PUTRAJAYA, Oct 21 — The Federal Court today overturned the acquittal of two brothers from India for the murder of a couple, whose bodies were found stuffed in suitcases dumped in a drain at two different locations six years ago.
A three-judge panel led by Court of Appeal President Datuk Abu Bakar Jais convicted Sagar Sharma, 30, and his younger brother Shubham Sharma, 25, of the murders of Lim Ah Kee, 79, and Tan Siew Mee, 52.
They were sentenced to 32 years in prison with 12 strokes of the cane each. The court ordered them to serve the prison sentence from the date of their arrest on September 29, 2019.
Also on the bench were Federal Court judges Datuk Nordin Hassan and Tan Sri Ahmad Terrirudin Mohd Salleh, who unanimously allowed the prosecution's appeal to set aside the Court of Appeal’s previous decision to acquit the duo.
Delivering the court’s unanimous decision, Justice Abu Bakar said there was overwhelming circumstantial evidence to prove the involvement of the two brothers in the murders.
Sagar and Shubham, both former security guards, were initially convicted and sentenced to death by the Shah Alam High Court in November 2022 for the murders, which took place at a house in Jalan USJ21/10 between 8pm on August 23, 2019, and 3.20am the following day.
In November last year, the Court of Appeal overturned the High Court’s decision and acquitted the pair, which then prompted the prosecution to appeal to the Federal Court.
According to the case facts, Tan's body was discovered inside a suitcase by a telecommunications worker in a drain near the junction of Persiaran Klang and Persiaran Kuala Selangor, while Lim’s body, also concealed in a suitcase, was later found in a separate drain along Jalan Putra Bestari 2/5 in Putra Heights.
During today’s hearing, the prosecution, represented by Deputy Public Prosecutor Eyu Ghim Siang, argued that there was overwhelming circumstantial evidence pointing to the irresistible conclusion that the perpetrators of the murder were the two respondents.
He said both respondents were seen handling the suitcases later found to contain the victims’ bodies, and that they had been the only individuals living in the same house as the couple.
Lawyer Afifuddin Ahmad Hafifi, representing the brothers, defended the earlier acquittal, arguing that the prosecution’s case lacked sufficient evidence to convict his clients for murder.
