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By Dorcas Ting
KUCHING, Sept 20: A local man has escaped the gallows after the Federal Court here today commuted his death sentence to 33-years in prison for the murder of his 25-year-old girlfriend.
The Federal Court three-judge panel consisting of Tan Sri Abang Iskandar Abang Hashim, Datuk Rhozariah Bujang, and Datuk Nordin Hassan, also ordered Salman Kassim, 31, to receive 12 strokes of the cane.
The court ruled that the appellant must serve his prison term effective from the date of his arrest on March 24, 2017.
This decision comes following amendments to Section 302 of the Penal Code, in which the court agreed with the appellant’s counsel, CM Sundram, who argued that the death penalty should be commuted to a prison term based on mitigation and the circumstances of the case.
“We are setting aside the death penalty and replacing it with a 33-year prison term from the date of arrest, and he will also receive 12 strokes of the cane,” said Abang Iskandar.
On June 10, 2020, the High Court of Kuching found Salman guilty and sentenced him to death for the murder of the female victim in a rented room on Jalan Penrissen, between 1.30 am and 3.30 am on March 24, 2017.
From the post mortem report tendered, the accused stabbed the deceased three times at the neck of the deceased which caused her death. All in all, the deceased suffered 11 injuries which included the three stab wounds to the neck.
It is reported that the victim, Sindan Atom, 24, was found dead at the scene with multiple stab wounds on her body.
Based on the facts of the case, the appellant was arrested after confessing to stabbing his girlfriend, who worked as a shop assistant in a commercial center at Batu 4.
The prosecution in the case was handled by Deputy Public Prosecutor Mangaiarkarasi Krishnan, while the appellant was represented by court-appointed counsel C.M. Sundram. — DayakDaily