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Eling Jambun escaped the gallows after the federal court here reduced the charge against him.
He was convicted and sentenced to death by Sibu High Court on May 21, 2016. The Court of Appeal then affirmed the conviction and sentence.
He was found guilty of murdering Uyang Jubang, by the roadside of Camp Street, Kapit between 4pm and 5 pm on Nov 20, 2013.
He was charged under Section 302 of the Penal Code, which carries a mandatory death sentence, upon conviction.
A five-men bench led by Chief Justice of Malaysia Tan Sri Datuk Seri Utama Tengku Maimun Tuan Mat allowed the appellant’s appeal. The Federal Court set aside the conviction and substituted the charge under Section 304(a) (culpable homicide not amounting to murder) of the Penal Code, which carries imprisonment up to 30 years and liable to a fine, upon conviction.
The appellant was sentenced to 17 years’ imprisonment from the date of arrest.
The appellant is represented by Counsel Wilfred Yap whereas DPP Datuk Nik Suhaimi Nik Sulaiman appeared for the prosecution. —DayakDaily