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2007 MarsdenLR 217

FEDERAL COURT KUCHING
CHE OMAR MOHD AKHIR – Appellant
Versus
PP – Respondent


Petitioner Advocates:Abdul Rahman Hj Mophamad Hazmi ,Respondent Advocate: Raja Rozela Raja Toran

JUDGMENT

Nik Hashim FCJ:

Background

[1] The appellant was convicted and sentenced to death by the High Court for the murder of his second wife Maray Chelek ak Rindat @ Nur Afiza bt Abdullah (the deceased) on 2 March 1996 at about 2150 hours at the Sunday Market, Jalan Satok Kuching, Sarawak in contravention of s 302 of the Penal Code (the PC). His appeal against the conviction and sentence was dismissed by the Court of Appeal (see [1999] 2 CLJ 780). The appellant appealed to us. On 6 February 2007 we unanimously dismissed the appeal and affirmed the conviction and sentence.

[2] The appellant married the deceased in June 1993 at Padang Besar Thailand. The deceased was a native of Sarawak and hailed from Kuching. The appellant came to know her when she was working as a guest relations officer in a karaoke lounge in Kuala Lumpur From the marriage, they had a daughter the appellant was a lance corporal in the Anti-Drug section of the Police Force before his arrest. They stayed at the police barracks at &ang Police Station, Kuala Lumpur where the appellant was attached. His first wife (DW2) was a nurse and he had three children by her

[3] During their marriage, the deceased used to go back

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