SHAH ALAM: The High Court here today discharged and acquitted a father of the charge of murdering his son three years ago.
Judicial Commissioner Dr Hazlina Hussain freed 75-year-old S. Krisman after ruling that the defence had successfully raised reasonable doubt at the end of its case.
Krisman was accused of killing his son, K. Apacnaidu, 37, at a house on Jalan Kemudi, Taman Bernam Jaya, Ulu Bernam, between 11 am and 11.30 am on Nov 3, 2021.
He had been charged under Section 302 of the Penal Code, which carries the death penalty upon conviction.
In her judgement, Hazlina noted that while the prosecution presented circumstantial evidence and relied on the 'last seen theory' to establish the case, there were no eyewitnesses to the crime.
"The accused’s DNA (deoxyribonucleic acid) was not found on the knife, and the court identified two different DNA samples at the scene.
"Based on the evidence from both the prosecution and defence, the court finds that the prosecution had failed to prove the charge against the accused. Therefore, he is discharged and acquitted,” Hazlina said.
During the trial, which began on Nov 23 last year, nine prosecution witnesses and four defence witnesses, including the accused, testified.
On June 12, the court ordered Krisman to enter his defence after ruling that the prosecution had established a prima facie case at the close of its case.
Krisman was represented by lawyers Dr Vasu Appu and Jenifer Irithisamy, while Deputy Public Prosecutor Tengku Intan Suraya Tengku Ismail led the prosecution. - Bernama
