Haidar Mohd Noor JCA:

The appellant was charged at the High Court, Sandakan for the offence of murder under s. 302 of the Penal Code.

The charge reads:

That you, on the 5th day of July, 1997 at about 4.00 p.m. at Capital Veneers & Plywood Sdn. Bhd., a factory located at Mile 9, Jalan Labuk, in the District of Sandakan, in the State of Sabah, did commit murder by causing the death of one ISNIDIL B. RASIN, 25 years old male, and you have thereby committed an offence punishable under Section 302 of the Penal Code (FMS Cap 45).

He was found guilty as charged and convicted accordingly by the learned judge. He was sentenced to death.

We heard his appeal against the conviction. We dismissed the appeal and affirmed the conviction and the sentence. We now proceed to give our reasons for upholding the conviction and the sentence.

The learned judge in his judgment set out the necessary ingredients that the prosecution has to prove against the appellant in order to sustain a conviction under s. 302 of the Penal Code.

The ingredients are:

(1) That Isnidil bin Rasin is dead;

(2) That Isnidil bin Rasin died as a result of injuries sustained by him;

(3) That the injuries of Isnid