“The prosecution has proven its case beyond reasonable doubt that the accused committed murder,” said judge Yaacob Md Sam, who chaired a three-member bench.

He said the trial judge had misdirected himelf in law and fact when he amended the murder charge of Mohd Khaidhir Man to culpable homicide not amounting to murder at the close of the defence’s case.

Yaacob, who sat with Hadhariah Syed Ismail and Nordin Hassan, said deputy public prosecutor How May Ling had shown there was no sudden and grave provocation by the victim against Khaidhir, 29.

“There was also no defence of intoxication nor sudden fight,” he said, adding that the nature of the wound inflicted shown in a post mortem report revealed it was murder.

Yaacob said the bench therefore had to set aside the 20 year jail term for culpable homicide and restore the original murder charge that carried the death penalty.

The offence of culpable homicide carries a maximum jail term of 30 years and a fine.

At the High Court, Khaidhir and another homeless man, Abd Aziz Yeob Zabidi, 31, were jointly charged with the murder of Razali Mahmod in a room at Times Inn Hotel in Damansara Damai, Petaling Jaya about 9.45pm on Mar 11, 2016.

Trial judge Abdul Halim Aman acquitted Aziz without defence being called as the prosecution had failed to establish a prima facie case against him. The prosecution did not appeal.

Lawyer K A Ramu, who was assigned to represent Khaidhir, said his client had a final appeal in the Federal Court.

Fake or not? Check our quick fake news buster here.