336:
witnesses", and they did not believe
Vijayan's story. The judges accepted the arguments of DPP Ang that there was no chopper attack or assault initiated by Murthi prior to the stabbing, and hence his claims of self-defence were not to be believed. Additionally, the judges took issue with the other defence of sudden and grave provocation, finding that Vijayan was not provoked and had not lost his self-control at the time of the murder, given the fact that Murthi's words did not amount to provocative remarks and taking into consideration Murthi's state of intoxication at the material time, it was clear that Vijayan wanted to take this opportunity to finish off Murthi once and for all; this was corroborated by Vijayan's decision to grab ahold of the chopper, which showed that he intended to murder Murthi.
371:- dismissed the appeal on the grounds that the defence of sudden and grave provocation was untenable in light of Vijayan's disproportionate violence to the provocation given by Murthi in his drunken state. They also referred to precedent court cases from India and cited that based on the "reasonable man test", any person belonging to the same class of society as Vijayan would not have become so provoked as to lose his self-control in similar situations or mental backgrounds like Vijayan's, which was also the reason behind the dismissal of Vijayan's appeal. Vijayan was defended by veteran lawyer and opposition politician
324:
forward, Murthi began to shout repeatedly while in a drunken state, and he allegedly said, "Who has given houses to
Malaysians?" when he asked who Vijayan's girlfriend was, and he also challenged him to a fight. According to the witnesses present at the scene, Vijayan went to grab a meat chopper from his house and he attacked Murthi, and gave chase after Murthi. By the time they reached Kampong Kapor community centre, Vijayan had stabbed Murthi 11 times, causing Murthi's death. Vijayan was arrested on the scene for the murder, and many witnesses identified him as the perpetrator.
440:, who was charged with the double murder of Mohamed Johar Selamat and Mohd Said Abdul Majid in 1989. His defence of sudden and grave provocation was rejected in accordance to the facts laid out by the Vijayan case, as Ithinin's actions of stabbing both Mohamed Johar and Mohd Said to death were out of proportion to the alleged verbal abuse he received from the victims, and his defence of sudden and grave provocation thus failed. Ithinin was therefore convicted and given two death sentences for the double murder in 1992, and he was put to death after losing his appeal in 1993.
332:
assaulted him and wanted to use a chopper to use on
Vijayan, and Subramaniam also came to beat him. Vijayan claimed that he was angered at Murthi's actions and abuse, and a struggle therefore ensued between him and Murthi, and the chopper fell onto the ground. Vijayan testified that he quickly retrieved the chopper before Murthi could do so, and attacked him using the chopper. Vijayan denied that he intentionally murdered Murthi, and he summarily insisted that he killed Murthi in a moment of uncontrollable anger and instinctively out of self-defence.
328:
Subramaniam. The defence also suggested to
Subramaniam that Murthi had assaulted and continually abused Vijayan, and Subramaniam had taken part in the assault, and these were likewise denied by Subramaniam. The prosecution later re-examined Subramaniam, who stated that Murthi was clearly drunk from the onset and it would have been apparent to anyone else at the scene. At one point while making his testimony, Subramaniam was feeling unwell and another witness had to take his place to testify in court.
448:
claiming she was happier with another man were done due to loss of self-control, based on the mental background where Kwan shared a de facto husband-wife relationship with Phang despite not being officially married, and his defence of sudden and grave provocation was accepted. The
Vijayan case and several others (including Ithinin) were recalled among the iconic cases of a murder suspect raising a defence of sudden and grave provocation in court against the murder charge.
117:, was arrested and charged with murder. Vijayan put up a defence that he was gravely provoked into using a chopper to inflict 11 stab wounds on Murthi, causing Murthi's death. However, the defence was rejected on the grounds that Vijayan had intentionally killed Murthi and was not provoked into killing Murthi, and Vijayan was found guilty of murdering Murthi and
319:
threats against the other party and his friends. A man named
Mutayan, who was threatened by Vijayan, decided to seek the help of Murthi to help bury the hatchet between the parties involved in the dispute. Subramaniam Gopal, Murthi's friend who was present with him at the time of the murder, testified that he and Murthi went together to the house in
141:, a senior forensic pathologist, conducted an autopsy on the victim, and he found that Murthi sustained a total of 11 stab wounds on his body, and one of them penetrated the heart while another had cut through the right lung; both these injuries were sufficient in the ordinary course of nature to cause death.
