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DALAM MAHKAMAH RAYUAN MALAYSIA (BIDANG KUASA ...

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17<br />

[32] The appellant testified that while he was talking to SD3 for about<br />

an hour at the Kuala Pilah Bazaar Ramadan, the deceased came and<br />

handed to the appellant, the appellant’s hand phone. The deceased told<br />

the appellant that there was a text in the form of Short Message Service<br />

(SMS) on the appellant’s hand phone. Upon checking, the appellant found<br />

that it was the appellant’s wife who had sent the SMS text enquiring<br />

whether he had returned to Kuala Lumpur and if so why they did not meet<br />

one another on the road. According to the appellant, he then asked the<br />

deceased where the GEN-2 motorcar was parked because his pistol was<br />

inside the said motorcar. The deceased did not reply but instead handed to<br />

the appellant the keys to the GEN-2 motorcar. According to the appellant,<br />

when his wife sent him the SMS text, he has yet to buy anything at the<br />

Kuala Pilah Bazaar Ramadan.<br />

[33] The appellant testified that perhaps someone else had used his<br />

Styer pistol because the chemist report stated that the deoxyribonucleic<br />

acid (DNA) of an unknown male other than the appellant or the deceased<br />

was recovered from the GEN-2 motorcar. The appellant also said that the<br />

Styer pistol was used by someone else because the keys to the GEN-2<br />

motorcar were left with the deceased at the Kuala Pilah Bazaar Ramadan.

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