Arifin Zakaria CJ:

Background

[1] The appellant was charged in the High Court at Seremban for the offence of murder under s 302 of the Penal Code. The charge reads as follows:

Bahawa kamu pada 17 May 1998, di antara jam 6.50 pagi hingga jam 10.00 pagi, dikedai runcit No 156, Lorong 4, Kampong Gatco, Air Hitam, di dalam Daerah Jempol, di dalam Negeri, Negeri Sembilan telah melakukan pembunuhan dengan menyebabkan kematian Soosaimmah a/p Arokiasamy, K/p: 660301-05-5456 dan dengan itu melakukan satu kesalahan yang boleh dihukum di bawah s 302 Kanun Keseksaan.

[2] On 8 November 2001 she was found guilty of the offence as charged and was convicted and sentenced to death. Her appeal to the Court of Appeal was dismissed on 16 February 2008 and she now appeals to this Court.

Brief Facts

[3] On the fateful day Gabrial a/l S Raju (SP7), the husband of the deceased, had left his house for the market at around 7am. He returned home at about 10am and found his child crying. He was told that the deceased had left the house since morning and had not returned. He then brought the child to their sundry shop located about 50 meters from his house. He found that the shop was unlocked. Upon entering