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2008 MarsdenLR 980

HIGH COURT MALAYA JOHOR BAHRU
PP – Appellant
Versus
AROKIASAMY ALPHONSO – Respondent


Petitioner Advocates:Norman J Fernandez ,Respondent Advocate: Rashid Sudin,Cik Juanita

JUDGMENT

Kang Hwee Gee J:

The Charge

[1] The accused was charged under s 302 of the Penal Code with the murder of Ganam a/p Sinnasamy (the deceased) on 19 July 2000 between 9.30pm to 11pm in a car at Jalan Berjaya 8, Taman Perindustrian Berjaya, Tampoi, Johor Bahru.

The Narrative

[2] The time was 10.30pm on the night of 19 July 2000.

[3] Inspector Tha Na Sak (PW8) was on duty as an investigating officer at the Johor Bahru police station. He was in the company of Sargeant Soo, Detective Corporal Shafee, Lans Corporal Kulai, and Lans Corporal Kamal at his office at the police station.

[4] The accused suddenly appeared at the office of Inspector Tha Na Sak and proceeded straight to his desk. His shirt was stained with blood and he was shivering. When Inspector Tha Na Sak asked him why he was shivering, the accused answered that he had killed his sister-in-law.

[5] The accused then led Inspector Tha Na Sak to a green Proton Tiara car parked outside his office. Inside the car at the front passenger seat was the dead body of a woman of Indian descent, the victim in this case. Her head was leaning onto the side glass window of the said car. There were slashed marks on her neck and blood stains o

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