[1] These are appeals against convictions and sentences by the three appellants, where all of them were jointly charged for two offences, namely for murder, under s 302 of the Penal Code and for kidnapping, under s 3 of the Kidnapping Act 1961 .

[2] The two charges against the appellants read as follows:

First Charge

"Bahawa kamu bersama-sama pada 11 September 2008 di antara jam lebih kurang 12.00 tengah malam di Lot 2841, Jalan Alor Bukit Kulai, di dalam daerah Kulai Jaya, di dalam Negeri Johor Darul Takzim, di dalam meneruskan niat bersama kamu semua, telah membunuh seorang perempuan iaitu LAI YING XIN (K/P No: 920417-01-6334), oleh yang demikian kamu telah melakukan suatu kesalahan yang boleh dihukum di bawah s 302 Kanun Keseksaan yang dibaca bersama s 34 Kanun yang sama."

Second Charge

"Bahawa kamu bersama-sama pada 11 September 2008 di antara jam lebih kurang 9.45 malam di hadapan Hypermarket, Jalan Kulai-Air Hitam di dalam daerah Kulai Jaya, di dalam Negeri Johor Darul Takzim, di dalam meneruskan niat bersama kamu semua, telah melakukan colek terhadap LAI YING XIN (K/P No: 920417-01-6334), dengan niat bagi mendapatkan wang tebusan berjumlah RM60,000 oleh yang demikian kamu telah melakukan suatu kesalahan yang boleh dihukum di bawah s 3 Akta Colek 1961 (Akta 365) dibaca bersama s 34 Kanun yang sama."

[3] Before we proceed, it is proper to state that as per their respective Notices of Appeal, the 1st appellant's appeal is against both conviction and sentence and whereas the 2nd and 3rd appellants' appeals are only against their convictions.

Facts Of The Case

[4] The facts in relation to the charges are overlapping, as they involved events and sequence of events that are linked together. Briefly the facts are as follows.

[5] The whole episode started with the disappearance of a young salesgirl, one Lai Yin Xin not long after she left her workplace on the 11 September 2008. On the 11 September 2008 at about 9.30pm just after work Lai Yin Xin was seen approaching and boarding a silver Perodua Kembara. She was on the date staying with her parents. SP19, Lai Then Song is her father and SP13, Chia Siew Peh is her mother. On the 12 September 2008 at about 6.20am SP13 received a phone call from an unknown person claiming that Lai Yin Xin was in his custody and demanded ransom in the sum of RM60,000.00 in return of Lai Yin Xin's release. The police was later informed about the demand. Thereafter a series of calls reached SP13 in relation to the demand for money. Finally the caller agreed to accept RM30,500.00. SP18, Khor Ting Loo the boyfriend of Lai Yin Xin, then delivered the money at the specified location. The money was placed in a bag. On the caller's instructions the bag was later placed beside a road at Taman Indahpura Kulai. According to SP13 Lai Yin Xin owned a Nokia cellphone with line no 016-7087562.

[6] On the 16 September 2008 at about 1.30am, SP36, Insp Mohd Zairi Bin Badderul @ Badrol, based on information, found a body which was totally burnt. Samples were taken from the area where the body was found and sent for forensic analysis. Clinical and forensic examinations by the pathologist, SP20, Entomologist (SP22), Odontologist (SP 25) and chemist (SP1) confirmed that the body was that of Lai Yin Xin ("the deceased").

[7] All the appellants were arrested on the 15 September 2008 at the parking area at Rose Villa Taman Sri Putri, Johor in a Kembara bearing Registration no JCG 9877 ("the Kembara"). In the Kembara SP27, the chief arresting team found cash totaling RM22,000.00 placed in a bag (P78) which was found lying on the back seat. Another accused, Wong Kah Wai was arrested on the same day at a house No 1929, Jalan Sri Putri 6/7, Taman Putri, Johor Bharu.

[8] After the arrest the prosecution led evidence under s 27 of the Evidence Act 1950 information with regard to the recovery of the deceased's