue the hearing. Neither party chose to recall any of the witnesses who had testified earlier.
[2] The brief facts of the prosecution cas
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