Zulkifli allegedly stabbed two men who tried to rob him at his house in Kerteh, Terengganu, earlier this month. One of the men died at the scene....and now, he is being charged for murder - which on conviction carries the mandatory death penalty.
304 Punishment for culpable homicide not amounting to murder
Whoever commits culpable homicide not amounting to murder shall be punished-
(a) with imprisonment for a term which may extend to thirty years, and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death; or
(b) with imprisonment for a term which may extend to ten years or with fine or with both, if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death.
304A Causing death by negligenceWhoever causes the death of any person, by doing any rash or negligence act not amounting to culpable homicide, shall be punished with imprisonment for a term which may extend to two years or with fine or with both.
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The campaign includes an online petition with more than 800 supporters and a Facebook page named “Selamatkan Zulkifli” created by Parti Sosialis Malaysia (PSM) Youth central committee member, Nik Aziz Afiq Abdul, which has obtained almost 55,000 “likes”.
“The page is set up to garner sympathy for Zulkifli's family. We will launch a fund to pay for his family's expenses,” he told Malay Mail Online.
Nik Aziz explained that 50-year-old Mohamad Zulkifli Ismail allegedly stabbed two men who were trying to rob him at his house in Kampung Labohan, in Kerteh, Terengganu, on December 7, claiming self defence.
One of the men died on the scene.
Zulkifli was then arrested and remanded until December 21. The case was investigated under Section 302 of the Penal Code that covers murder.
“The case was then changed to [Section] 304. He was allowed to be bailed for RM15,000 but his family did not have the funds and only bailed him out the next day,” Nik Aziz explained. Section 304 pertains to causing death by negligence.
But he said that when the case was heard in court on December 27, the prosecution team switched the charge to Section 302 and added another under Section 326 for causing grievous bodily harm.
Murder is a non-bailable offence and carries a mandatory death sentence upon conviction.
The next trial date is on January 24 and Zulkifli is now being held at the Marang prison, Nik Aziz said.
Zulkifli has three children, with the oldest 9, followed by an 8-year-old who is autistic, and a 3-year-old.
His detention has also prevented his family from operating a restaurant near their home that is their main source of income.