PUTRAJAYA – An Indian national was sentenced to 14 years in jail after he pleaded guilty to an amended charge at the Court of Appeal, to causing the death of his co-worker, four years ago.
A three-member panel comprising justices Datuk Seri Kamaludin Md Said, Datuk Nordin Hassan and Datuk Hashim Hamzah ordered S. Rajendran to begin his jail term from the date of his arrest on April 17, 2018.
This was after the prosecution accepted Rajendran’s representation to amend the charge from murder to culpable homicide not amounting to murder.
Rajendran, 55, was initially sentenced to death by the Temerloh High Court last year after he was found guilty of killing P. Ramunaidu, a labourer at an oil palm plantation, near a house in Simpang Kg Awah, Jalan Maran, Marah, Pahang between 11.10pm to 11.30pm on April 6, 2018.
In mitigation, his lawyer Datuk Baljit Singh Sidhu said the trend of sentencing for offences under Section 304 (a) of the Penal Code is between 12 to 20 years.
“Public interest would also be best served if the appellant (Rajendran) could be given an opportunity to turn over a new leaf and the time the appellant had spent behind bars since the date of his arrest, has given him a rehabilitative effect,” he said.
Baljit Singh submitted that his client, who was also working on the palm oil plantation, was being provoked by the deceased, adding that Rajendran has no previous conviction and was a first-time offender.
According to the facts of the case, Rajendran was asleep when the deceased pulled his leg which caused him to fall down from the bed. The deceased then assaulted him by slapping and hitting him and scolding him with offensive and provocative words.
Rajendran had begged the deceased to stop but was ignored by the deceased who then grabbed a metal bar and hit Rajendran’s head and chest. Rajendran then fought back and spontaneously slashed the deceased with a parang.
Deputy public prosecutor K. Mangai had asked the court to impose a jail term of between 15 to 18 years. – Bernama, October 5, 2022
