Harun J

In this case all six accused are police officers attached to Cheras Police Station, Kuala Lumpur and were jointly charged with committing culpable homicide not amounting to murder under section 304 Penal Code read with section 34 of the same Code.

The facts are as follows:

Cheras Police Station is the headquarters of the 'C' Division of the Kuala Lumpur Police. 'C' Division includes Kg. Date Keramat. In 1977 the Police received several reports from members of the public living in Kg. Date Keramat that their houses were broken into and articles stolen. The Police set about to stamp out this menace and the Crimes Prevention Branch of 'C' Division was deployed for this purpose. The function of this branch is to take measures to prevent the commission of preventable crimes which includes the rounding-up of suspects and interrogating them.

At the material time, the Head of the Crimes Prevention Branch at Cheras Police Station was Chief Inspector Lai Kim Hon (the 1st accused). He had under his charge the following officers:

1 Detective Sergeant; 4 Detective Corporals; 12 Detective Police Constables; and 8 Special Rounds Police Constables.

The 3rd accused (Mahazan) and 4th accused