JUDGMENT

Augustine Paul JCA:

The charge preferred against the accused persons in this case is as follows:

Bahawa kamu bersama-sama pada 1hb Mac 1996 jam lebih kurang 10.30 malam di rumah beralamat 306, Desa Aman Bt. 11 Sg. Buloh dalam daerah Gombak, dalam Negeri Selangor Darul Ehsan, dengan niat bersama kedua-dua kamu telah melakukan pembunuhan ke atas Shaikh Abdul Rub Samdani Siddiqi (Passport No. G 849203). Oleh itu kamu telah melakukan satu kesalahan yang boleh dihukum di bawah s. 302 Kanun Keseksaan dibaca bersama dengan seksyen 34 Kanun yang sama.

Both the accused persons claimed trial to the charge. Briefly stated the facts of the case are that on 15 March 1996 Ulang a/l Sipang (PW1) came across a big parcel when he was walking to his Kampong at Batu 16, Batu Caves, Gombak. He informed Corporal Ramli bin Tawil (PW2) about it. They found a dead body ( " the deceased " ) in the parcel. Inspector Mohamad Maizan (PW6) was then informed. Upon further investigation a handphone was found at the scene. It was found to be registered in the name of one Jasbir Kaur (PW8) for the use of her business partner Shaikh Abdul Rub, a Pakistani national who was later identified as the deceased. The police took possession of PW8's car. It was examined by the police Polilight expert. Samples of earth found on the seats and rubber mats were taken for Polilight examination. Two strands of hair were also found on one of the rubber mats in the boot of the car. Later the exhibits were sent to the Chemistry Department for analysis together with a sample of hair taken from the deceased. In dealing with the events that led to the death of the deceased we can do no better than reproduce the able summary of the facts as found by the learned trial judge in his grounds of judgment. It reads as follows:

SP8 Jasbir Kaur a/p Pritam Singh is the wife of the 1st Accused. In 1996, she was a business woman. As stated above, the deceased was her business partner. She has been managing a bed and breakfast villa and selling cloth and Punjabi costumes since 1994. Previously, she was working for the deceased who was also known to her as Khan whose wife was originally with him in Malaysia but has since returned to Pakistan. Jasbir Kaur was invited by the deceased to become his business partner. This business partnership very soon developed to an extent and dimension beyond the frontiers of purely business partnership.

After the deceased had been missing for 3 to 4 days, Jasbir Kaur made Dang Wangi police report No 4759/96. She was subsequently informed by the police of the deceased's death. The last occasion Jasbir Kaur saw the deceased was at noon on 1 March 1996 at Georgetown Pharmacy, Jalan Tuanku Abdul Rahman, where she bought some medicine. In 1996, Jasbir Kaur was staying near Jalan Tuanku Abdul Rahman. On that date, the deceased had telephoned Jasbir Kaur to inform her that he was going to Singapore and that he was giving his house key to his servant.

On 2 March 1996, at the invitation of her mother-in-law, Jasbir Kaur together with the 1st Accused and 2 brothers-in-law went to Taiping, to attend the birthday party of a grandchild of her mother-in-law, and returned to Selayang on 3 March 1996.

On 1 March 1996, Jasbir Kaur's husband ie, the 1st Accused took her car to work. After 6.00 p.m. when she left her house, she did not see her car there; even until 10.00 p.m., her car was still not there. She knew the 1st Accused was then using her car. Jasbir Kaur said the deceased knew the 1st Accused and that the 1st Accused and the deceased had no arguments. Jasbir Kaur had given the deceased her handphone for the deceased to use. Whenever the handphone was turned on, Jasbir Kaur's name would appear on the screen thereof.

Jasbir Kaur remembered the visits by some police officers such as DSP Gan and Insp. Mohamed to her house. At first she did not know of the reason for these visits, but was later told that the police wanted to take her car for inspection. For