PUTRAJAYA: Two friends convicted of the murder of a man will spend 35 years in prison after the Federal Court on Thursday (Nov 12) dismissed their final appeals to set aside their convictions and sentences.
A three-member bench chaired by Justice Rhodzariah Bujang, sitting with Justices Ahmad Terrirudin Mohd Salleh and Azmi Ariffin, dismissed the appeals brought by S. Arumugam, 38, and R. Ramesh, 37.
The Court of Appeal's decision imposing 12 strokes of the cane on each man was also upheld.
Delivering the decision, Justice Rhodzariah said the court found no error of law or fact in the High Court and Court of Appeal's decisions in convicting the two men.
Justice Rhodzariah ruled that the evidence of three prosecution witnesses, corroborated by medical evidence, established the guilt of both appellants beyond reasonable doubt.
She also found no basis to interfere with the sentences imposed by the Court of Appeal.
She noted that the seriousness of the offence, the prolonged assault on the deceased, the 21 fatal stab wounds and the subsequent disposal of the body justified the substantial punishment.
"The sentences of 35 years' imprisonment and 12 strokes of the cane imposed on each appellant are lawful, proportionate and not manifestly excessive," she said.
On Sept 8, 2023, the High Court found both men guilty of the murder of K. Muthu Kumar, 48, at a disused cement factory in Batu 4 Segari, Manjung, Perak at 3.10am on Oct 8, 2018. They were sentenced to death.
On Feb 18 last year, the Court of Appeal dismissed their conviction appeal but allowed their appeal against the death sentence, commuting it to 35 years' imprisonment and 12 strokes of the cane.
According to the facts of the case, the motive for the murder is said to have stemmed from a dispute over drug sale proceeds of about RM200, which was allegedly missing while in the deceased's possession.
The deceased was taken to an abandoned factory, tied up with nylon rope and repeatedly beaten, kicked and assaulted by the two men.
They also stabbed him 21 times in the abdomen and then threw his body into a disused mining pool.
Deputy public prosecutor Allan Suman Pillai appeared for the prosecution.
Ramesh was represented by lawyer Arik Zakri Abdul Kadir, while lawyers Datuk Rajpal Singh and Siti Anis Che Ab Wahab appeared for Arumugam. - Bernama
