Raus Sharif JCA:

[1] The accused was convicted for the murder of one Soosaiammah a/p Arokiasamy and was sentenced to death. The charge against the accused reads:

Bahawa kamu pada 17.5.1998, di antara jam 6.50 pagi hingga jam 10.00 pagi, di Kedai Runcit No. 156, Lorong 4, Kampong Gatco, Air Hitam, di dalam Daerah Jempol, di dalam Negeri, Negeri Sembilan telah melakukan pembunuhan dengan menyebabkan kematian SOOSAIAMMAH A/P AROKIASAMY, K/P: 660301-05-5456 dan dengan itu telah melakukan satu kesalahan yang boleh dihukum di bawah Seksyen 302 Kanun Keseksaan.

[2] The accused appealed to this court against her conviction and sentence. Having heard arguments of the parties, we adjourned the matter for our consideration and decision. We now give our decision and the reasons for the same.

Facts

[3] 17 May 1998 was a tragic day for Gabrial a/l S. Raju (SP7). On that day, at about 10am he found his wife's body, Soosaimmah a/p Arokiasamy ("the deceased") sprawled on the floor covered in blood at his sundry shop at No. 156, Lorong 4, Kampong Gatco, Air Hitam, Jempol. He subsequently found about RM500-RM600, which he kept in the cashier counter of his shop, missing. Also missing was a gold chain that the deceased was wearing that morning.

[4] SP7 immediately called the police. He informed the police that the deceased was robbed and murdered. A number of policemen came to the crime scene. First to arrive were Kpl Mohd. Din bin Hj. Mohd Diah (SP2) and L/Kpl Md Rodzi Yadi. They arrived at the crime scene at 10.35am. The Investigating Officer, Ketua Inspektor Yong Soun Lian (SP13), together with Inspektor Nor Azlinda bte Nordin (SP15) and a police photographer L/Kpl Sahaimi Mohamad (SP3) arrived at about 11.20am.

[5] At the crime scene, SP13 found the deceased body lying on the floor near the cashier counter. The body was covered in blood and smelled of acid. Upon examination of the body, he found a slash wound at its neck. SP13 recovered an empty formic acid bottle at the vegetable rack and a knife (P19B) with blood stain. SP13 also recovered a few broken leg portions of a stool and a broken seat of a stool. Also recovered was an identification card belonging to Shamsuri bin Hashim (SP6) on the cashier counter. SP6 was arrested and later released as the investigation confirmed that he was not involved in the commission of the crime.

[6] A post-mortem on the deceased body was conducted at Kuala Pilah General Hospital by Dr. Zahari b. Noor (SP9) a forensic pathologist attached to Kuala Lumpur General Hospital. According to SP9, the deceased had numerous injuries including scalding on the head, face, chest and hands. But SP9 was of the opinion that the cause of death of the deceased was due to a slash wound at the right side of her neck which had severed off the sterna mastoid muscle and carotid artery vein and caused massive bleeding. SP9 testified that the knife (P19B) recovered at the scene of crime, could cause the injury. SP9 also testified that the deceased had some defensive wounds. He attributed the scalding on the body ie, head, face, chest and hands of the deceased due to the deceased coming into contact with acid from the front direction.

[7] The accused was arrested by K/Insp Lee Kwu Lin (SP12) on 18 May 1998 at about 12.45am at her house at No. 130, Lorong 5, Kampong Gatco. Her house is about 500 meters from the crime scene. The police found scalding marks on the accused left arm and lower part of her lips. At about 11am on the same day the accused was examined by Dr. Sandra Krishnan (SP14). SP14 was of the opinion that the injuries as found on the accused were consistent of coming into contact with acid and that injuries were one or two days old.

[8] While in custody, the accused gave certain information to the police. At about 5.15pm on 18 May 1998 she led the police to the recovery of the gold chain (P40) and lockets (P44A-F) in a cupboard of her house. The cupboard was initially locked and was opened by the accused by us