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2019 MarsdenLR 665

COURT OF APPEAL PUTRAJAYA
SARAVANAN RAJAGOPAL & ANOR – Appellant
Versus
PP – Respondent


Petitioner Advocates:Hisham Nazir ,Respondent Advocate: Norinna Bahadun

Table of Content
1. charges and motivation in context of murder. (Para 1 , 2 , 6 , 9)
2. the foundation of the murder charges was established through eyewitness testimonies and physical evidence. (Para 4 , 7)
3. evidence of injuries and subsequent conclusions. (Para 22 , 54 , 80)
4. defence claims and judicial assessment. (Para 41 , 70)
5. credibility of witnesses was evaluated, with emphasis on their reliability in establishing facts. (Para 84 , 91)
6. final conclusion and ruling. (Para 93)

[1] The appellants were charged individually on separate dates, with two different case numbers, with the murder of the deceased, one Gobinathan a/l Kumaravellu, under s 302 of the Penal Code (' PC ') read with s 34 of the same. The charge against each of them were identical.

[2] On the application of the learned Deputy Public Prosecutor ('DPP'), the charges against both the appellants were heard together. The charge (as against the 1st appellant) reads:

"Bahawa kamu, bersama-sama (1) rakan bernama Ganesan a/I Kupusamy No KP 700217-08-5293 pada 5 Julai 2015 jam lebih kurang 12.00 fengah hari hingga 1.00 petang di beiakang Restoren Nashmeer, Laiuan Klebang Restu 2, Medan Klebang Restu, Chemor, Ipoh, Pe

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