JUDGMENT

Augustine Paul JCA:

The accused was charged with an offence of murder under s. 302 of the Penal Code in the High Court at Temerloh. He was found guilty. Upon his conviction the mandatory death penalty was imposed. His appeal against the conviction and sentence was dismissed by the Court of Appeal. He has now appealed to this court.

The deceased, Ali Ahmmed bin Mohammed Ullah, was known to the accused and one Meganathan a/l Mariapen (PW4), the principal witness for the prosecution. The investigation in this case commenced with the discovery of the headless body of the deceased in Ladang Kim Swee Leong by Gopal a/l Ammaswasai (PW3) on 23 August 1994. PW4 said that about three to four weeks prior to the incident the accused had told him that in order to win in the four-digit lottery the head of a person was necessary. On the evening of 19 August 1994 PW4 was driving his car with the accused and the deceased as passengers towards Kampung Awah. On the way the accused bought a bottle of samsu and two cans of beer. The accused and the deceased who were at the backseat were consuming the alcohol. On the way they stopped at the house of the accused's mother where the deceased conti