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2004 MarsdenLR 1098

COURT OF APPEAL PUTRAJAYA
SABARUDIN NON – Appellant
Versus
PP & OTHER APPEALS – Respondent


Petitioner Advocates:Gurbachan Singh ,Respondent Advocate: Azmi Ariffin

JUDGMENT

Gopal Sri Ram JCA:

Preliminary

2

[1] Hasleza Ishak was 26 years old when she died. She was cut down in the prime of her life. This case concerns the circumstances in which she met her end. The four accused who stand before us as appellants were originally charged with one other, the first accused in the court below for her murder We will for convenience refer to the appellants as the second, third and fourth and fifth accused respectively. The charges against them were as follows. First, as against the 1st accused (Mat Saad bin Mat Isa), the 2nd and 3rd accused, under s 302 of the Penal Code read with s 34 of that Code. Second, as against the 4th and 5th accused, under s 302 of the Penal Code read with s 109 of that Code. It is appropriate to mention that at after the trial had commenced and after PW25, the pathologist had given his evidence, the first accused pleaded guilty to a reduced charge of culpable homicide not amounting to murder He was dealt with and sentenced to 14 years imprisonment. He then gave evidence for the prosecution as PW34. At the close of the case for the prosecution, the learned trial judge ruled that the prosecution had made out a case for the appellan

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