Zulfarhan Murder Case: 6 UPNM students are jailed for 18 years.
KUALA LUMPUR - Six Universiti Pertahanan Nasional Malaysia (UPNM) has been sentenced to 18 years in prison for the culpable homicide of marine cadet officer Zulfarhan Osman Zulkarnain four years ago.
The six are Muhammad Akmal Zuhairi Azmal, Muhammad Azamuddin Mod Sofi, Muhammad Najib Mohd Razi, Muhammad Afif Najmudin Azahat and Mohamad Shobirin Sabri and Abdoul Hakeem Mohd Ali.
They escaped the mandatory death sentence under Section 302 of the Penal Code after High Court judge Datuk Azman Abdullah did not find intent to murder although the prosecution had successfully proven that the accused caused grievous hurt to the victim by using a steam iron.
He said the offence committed by the UPNM cadet officers could only be regarded as manslaughter under Section 304 of the Penal Code and not murder, as classified under Section 302 of the Penal Code.
Section 302 carries a mandatory death sentence while 304 carries an imprisonment for a term which may extend to 30 years.
Meanwhile, Azman also sentenced the group - with the exception of Mohamad Shobirin - and 12 others to three years imprisonment for voluntarily causing hurt to Zulfarhan to extort a confession from him over a laptop theft. Shobirin was previously charged with the same offence but was acquitted of the charge at the end of the prosecution’s case.
The other 12 are Mohd Hafiz Fauzan Ismail, Mohamad Lukhmanul Hakim Mohd Zain, Ahmad Shafwan Berdal, Muhammad Amirul Asraff Mala, Luqman Hakim Shamsuri Agus, Muhammad Sufi Mohd Mustapha, Noriznan Izzairi Noor Azhar, Muhamad Ashraf Abdullah, Muhammad Danial Firdaus Azmir, Muhammad Hasif Ismail, Muhammad Adib Iman Fuan Adi Sany dan Mohamad Syazwan Musa. The High Court judge, during the result reading, said the sentence for both charges started simultaneously from June 1, 2017, the date of arrest.
Deputy public prosecutor Datin Kalmizah Salleh and N. Joy Jothi conducted the prosecution while the accused were represented by lawyers Amer Hamzah Arshad, Datuk Seri M. Ramachelam, Datuk Ranjit Singh Dhillon, Datuk Hazman Ahmad, Zamri Idrus, Fadly Hashim and Datuk Hazizah Kassim.
The students aged 25 had committed the offence at the Jebat Hostel Block, UPNM, between 2.30am and 5.30am on May 21, 2017, and in the same room between 1.30am and 4.30am on May 22, the same year.
Zulfarhan was found with burn marks and bruises in an apartment in Serdang on June 1, 2017 around 8pm and was pronounced dead at about 10pm at the Serdang Hospital.
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