PUTRAJAYA: The Federal Court has set aside the murder convictions of two Pakistani nationals, replacing them with convictions for culpable homicide not amounting to murder.
A three-member bench led by Chief Judge of Malaya Tan Sri Hasnah Mohammed Hashim unanimously allowed the appeals by Mehmood Nasir, 48, and Muhammad Ramzan, 34.
The court sentenced each man to 18 years in prison, with sentences beginning from their arrest date on August 17, 2018.
Lawyers Ariff Azami Hussein and S. Jayananda Rao confirmed the court’s decision when contacted by Bernama.
Jayananda said the Federal Court found that ingredients under Section 300(c) of the Penal Code were not fulfilled.
He argued that both the High Court and Court of Appeal failed to analyse beyond reasonable doubt the ingredients of Section 300(c).
The lawyer urged the Federal Court to substitute the charge with Section 304(a) for culpable homicide not amounting to murder.
Mehmood and Muhammad Ramzan were initially charged with murdering compatriot Ali Adnan, 28, in a Selangor apartment room between August 15 and 16, 2018.
The High Court convicted both men of murder and sentenced them to death on April 7, 2023.
The Court of Appeal upheld the conviction but commuted the death sentence to 35 years prison with 12 strokes of the cane on June 21 last year.
According to case facts, the victim was allegedly kidnapped and held for ransom at the apartment.
Ali Adnan’s body was later discovered in a box at a separate location after Muhammad Ramzan’s statement to police.
A post-mortem revealed the victim died from blunt force trauma to the head.
Mehmood was represented by lawyers Ariff Azami and Azizzul Shariman Mat Yusoff at Federal Court proceedings.
Muhammad Ramzan was represented by Jayananda Rao, Datuk Wira Mohtaruddin Baki, and Kishan Ganesan.
Deputy Public Prosecutor Faizal@Amrin Noorhadi appeared for the prosecution. – Bernama