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1976 MarsdenLR 291

.
RAJAGOPAL – Appellant
Versus
PUBLIC PROSECUTOR – Respondent


Advocates:
For the appellant - M. Mahalingam; Mahalingam & Poobalan. For the respondent - Lamin bin HM Yunus (DPP)

JUDGMENT

Gill Ag LP (delivering the judgement of the Court):

The appellant was tried before Abdul Hamid J and a jury for the murder of one Perumal s/o Resavan in contravention of s. 302 of the Penal Code. The jury by a majority of five to two returned a verdict of guilty, with which the judge concurred, whereupon the appellant was convicted and sentenced to death. Against this conviction and sentence he appealed to this court. At the close of the hearing we dismissed the appeal, and now proceed to give our reasons.

At the trial there was very little controversy as to the facts, as the evidence produced by the prosecution in support of the charge was not seriously challenged. On that evidence it was abundantly clear that the deceased died as a result of the numerous stab wounds which were inflicted upon him by the appellant.

The defence relied upon was one of insanity. The appellant made a statement from the dock in which he said that he had nothing to say as he did not know what to say. His mother gave evidence to say that when on the night in question her son returned to the house she saw some blood stains on his shirt, and that when she asked him, "What is this?" he replied, "N

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