PUTRAJAYA, July 23 — The Court of Appeal here has reportedly reinstated the murder charge under Section 302 of the Penal Code for six former National Defence University of Malaysia (UPNM) students for causing the death of Navy Cadet Officer Zulfarhan Osman Zulkarnain, seven years ago.
Utusan Malaysia reported that the panel had rejected the conviction for causing death by negligence under Section 304(a) of the Penal Code and the 18-year prison sentences previously given by the High Court.
The three-judge panel comprised of Justices Datuk Hadhariah Syed Ismail, Mohamed Zaini Mazlan and Datuk Azmi Ariffin.
The six former students are Muhammad Akmal Zuhairi Azmal, Muhammad Azamuddin Mad Sofi, Muhammad Najib Mohd Razi, Muhammad Afif Najmudin Azahat, Mohamad Shobirin Sabri, and Abdoul Hakeem Mohd Ali.
The first five defendants were initially charged with murder under Section 302 of the Penal Code, which carries the mandatory death sentence upon conviction, while Abdoul Hakeem was charged with abetting the murder under Section 109 of the Penal Code, which carries the same penalty.
On November 2, 2021, the High Court sentenced all six of them to 18 years in prison after finding them guilty under Section 304(a) of the Penal Code of causing Zulfarhan’s death without the intent to kill him.
Section 304(a) of the Penal Code provides a prison sentence of up to 30 years and a fine, upon conviction, if the act is committed with intent to cause death.
They were charged with committing the offence in a room at the Asrama Jebat block, UPNM, between 4.45am and 5.45am on May 22, 2017.
Zulfarhan died at the Serdang Hospital on June 1, 2017.
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