Pendakwa Raya v Ragunathan a/l Selvamani & Ors

Appellant(s):

• Pendakwa Raya
• [Jabatan Peguam Negara]

Respondent(s): Ragunathan A/L Selvamani

• YA Dato' Ahmad Zaidi Bin Ibrahim
• YA Datuk Mohamed Zaini Bin Mazlan
• YA Datuk Noorin binti Badaruddin

• The three accused persons were jointly charged with murder under section 302 of the Penal Code (PC) read with section 34 PC.
• At the close of the prosecution's case, the High Court found that a prima facie case for murder was not established, but a prima facie case for culpable homicide not amounting to murder under section 304(a) PC was proven.
• Consequently, the High Court amended the charge to section 304(a) PC and ordered the accused persons to enter their defence on the amended charge. The Public Prosecutor appealed this decision.

• Whether the Public Prosecutor's appeal against the High Court's decision to amend the charge and call for defence on a lesser offence was premature.
• Whether the High Court erred in its finding that the element of intent for murder under section 302 PC had not been proven at the close of the prosecution's case.
• Whether a prima facie case for the original murder charge under section 302 PC had been successfully established by the prosecution.

• The Court of Appeal dismissed the preliminary objection regarding the prematurity of the appeal, holding that the High Court's decision to call for defence on a reduced charge effectively acquitted the accused persons of the original charge, making it a final and appealable order for the prosecution.
• The Court found that the High Court had erred in fact and law by concluding that the element of intent for murder was not proven, despite overwhelming evidence presented by the prosecution.
• The Court allowed the Public Prosecutor's appeal, set aside the High Court's order, and directed the accused persons to enter their defence on the original charge of murder under section 302 PC, finding that a prima facie case had been established.