Man escapes gallows for murder, breaks down on hearing his mom's death

PUTRAJAYA: A 33-year-old former security guard escaped the gallows after the Federal Court substituted his murder charge to one of unintentionally causing the death of a teenage boy, today broke down after he was told that his mother had died four years ago.

M.Thinagaran only learned about his mother's passing when his lawyer, T. Vijayandren informed the matter to a three-panel bench led by Datuk Seri Mohd Zawawi Salleh, who sat with Puan Seri Zaleha Yusof and Datuk Mary Lim Thiam Suan.

Earlier, Thinagaran as the appellant, appealed against his conviction and death sentence after being found guilty of killing a 17-year-old boy at a house in Taman Puchong Indah, Puchong at 9.30 pm on March 16, 2011.

Thinagaran was initially charged with murder under Section 302 of the Penal Code but at the end of the prosecution’s case, the charge against him was changed to committing culpable homicide not amounting to murder under Section 304 (b).

He was sentenced to five years’ jail after he pleaded guilty to the amended charge.

However, the Court of Appeal ordered the accused to enter his defence after allowing the prosecution's appeal.

At the end of the defence’s case, Thinagaran was found guilty of murdering the teenager and sentenced to death by the High Court.

Thinagaran then appealed and the Court of Appeal upheld the decision of the High Court.

Today, the Federal Court allowed his final appeal and amended the charge to Section 304 (a) which carries a jail term of up to 30 years and also liable to a fine.

Before the sentencing, Thinagaran in his mitigation told the court that he wanted to take care of his mother and Justice Mohd Zawawi then asked how old his mother was.

"My mother is 56 years old, Your Honour,” he replied.

Upon hearing his client's answer, Vijayandren rose from his chair and revealed that the appellant's mother had died in 2016, and Thinagaran was not informed about it by his family.

Thinagaran burst into tears and Mohd Zawawi said: "I am sorry to hear that."

The court then sentenced Thinagaran to 15 years’ jail and ordered that the sentence be from the date of his arrest, March 25, 2011.

After the proceeding, Thinagaran’s family members were seen approaching him and explaining something to him.

Counsel Vijayandren told the media that the family members hid the matter from the appellant because they feared that Thinagaran could not accept the fact as he was close to his mother.

-- BERNAMA