By CHARANJEET KAUR
KUALA LUMPUR: Lawyer Datuk Balwant Singh was found not guilty by a High Court
yesterday of a charge of murdering a despatch rider in Bangsar last June.
Justice S. Augustine Paul said Balwant Singh had proved on a balance of probabilities
that he had acted in the exercise of the right of self-defence.
“It is my view that the accused did everything possible to pacify the aggression of the
deceased. Balwant Singh tried to explain matters to the deceased who was not
bothered to listen,” said Justice Paul, reading from his 99-page judgement.
Balwant Singh was facing a charge under Section
302 of the Penal Code of murdering Gobala
Krishnan, 33, at Jalan Maarof, Bangsar at 4.30pm
on June 7 last year.
Justice Paul said the action and behaviour of the
deceased (Gobala) was not only aggressive but
was that of a road bully who had no regard or
respect for the law.
SMILES OF RELIEF: Datuk Balwant “His conduct is comprehensible in the light of his
Singh with his wife, Datin Manjeet earlier detention for being involved with secret
Kaur, and their daughter Balrina
Kaur (partly hidden) outside the society activities followed by a period of restricted
Kuala Lumpur High Court residence.
Wednesday. He said he was 'sorry
for the life that has been lost.' -- “Even the motorcycle Gobala was riding on that
STARpic by ZUBIR YAHYA.
day had been reported as stolen,” he said.
Justice Paul, who read his decision at 9.45am, said Balwant Singh’s intention was to
incapacitate or maim the deceased but unfortunately the shot killed him.
“But it must be observed that the deceased was armed with only a stick while the
accused was armed with a gun which is a lethal weapon and that the injuries that he
had sustained were of a minor nature.
“However, the stick was not an ordinary twig. It was a thick branch and more than four
feet in length. It is big enough to cause a person’s skull or bones to crack if hit with it,”
he added.
Balwant Singh, who had kept his eyes closed during the proceedings, immediately
opened his eyes when the court announced his acquittal.
He then heaved a sigh of relief, walked over to his lawyers, thanked and hugged them.
When approached by reporters later, Deputy Public Prosecutor Zauyah Be Loth Khan,
who was assisted by Ahmad Bache, said the prosecution would be appealing against
the decision.
Balwant Singh was represented by Datuk Muhammad Shafee Abdullah, K.
Kumaraendran and Rabinder Singh.
When met outside the courtroom, Balwant Singh, 81, said he was “sorry for the life that
has been lost”.
“I would like to convey my sincere condolences to the family of the deceased. But I must
say that I, too, had undergone a traumatic period over the last 13 months.
“It has not been easy for me either,” he added almost in tears.
On his future plans, he said he is planning to go on a pilgrimage to India with his family.
Gobala’s wife A. Arokiam Mary, 29, said she was “feeling very sad”. When asked to
elaborate, she replied: “I do not want to say anything”, as she walked out of the
courthouse with her mother and sister.
Prior to the decision, Mary had said she hoped that Balwant Singh would not get the
death sentence as he was old.
Mary has filed a RM5mil civil suit against Balwant Singh on the grounds that he had
committed a wrongful act by shooting her husband.
