The Federal Court, however, sentenced K Premraj, 39, to 15 years in jail for culpable homicide not amounting to murder.

A three-member bench chaired by justice Vernon Ong said there was a misdirection by the trial judge (High Court) and the Court of Appeal in not considering the statutory defence available to the accused under Section 300 of the Penal Code.

Ong, who sat with justices Rhodzariah Bujang and Zabidin Diah then set aside the murder conviction and substituted it with culpable homicide not amounting to murder.

Defence counsel Afifuddin Ahmad Hafifi earlier submitted that the two courts had not considered the sudden fight in the heat of passion.

“There was also no premeditation on the part of the appellant to cause the death of his brother”, he added.

In late 2017, the Shah Alam High Court sentenced Premraj to death for the
murder of Prakash in front of the Avon building in Petaling Jaya at 11am on Nov 10, 2014. The Court of Appeal dismissed Premraj’s appeal in 2018.

According to the facts of the case, Prakash had bought a lorry for Premraj by taking a bank loan under his name.

Premraj failed to pay the monthly instalment and the deceased was blacklisted.

Intending to take the vehicle back, Prakash told a security guard at the Avon building, where the vehicle was parked and to not allow Premraj to remove it.

On the night of the incident, Premraj went to the premises to get the lorry and a quarrel took place between the brothers. In the ensuing scuffle, Premraj is said to have slashed the deceased twice with a parang, resulting in his death.

Deputy public prosecutor Leon Anak Saga prosecuted.