PUTRAJAYA: The Court of Appeal on Thursday (Oct 23) upheld the 30-year prison sentence and 12 strokes of the cane imposed on Pakistani national Hashmat Khan for the murder of his wife, whose nude body was found covered with a piece of cloth at a food shop four years ago.
The three-member bench, comprising Justices Datuk Azmi Ariffin, Datuk Hayatul Akmal Abdul Aziz, and Datuk Meor Hashimi Abdul Hamid, dismissed Hashmat's appeal to reduce his sentence.
The court upheld the prison and whipping sentence previously imposed by the High Court.
Hashmat, who worked as a grass cutter, will serve his sentence starting from Oct 1, 2021, the date of his arrest.
Justice Azmi explained to the 30-year-old appellant that the sentence handed down by the High Court was the minimum prescribed by law and could not be further reduced.
He said the High Court Judicial Commissioner had two sentencing options: either the death penalty or imprisonment for no less than 30 years with a minimum of 12 strokes of whipping.
Hashmat's counsel, Azamuddin Abd Aziz, informed the court that, despite being advised on the minimum sentencing, Hashmat wished to proceed with his appeal against the sentence.
Through an interpreter, Hashmat personally requested a lighter sentence, citing his role as the sole provider for his elderly and ailing parents in Pakistan, and expressing remorse for his actions.
Deputy Public Prosecutor Tetralina Ahmed Fauzi said Hashmat should be grateful, as the High Court had refrained from imposing a more severe punishment.
She pointed out that the deceased suffered 27 incised wounds to her neck, with slashing being the cause of death.
Under Section 302 of the Penal Code, the punishment for murder can either be the death penalty or a prison sentence of no less than 30 years, with a maximum of 40 years. If the death penalty is not imposed, the offender is also sentenced to a minimum of 12 strokes of whipping.
On Feb 20 this year, the High Court sentenced Hashmat to 30 years in prison and 12 strokes of the cane after he pleaded guilty to the murder of his 41-year-old Indonesian wife, Juli, at a food shop in Bandar Rinching, Hulu Langat, Selangor, between Sept 25 and Sept 28, 2021.
Police investigations revealed that the motive for the murder stemmed from a quarrel triggered by jealousy after Hashmat discovered that his wife was having an affair. - Bernama
