JUDGMENT

Hamid Sultan Abu Backer JCA:

[1] 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.

[2] The Public Prosecutor's appeal is appeal No B-05-154-2008 against the decision of the learned judge who amended the charge of s 302 of the Penal Code relating to Lobo for murdering Murali (2nd deceased) to s 304(a) of the same code.

[3] The accused, Lobo's appeal is appeal No B-05-145-2008 which relates to two matters:

(i) the conviction of Lobo for the murder of Raguram (1st deceased), under s 302 Penal Code.

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

[4] 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