PUTRAJAYA: The Federal Court here has commuted the death sentence imposed on a father convicted of murdering his son to 40 years in prison and 12 strokes of the cane.
This followed a decision by a three-judge panel led by Chief Justice Tun Tengku Maimun Tuan Mat to allow an application under the Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of the Federal Court) Act 2023 by M. Murthy, 46.
"The court set aside the death penalty and replaced it with 40 years in prison and 12 strokes of the cane to be served from the date of arrest on Feb 9, 2007," said Tengku Maimun when delivering the unanimous decision on Thursday (Oct 10).
The other two judges are Court of Appeal president Tan Sri Abang Iskandar Abang Hashim and Federal Court Judge Datuk Nordin Hassan.
On Dec 17, 2010, the Shah Alam High Court sentenced Murthy to death for killing M. Ruthren, aged two years and nine months, in a house in Jalan Kapar, Sungai Klang, Klang near here at 4.15 pm on Jan 20, 2007.
His appeals to the Court of Appeal and the Federal Court were dismissed.
According to the facts of the case, the father of seven children had stepped on Ruthren's head until the boy turned blue because he could not stand the child's crying.
He then wrapped the child in a piece of cloth and stuffed him in a suitcase before leaving the house on a motorcycle.
Following investigations, it was found that Murthy threw the bag into a drain from where it flowed into the sea and was found by fishermen near Pulau Sembilan, Teluk Intan, Perak, a few months later.
Earlier, lawyer Abdul Rashid Ismail, representing Murthy, said his client suffered from a severe mental disorder, namely schizophrenia and major depressive disorder with psychotic features.
"We urge this court to consider alternative sentences that take into account the applicant's (Murthy) mental health needs, his capacity for reform and the interests of justice.
"The applicant's mental condition raises serious doubts about his level of culpability and his ability to fully comprehend the nature and consequences of his actions. No death sentence ought to be imposed on the applicant," he said.
Meanwhile, Deputy Public Prosecutor Solehah Noratikah Ismail objected to the application saying that the applicant suffered a mental disorder while serving his sentence, not when the incident occurred.
"The victim is his son and the incident happened witnessed by his other son," she said. – Bernama
