JUDGMENT

Che Mohd Ruzima Ghazali JCA:

Introduction

[1] Both respondents, Udi Anak Ambo (1st respondent/1st Accused) and Ngumbang Anak Abang (2nd respondent/2nd Accused) were charged for an offence of murder in the High Court of Sibu and the charge against them read as follows:

That you together, on 19 March 2017, between 12.20 am. and 3.30 am. at chilli farm, Ulu Sungai Enseluai Sare, 96100 Sarikei, in the District of Sarikei, in the State of Sarawak, in furtherance of the common intention of you all, did commit murder by causing the death of JAMPONG ANAK JON (NRIC: 650807-135913), and you thereby committed an offence punishable under s 302 of the Penal Code , and read together with s 34 of the same Code.

[2] At the end of the prosecution's case, the learned High Court Judge (LHCJ) made a finding that the prosecution had successfully proved a prima facie case against the respondents and called on them to enter their defence. At the end of the defence's case, the LHCJ decided that both respondents had successfully raised reasonable doubts and thus, both respondents were acquitted and discharged. Aggrieved with the said decision, the Public Prosecutor (the appellant) appealed.

[3] The ap