[2010] 3 MLRA
Balamurali Muthusamy v. PP
681
iii. his acts caused the serious injury which led to the death; and
iv. he had no reason for doing what he did.
[18] At p. 208 of the record of appeal, to confirm that he was not unmindful of the
legal requirement that the injury in all probability would cause death or such
bodily injury as is likely to cause death, the learned judge wrote:
Seksyen 300(d) Kanun Keseksaan ini boleh digunakan apabila seseorang yang
dituduh itu tidak mempunyai niat tertentu untuk menyebabkan kematian atau
kecederaan ke atas seseorang yang khusus, tetapi ia merangkumi perbuatan
seseorang yang dituduh yang beliau mengetahui amat berbahaya dan
perbuatan itu beliau mengetahui boleh menyebabkan kematian atau
kecederaan yang mungkin menyebabkan kematian.
...
Berdasarkan kepada alasan-alasan di atas saya berpuashati bahawa pihak
pendakwaan telah berjaya membuktikan kesemua unsur di bawah seksyen
300(d) Kanun Keseksaan di tahap melampaui keraguan munasabah terhadap
kedua-dua pertuduhan.
[19] Based on our perusal of the grounds of judgment and finding we had no
hesitation in dismissing the supplementary argument of learned counsel that the
learned judge had failed to consider the ingredient of "act in all probability, cause
death, or such bodily injury as likely to cause death."
[20] Whether by design or not, learned counsel before us left the defence of being
intoxicated untouched. In substitute he canvassed that since limb s. 300(d) was
alluded to by the learned judge, by no account could the learned judge have found
that the appellant knew his acts were imminently dangerous, and would cause the
deaths (Kalegura Padma Rao & Anor v. The State of A.P(AIR [2007]1299). We accept
that this limb requires knowledge on the part of the appellant ie, a subjective
requirement, that he knows that his acts were so imminently dangerous that they
must in all probability cause death or such bodily injury as is likely to cause death.
[21] In no uncertain terms learned counsel submitted that the appellant had merely
wanted to commit suicide and had no idea that his acts were imminently
dangerous and would in all probability cause death. Further to that, the two
deceased persons had come onto the scene when he was in the midst of setting
himself on fire, and they had attempted to stop him from so doing. As starters, we
found the suggestion of learned counsel that the appellant would not know the
effect of his actions as dangerous, absurd and unacceptable. It was his very own
case that the appellant wanted to commit suicide, let alone his mode of suicide was
by engulfing himself with fire. In a word it was a self-defeating argument. If the
appellant knew that drenching himself with petrol and igniting the lighter would
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