Hamid Sultan JCA (delivering judgment of the court)

Two appeals relating to the accused Thenegaran a/l Murugan (‘Lobo’) came for hearing on 23 January 2013. We heard them together and the one by the accused was allowed and the one by the public prosecutor was dismissed on the same day. This is our judgment.

The public prosecutor’s appeal is Appeal No B-05–154 of 2008 against the decision of the learned judge who amended the charge of s 302Penal Codes 304(a)same Code

The accused, Lobo’s appeal is Appeal No B-05–145 of 2008 which relates to two matters:

(a)the conviction of Lobo for the murder of Raguram (‘the first deceased’), under s 302Penal Code

(b)the conviction of Lobo for the murder of Murali, to lesser offence of culpable homicide to attract s 304(a)Penal Code

It is well settled that it is in the hands of the trier of facts to assess the quality of evidence and to determine whether the evidence on record justifies a conviction. In so doing if the court orders an acquittal or conviction it cannot be set-aside by the appellate court unless it records a finding that the view taken by the trial court was not a possible reasonable view of the evidence on record (see Pramod Mandal v Stat