Visu Sinnadurai J

The facts

On the first day of the trial, 7 September 1992, the prosecution tendered a charge against the six accused which was for murder punishable under s 302 of the Penal Code (FMS Cap 45) read together with s 34. All accused pleaded guilty and claimed trial.

In accordance with the procedure under the Criminal Procedure Code (FMS Cap 6), a jury of seven was chosen. The deputy public prosecutor after having presented a statement of facts, made a request to the court that the trial be adjourned so as to enable the prosecution to consider the possibility of the charge being amended. As there was no objection from any of the counsel acting for the accused persons, this court granted an adjournment until Wednesday 8 September 1992.

When the court sat on 8 September 1992, the learned deputy public prosecutor informed the court that the prosecution was tendering an ammended charge against the six accused. The original charge of murder was then reduced to one of culpable homicide not amounting to murder, punishable under the first limb of s 304 of the Penal Code (FMS Cap 45) read together with s 34 of the said Code. The charge read as follows:

Bahawa kamu bersama-sama dua orang yang masih bebas pada 9 Julai 1988 jam lebih kurang antara 5.30 petang dan 12.00 tengah malam di sebuah padang di Batu Estate Segambut, di dalam Daerah Sentul, di dalam Bandaraya Kuala Lumpur, di dalam Wilayah Persekutuan dengan niat yang sama telah mekematian penama Ramadas a/l Veliasamy (KP: 2492554) dengan niat menyebabkan kecederaan badan yang berkemungkinan besar mendatangkan kematian dan dengan itu kamu telah melakukan satu kesalahan yang boleh dihukum di bawah s 304 (bahagian pertama) Kanun Keseksaan dibaca bersama dengan s 34 Kanun yang sama.

The charge was then read and explained to each of the accused persons. All of the accused persons elected to plead guility on the reduced charged.

The deputy public prosecutor then read out the statement of facts pertaining to the new and reduced charged. The facts as presented by the deputy public prosecutor were as follows: The six accused and two others still at large, had the common intention to cause injuries to the deceased with the intention of causing death. On 9 July 1988 at about 5.30pm at Batu 51/2 Jalan Kelang Banting, Selangor, the six accused persons were seen with the two others still at large. At that place and time there were two cars, a Datsun, bearing registration no BAQ 1566 and a Proton Saga, bearing registration no BCH 6717 and another car belonging to the deceased, a Toyota, bearing registration no BBT 8561.

The deceased was also seen at the same place. The deceased was stabbed and punched, and he was forcibly dumped into the Proton Saga. The six accused, and the two still at large, drove the Proton Saga and the Datsun and headed towards the direction of Kuala Lumpur.

On the way to Kuala Lumpur, the deceased, whilst in the Proton Saga, was further stabbed and punched. The deceased was then dumped in a padang at Batu Estate, Sagambut. At this place, the deceased was further slashed and subsequently the body of the deceased was taken and thrown into a stream at Segambut Atas, Sentul.

The body of the deceased was taken for post mortem. The death was certified to have been caused by slash and stab wounds. Investigations carried out by the police indicated that the six accused, and the two others still at large, had a common intention to cause the injuries to the deceased as was likely to cause his death. Police investigations also revealed that a long parang and a knife were used for this purpose.

After the deputy public prosecutor had read out the facts, the court then asked each and everyone of the accused whether they understood the facts and whether they agreed to it. They were again asked whether they still maintained their plea of guilt. The court, having ascertained that they understood and appreciated the consequences and nature of their plea, recorded their