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2004 MarsdenLR 2603 ; 2004 MarsdenLR 1

GOPAL SRI RAM, HASHIM YUSOFF, BAHARUDIN SHAH
SABARUDIN BIN NON – Appellant
Versus
PUBLIC PROSECUTOR – Respondent


Advocates:
Azmi bin Ariffin (Attorney General’s Chambers) for the respondent in all the appeals.

Gopal Sri Ram JCA:

(1) (delivering judgment of the court)

Preliminary

(2) 1 Hasleza Ishak was 26 years old when she died. She was cut down in the prime of her life. This case concerns the circumstances in which she met her end. The four accused who stand before us as appellants were originally charged with one other, the first accused in the court below for her murder. We will for convenience refer to the appellants as the second, third and fourth and fifth accused respectively. The charges against them were as follows. First, as against the first accused (Mat Saad bin Mat Isa), the second and third accused, under s 302 of the Penal Code read with s 34 of that Code. Second, as against the fourth and fifth accused, under s 302 of the Penal Code read with s 109 of that Code. It is appropriate to mention that at after the trial had commenced and after PW25, the pathologist had given his evidence, the first accused pleaded guilty to a reduced charge of culpable homicide not amounting to murder. He was dealt with and sentenced to 14 years imprisonment. He then gave evidence for the prosecution as PW34. At the close of the case for the prosecution, the learned trial judge ruled th

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