Mohd Ghazali FCJ (delivering judgment of the court)

The appellant was convicted for the murder of one Aswadi bin Mohamad (‘the deceased’) and was sentenced to death in accordance with s 302 Penal Code

THE FACTS

The offence was committed on 2 September 2000 at about 8pm at a night market in Pekan Merchang, Marang Kuala Terengganu. The facts showed that on the night of the incident the deceased and his brother PW4 visited a stall selling compact discs which was operated by PW2 and his wife, PW3. PW2 and PW3 then saw the appellant hitting the deceased on his head with a brick. When the deceased fell to the ground the appellant continued attacking the deceased with his hands and legs. The appellant then ran away. PW4, who knew the appellant, also witnessed the incident.

The deceased was then taken to the Terengganu Hospital for treatment. PW16, the doctor who treated the deceased testified that the deceased was in a coma when he was brought in and that an x-ray of the head revealed a fracture of the right temporal bone. He further testified that the deceased was in a critical condition at that material time and opined that he had a slim chance of survival. The deceased succumbed to his inj