
A three-member bench chaired by Chief Justice Tengku Maimun Tuan Mat also ordered A Murugan to begin serving his jail term from Oct 21, 2009.
Murugan, who recently turned 50, was spared the minimum of 12 strokes of the cane for killing Muntik Bani.
Justices Abang Iskandar Abang Hashim and Nordin Hassan were the other judges hearing the matter, which came before the apex court following the abolition of the mandatory death penalty last year.
Murugan’s case was brought up under the Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of the Federal Court) Act 2023.
The court had the discretion to impose a jail term ranging from 30 to 40 years, depending on the gravity of the offence and mitigating factors.
Lawyer Sangeet Kaur Deo urged the bench to impose a jail term of between 35 and 40 years instead of the death sentence, saying Murugan had health issues such as indigestion that made it difficult for him to consume food.
“The applicant was in a coma for six months following a surgery that took place while he was in prison,” she said.
Sangeet said Murugan, who is now on medication, had been in a state of depression from the fear of facing the death penalty.
She said that her client had been reformed and rehabilitated after spending nearly 15 years in prison and should be allowed to return to his family and reintegrate with society.
Murugan committed the offence at his house in Taman Sentosa, Klang, Selangor, between Oct 18 and Oct 20, 2009.
Deputy public prosecutor How May Ling submitted that the court must consider the nature and gravity of the offence, as well as public interest and the impact on the victim’s family and the broader public.
“Public interest calls for a deterrent sentence. Based on the nature of the offence, it is necessary to send a clear signal to signify the abhorrence of such crimes by society,” she said.
Facts revealed that a friend of Murugan’s wife came to visit, but discovered the injured Muntik in one of the house’s toilets on Oct 20.
Police came to the house and called an ambulance which took her to a government hospital, where she died on Oct 26.
“During the ambulance ride to the hospital, the victim informed a paramedic that her ’employer’ had beaten her,” How said, adding that the death penalty should be maintained.
The victim also disclosed to another witness at the hospital that Murugan had repeatedly hit her with a wooden stick, and punched and kicked her in the stomach, back and face when she was working for two months.
Murugan also shaved her head and splashed her with hot water before locking her in the toilet.
A forensic pathologist testified that the victim’s cause of death was spinal injury by blunt force trauma, bacterial infection and septicemia of the right leg.