[2010] 4 MLJ A B C D E F H I (Heliliah FCJ) 433 [4] A parang (exh P22) was recovered following investigations by the police in a room belonging to KSY. Evidence was led by the prosecution that purchase of the parang (exh P22) was made by the appellants. The police investigations resulted in four persons being charged under s 302 of the PC read with s 34 of the PC, namely the appellants, KSK and KSY. At the close of the case for the prosecution KSK and KSY were acquitted while the first and second appellants were directed to enter upon their defence which they did on oath. [5] The evidence relied upon by the prosecution in this case was primarily circumstantial. The complaints raised in this appeal rest on the following principal issues (1) findings on facts and (2) common intention and the findings on common intention. It is contended in principle that there are gaps in the facts led by the prosecution such that the prosecution has in effect failed to establish the actus reus in relation to the appellants. This in turn evolves mainly on the fact that the evidence linking the presence of the appellants to the dwelling house where the assailants inflicted the fatal injuries are indirect and mostly inferential in nature. And closely intertwined with this is the alleged paucity of evidence to provide the common intention between the appellants since reliance is emplaced on s 34 of the PC. We would like to refer to the findings of the HC and COA on those issues and state our views thereon in the course of the issues being dealt with in this appeal. THE FIRST PRINCIPAL ISSUE: FINDINGS OF FACTS [6] G Low Kian Boon & Anor v Public Prosecutor The HC in the grounds of judgment evaluated the following: PW20 the spouse of the deceased who was present in the house did not identify the person or persons who purportedly were seen by her. The other person who was in the house that is her daughter KSK who was charged together with the appellants could not be relied upon by the prosecution. Hence reliance was emplaced on the evidence of several other witnesses whose evidence have also been challenged. It is found necessary to deal with the evidence brought forth by the witnesses in the following sequence that is (a) evidence relating to the purchase of the weapon used; (b) evidence of witnesses relating to the appellants. (a) The purchase of the weapon identified exh 22 The evidence of SP5 indicates a positive identification of the purchase of the exh 22 by two persons namely the two appellants. SP5 also identified the same two appellants at the identification parade conducted by the police. The evidence of SP5 remained unshaken in so far as this part of the evidence is adduced by the prosecution. SP6’s evidence also established the same two appellants to be the persons

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