JUDGMENT

Amelati Parnell J:

Introduction

[1] The Accused Kong Chai Hua was charged with the murder of one Yu Ching San on the 7th of June 2023 at around 7.57pm at Parking Lot 1120 at MDS Supermarket Medan Jaya, Bintulu, Sarawak.

[2] The charge was framed as follows:

That you, on 7 June 2023, at around 7.57 pm at Parking Lot 1120 at MDS Supermarket Medan Jaya, 97000, in the district of Bintulu, in the state of Sarawak, did commit murder by causing the death of one Yu Ching Shan (IC No: 731110-13-6195) and that you have thereby had committed an offence punishable under s 302 of the Penal Code.

The Prosecution's Case

[3] During the trial 19 witnesses was called. The facts of case as outlined in the Prosecution's submission are that on the 7th of June 2023 at about 8.27 pm, the complainant Kpl Mohd Rohaizad bin Mohd Ngadiron (PW2), who is the police officer on duty at IPD Bintulu received information that a man had been found covered in blood at the rubbish bin area in front of MDS Medan Jaya in Bintulu. The complainant subsequently lodged police report BINTULU/5656/23 [Exhibit P26] as the first information report.

[4] On the same day, 7th of June 2023 at about 9.15 pm, the 15 investigation of