rayuan jenayah no:q-05-49-04 between empati anak mat

already in police custody when PW24 received the anonymous
call on 21.8.1998, about an iban father with a son with a
disfigured lip, making enquiries from a teacher about what the
punishment could be if his son had mistakenly shot someone. It
was this information that led to the arrest of the accused and to
the subsequent cautioned statement given by the accused.
On the above issue the learned trial judge in his judgment
said that, the accused led the police party to the 2 nd room
occupied by his parents in Rumah Jugah and retrieved three
cartridges, two of which spent (P9(a) and P10(a)). The
accused told the police party that of the two cartridges, he had
used the rusty cartridge (P9(a)) to shoot the deceased. Both
exhibits were sent to the Chemistry Department at Kuching for
examination. The evidence of the Chemist (PW2), confirmed
that P9(a) and P10(a) were fired from P11(a). PW2 also
testified that the two pellets (which were sent to him in a bottle
in envelope (E2)) were shot gun pellets of shot size ‘SG’.
PW22 testified that he recovered these two pellets from the
deceased’s chest during the autopsy. I also feel that this is a
finding of facts by the learned trial judge.
Regarding the anonymous call which PW24 received, the
learned trial judge said it was not possible for the prosecution to
produce the caller as a witness. The prosecution did not seek to
12