Pendakwa Raya v 1. ) GOPU A/L LAKSHMANAN 2. ) SURESH A/L VELLASAMY

j-05sh-125-03-2024 Court of Appeal (Mahkamah Rayuan) 2 September 2025 • J-05(SH)-125-03/2024 • 20 min read
5 cases cited (0 SG, 5 foreign)

Outcome

Accordingly, the appeal is allowed. The conviction under section 304(a) of the Penal Code is set aside and substituted with a conviction under section 302 of the Penal Code.

Quoted verbatim from the judgment of Court of Appeal (Mahkamah Rayuan) (j-05sh-125-03-2024). Read the full judgment on the official Malaysia Courts portal for the complete decision.

Catchwords

Appeal against whole decision – Murder – Section 302 of the Penal Code – Section 304(a) of the Penal Code – Section 34 of the Penal Code – Whether the learned High Court Judge erred in amending the charge from section 302 to section 304(a) of the Penal Code at the close of the defence case – Whether the learned High Court Judge correctly evaluated the evidence and amended the charge in line with section 158 of the Criminal Procedure Code – Whether the Prosecution had established all the requisite elements under section 300(c) of the Penal Code – Whether the learned High Court Judge erred in holding that there was no intention to cause death on the basis that the Respondents could have inflicted more immediately fatal injuries.

Practice Areas

Criminal Law Criminal Procedure

Judges (3)

Azman bin Abdullah Coram Hayatul Akmal binti Abdul Aziz Coram Noorin binti Badaruddin Delivered

Counsel (9)

Attorney General's Chamber Firm Veizay & Company Firm Vijaya Sandran & Assosiates Firm Khairuzzaman Ridha Counsel Respondent Mohd Asnawi Bin Abu Hanipah Counsel Prosecution S. Vijaya Retnam @ Veizay Counsel Respondent Subash Ramasamy Counsel Respondent T. Vijaya Sandran A/L Tangavelu Counsel Respondent V. Pushparajan Counsel Respondent

Parties (3)

Pendakwa Raya Appellant Gopu a/l Lakshmanan Respondent Suresh a/l Vellasamy Respondent

Statutes Cited

Criminal Procedure Code
s 158
Evidence Act 1950 (Cap 56)
s 32(1)(i)
Penal Code (Cap 574)
s 300 s 300(c) s 302 s 304(a) s 34

Cases Cited (5)

MY (4)
[1976] 1 MLJ 156 [2010] 4 CLJ 305 [2012] 8 CLJ 537 [2022] 1 CLJ 673
IN (1)
AIR 1958 SC 465

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (j-05sh-125-03-2024)