[2010] 3 MLRA
Balamurali Muthusamy v. PP
677
v. Public Prosecutor [1976] 1 MLRH 276; [1977] 1 MLJ 79 ). Or to use the words of
Jwala Prasad in Lakshmi Prasad v. Emperor AIR [1923] Pat 307/307, the
preparation here which came in the form of the exploitation of SP9, and leading to
the petrol procurement was the 'devising or arranging means necessary for the
commission of an offence'.
[4] The saga continued one hour later when one Mariammah a/l Suppiah (SP4),
when cooking at about 9.30pm, heard shouts and screams and had rushed to the
source of the commotion. There she saw Komathi, wife of the appellant, being
drenched with petrol and the appellant attempting to strike a lighter. She saw
Komathi and Sareswathy attempting to prevent the appellant from striking the
lighter by embracing him. Some of the petrol had splashed also on SP4 and
Sareswathy. Both Komathi and Sareswathy failed to stop the appellant and in the
course of it were engulfed by fire. The appellant and SP4 were also burnt in the
melee. At about that time one Ganesan a/l Muniandy (SP5) ie, husband of
Sareswathy, who was outside the house also heard SP4's scream and thereupon
rushed into the house. There he saw SP4, Komathi, Sarewathy (the deceased
persons respectively), and appellant being engulfed by fire. He saw the appellant
running out, with Komathi running towards the kitchen, and SP4 attempting to
put out the fire engulfing him. Saraswathy was still burning in the lounge. SP4 after
successfully extinguishing the fire proceeded to help extinguish the fire on
Saraswathy. SP5 subsequently sent Sarawathy and SP4 to the hospital.
[5] On receipt of information the investigating officer on duty, one Sergeant Teh
Nyong Seng (SP7), left for the hospital to investigate the above incident. He saw
the effects of the burns on Komathi and Sareswathy. The appellant was arrested
the next day. On 10 November 2002, Sareswathy died suffering from a 70% body
burn. Her death was caused by traumatic shock together with multiple organ
failure. On 11 November 2002, ASP Razali bin Ahmad (SP1O) took down
Komathi's statement under s. 112 of the Criminal Procedure Code . The next day
she died too. She died of pneumonia and complicated multiple organ failure due to
the 50% burn.
[6] The appellant was subsequently charged under s. 302 of the Penal Code for the
death of the deceased persons.
[7] The learned judge found that the appellant was the cause of the deceaseds being
engulfed by the fire, his act was imminently dangerous, the severe burns had
resulted in the deaths, and the appellant knew that his acts were dangerous. The
learned judge found that the prosecution had successfully established a prima facie
case against the appellant for both the charges.
[8] Having perused the evidence we found that not much of a defence was
canvassed by the appellant at the stage of the prosecution. The only suggestion
made eg, to PPP Ahmad Fauzi b. Mohd Zin (SP14) was that the deaths were
accidental. Yet in the course of another set of questions the appellant's counsel
suggested that the appellant wanted to commit suicide and the deceased persons
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