682
Balamurali Muthusamy v. PP
[2010] 3 MLRA
lead to a successful suicide, surely the same principle and argument would apply to
the deceased persons.
[22] After a maximum evaluation of the evidence we found no fault with the
eventual decision of the learned judge (Balachandran v. PP [2004] 2 MLRA 123;
[2005] 2 MLJ 301; [2005] 1 CLJ 85; [2005] 1 AMR 321 ). We saw the flow of
evidence in the following manner. The appellant started his quest by procuring
petrol, had a lighter ready and then deliberately entering the house to carry out his
dark deeds. He then sought out the deceased persons in that house. A reliable view
of what actually happened in the house could be gauged from P14 ie, the s. 112
statement of the Criminal Procedure Code statement, recorded from Komathi by
SP10. The latter when recording this statement testified that Komathi was fully
conscious and had comprehended what was asked of her though in a dire strait.
She was unable to leave her thumbprint or signature as her hands were badly burnt
and bandaged. The next day she died. We view her statement, which tantamount
to a dying declaration, as highly relevant and must be accorded a high degree of
value (State of Uttar Pradesh v. Chet Ram & Ors [1989] 1 MLRA 372; [1990] 3 CLJ
(Rep) 468 ). Komathi in her statement said that she was in the lounge area
watching the television when the appellant quietly entered the house through the
rear door of the house holding a tin. He went immediately towards Sareswathy and
drenched her with petrol. The appellant then drenched Komathi with petrol when
she was in the process of pacifying him. Having done that the appellant took out a
lighter and lit it causing fire to engulf them. As said above the two of them
subsequently succumbed to the burns.
[23] By entering the house the appellant had shown absolute callousness to life
especially with so many people around in the house at that time. To use learned
counsel's words, "there was a Deepavali party at the house"; it was a miracle that
more people had not died. If committing suicide was his bizarre way of showing
his undying love for his wife surely he could have done it more successfully and
without interference outside the house?
[24] At p. 148 of the appeal records the appellant testified that when Komathi
embraced him he was totally drenched with petrol (Masa Komathi peluk saya
badan saya telah dipenuhi petrol). We found no truth in this admission. It was his
evidence that in the course of this dramatic incident that Sareswathy was also
drenched with the petrol. If the appellant had actually drenched himself with petrol
as alleged, and the deceased persons merely wanted to prevent him from
committing suicide, there was no reason for him to be alive whilst the good
samaritans were dead. In fact PPP Razali b. Ahmad (SP10) who visited the
deceased persons in Hospital, together with the Shah Alam Magistrate who came
along to remand the appellant, saw the latter in good health ("OYDT adalah okey
ie, tidak cedera").
[25] The next phase was the final step of striking the lighter. Any person of average
intelligence knows that petrol burns easily. Anyone drenched with petrol will
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