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2017 MarsdenLR 496

COURT OF APPEAL PUTRAJAYA
MOHAMAD ZUL SHAHRIL SUHAIMI – Appellant
Versus
PP & OTHER APPEALS – Respondent


Table of Content
1. the appellants were charged with murder under s 302 of the penal code. (Para 1)

[1] In the court below, the appellant in Criminal Appeal No B-05-318-11/2014 (the '1st accused'), the appellant in Criminal Appeal No B-05-319-11/2014 (the '2nd accused') the appellant in Criminal Appeal No B-05-320-11/2014 ( '3rd accused') and one Mohammed Safwan bin Mohamad, the 4th accused, were charged and tried with the commission of an offence under s 302 of the Penal Code ( PC ) vide cases No 45B-221-10/2012 and No 45B-222-10/2012. All the three accuseds were convicted and sentenced to death.

[2] The 4th accused, was acquitted and discharged of both the cases at the end of the prosecution's case. An appeal was lodged by the Public Prosecutor vide Criminal Appeal No B-05-271-09/2014, which was heard together with these appeals. We allowed the appeal and ordered the 4th accused to enter his defence upon the charge proferred against him in case No 45B-222-10/2012 before the same learned trial judge. The decision of the learned judge in case No 45B-221-10-2012 against the 4th accused is affirmed.

[3] This is our judgment in relation to the three appeals of the appellants. For the pu

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