JUDGMENT

Hashim Hamzah JCA:

Introduction

[1] The appellant was charged under s 302 of the Penal Code and the charge preferred by the Public Prosecutor against the appellant reads:

"Bahawa kamu pada tarikh 21 November 2016 jam lebih kurang 12.15 tengah hari bertempat di Jalan Kancil 1, Taman Scientex, 81700 Pasir Gudang di dalam daerah Johor Bahru, di dalam Negeri Johor Darul Ta'zim telah melakukan bunuh ke atas seorang perempuan bernama Durga Devi A/P Viswanathan (No KPT: 931020-01-5162), dan dengan itu kamu telah melakukan suatu kesalahan yang boleh dihukum di bawah s 302 Kanun Keseksaan."

[2] The appellant pleaded not guilty to the charge. Twenty-three witnesses gave evidence for the prosecution. At the end of the prosecution case, the learned Judicial Commissioner ("JC") found that the prosecution had proven a prima facie case, and the appellant was consequently called to enter his defence. The appellant gave evidence on oath. Two other witnesses were called to give evidence during the defence case. At the end of the defence case, the appellant was found guilty. He was convicted and sentenced to death by hanging.

[3] Aggrieved with the said decision, the appellant filed the present