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Nepalese Man Escapes The Gallows For Murder, But Gets 10 Years For Culpable Homicide
High Court judge Datuk Abdul Halim Aman convicted Subir Gole, 27, under Section 304 (b) of the Penal Code after taking into account the situation in the case.
He ordered Gole, who worked at a bakery when the offence was committed, to serve the sentence from the date of arrest, on Sept 6, 2012.
"After hearing the evidence of 15 prosecution witnesses, taking into consideration the defence and studying the documents and exhibits, I hereby ruled that at the end of the defence case, the defence has succeeded in raising reasonable doubts.
"Therefore, Section 302 of the Penal Code cannot be is untenable and after studying the scenario, the death of the deceased was a result of provocation contributed by the deceased herself," he added.
Abdul Halim said based on evidence and testimony by witnesses, there was pressure on the accused after being provoked, psychologically and physically, by the female supervisor during the four months of his employment.
Besides being insulted, ill-treated and mocked on his origins, the accused was also not allowed to take leave as promised, he added.
He said the court found that the accused had committed the offence unintentionally and deceased died 15 hours after being stabbed with a knife.
"The accused should be grateful that the charge had been reduced and to take it as a lesson," he added.
Gole was charged under Section 302 of the Penal Code for the murder of Tan Ai Ping, 28, at the Ming Ang Bakery House, Jalan Sutera 3, Taman Sentosa here on Sept 6, 2012.
Prosecution was conducted by deputy public prosecutor Rahimah Abdul Majid, while Gole was represented by lawyer K.Segaran.
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