“IPOH: The homestay guest at a condominium who assaulted a 64-year-old security guard in December last year, who later died in August has been charged with murder. Ahmad Noor on Dec 29, last year between 8am and 9.30am on the 7th floor of Menara Majestic on Jalan C.M Yusoff here had murdered security guard S. Thava Sagayam.”
The Attorney-General’s Chambers has agreed to amend the current assault charge to murder. The 33-year-old suspect was previously charged under Section 335 of the Penal Code for voluntarily causing grievous hurt using a table at a condominium in Ipoh on 29 December 2020. The case was then reclassified as murder after the victim died on Friday, 27 August. Ahmad Noor was on Jan 6 charged under Section 335, and after Thava died at his house on Aug 27, there was a public outcry asking the police to charge the suspect for murder.
The post-mortem finding stated that he died due to sepsis, which was caused by an infection in his lungs. He had sustained injuries after he was assaulted by Ahmad Noor, and was brought to the Raja Permaisuri Bainun Hospital in a semi-conscious state.
Section 355 Penal Code:
355. Whoever assaults or uses criminal force to any person, intending thereby to dishonour that person, otherwise than on grave and sudden provocation given by that person, shall be punished with imprisonment for a term which may extend to two years or with fine or with both.
Section 320 Penal Code explained more about the concept of grievous. The following kinds of hurt only are designated as “grievous”:
(a) emasculation
(b) permanent privation of the sight of either eye
(c) permanent privation of the hearing of either ear
(d) privation of any member or joint
(e) destruction or permanent impairing of the powers of any member or joint
(f) permanent disfiguration of the head or face
(g) fracture or dislocation of a bone
(h) any hurt which endangers life, or which causes the sufferer to be, during the space of ten days, in severe bodily pain, or unable to follow his ordinary pursuits.
Section 302 Penal Code
302. Whoever commits murder shall be punished with death.
Section 302 is one of the most important sections of the Penal Code. The section provides punishment for the offence of Murder. Section 302 states that Whoever commits murder shall be punished with death or imprisonment for life, and shall also be liable to fine.”In other words, the Indian Penal Code prescribes only two kinds of punishment, death sentence and imprisonment for life, out of which one shall be imposed on the accused if found guilty of the crime and shall also be liable for fines if the court so deems necessary.
Definition of Murder
An act under Section 320 mentions the cases of culpable homicide that can be called as murder. Those cases are:-
- Act by which death is caused was done with intention of causing death.
Here action also includes intentional omission. Where a child was very ill and his family members refused to take him to the hospital for providing necessary treatment, as a result the child dies. Such a case shall be called as murder.
- Having intention to cause bodily injury which is likely to cause death
Here the offender has the intention to cause bodily harm and knowledge that by his act death will be caused. This clause may include those cases where the victim was suffering from a trauma or disease that the offender knew about and used it as an advantage by inflicting bodily injury which resulted in death of that person, what may not have caused death of a normal person.
- When injury is sufficient to cause death in the ordinary course of nature
For this clause the offender must have intention and would’ve caused a bodily injury that is sufficient enough to cause death to any other person in ordinary course of nature.
- Death caused in a sudden fight
For this exception, the death should be caused in a sudden fight without any premeditation due to the heat of a sudden quarrel. Keeping in mind the accused should not have crossed any line. It does not matter who started the fight, it just have to be with the person who got killed. Here the fight is between two or more persons, with or without weapons.