331:
Vijayan's main defences were sudden and grave provocation and self-defence. After he opted to enter his defence, Vijayan testified that Murthi approached him and threatened that he would kill him since he had previously murdered people before, and aside from verbally abusing
Vijayan, Murthi allegedly
318:
The trial court was told that one night in
December, just days prior to the murder, there was a dispute between two roommates living at a Serangoon rental flat, caused by the two men kicking each other while sleeping. It evolved into an argument, and Vijayan, who knew one of the roommates, had made
327:
During
Subramaniam's time on the stand, the defence subjected him to a severe cross-examination and brought forward their contention that Murthi had, in fact, attacked Vijayan with a chopper and Vijayan acted in self-defence by disarming Murthi and used the chopper to kill him, which was denied by
447:
case, where it pertained to a man charged with the murder of his girlfriend, Phang Ai Looi. The ruling, which sentenced Kwan to life imprisonment for manslaughter, stated that per the "reasonable man test", Kwan's actions of killing Phang in an uncontrollable rage due to Phang insulting him and
323:
to look for
Vijayan, hoping to resolve the matter, and he added that Murthi was intoxicated by alcohol when he made the request. Upon the duo's arrival at Vijayan's house, Murthi and Vijayan shook hands after they came to an agreement to resolve the matter. However, based on the facts brought
335:
On 26 November 1974, the trial judges - Justice A V Winslow and Justice T Kulasekaram - delivered their verdict, with Justice Winslow pronouncing the decision in court. Justice Winslow stated that the judges unanimously considered Subramaniam and many other prosecution witnesses as "truthful
339:
Based on the above findings, the trial court decided that there were sufficient grounds to return with a guilty verdict of murder in Vijayan's case. Therefore, 21-year-old K. Vijayan Krishnan was found guilty of murder, and sentenced to death by
133:
community centre, and a youth was arrested for the stabbing, which was classified as murder. The motive for the stabbing was not known at that point of time, and police investigations were conducted to find out the reason behind the killing.
144:
On 23 December 1973, the suspect, a 21-year-old Malaysian whose name was K. Vijayan Krishnan, was charged with murder under the name "Sukumaran Krishnan". Prior to the murder, Vijayan came from the Malaysian state of
402:
descent, was convicted of killing his lover Alice Ong in 1974. Pehn and Belleza were both hanged since then; Pehn was executed on 16 April 1976 while Belleza's date of execution was unknown.
1193:
1183:
121:
in November 1974. Vijayan's execution was carried out on 30 April 1976, after the higher courts rejected Vijayan's appeals and confirmed his death sentence.
1178:
383:
398:
against their death sentences. Pehn, a seaman, was found guilty of murdering a vegetable seller Tan Eng Kim in 1973 while Belleza, a mechanic of
113:
was stabbed to death by a Malaysian labourer after he sought to resolve a previous dispute between the killer and Murthi's friend. The murderer,
1173:
1198:
433:
In the aftermath of Vijayan's execution, his case became a precedent case study with regards to the defence of sudden and grave provocation.
1188:
1163:
137:
The victim was identified as 24-year-old Ahora Murthi Krishnasamy, who worked as a crane driver at the time of his death. Professor
311:
for the murder of Ahora Murthi Krishnasamy. Defence lawyer Ng Kong Yeam represented Vijayan, while Deputy Public Prosecutor (DPP)
457:
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118:
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1103:
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603:
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531:
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1056:
357:
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855:
819:
729:
693:
513:
477:
315:
led the prosecution, and the trial was presided over by two judges - Justice T Kulasekaram and Justice A V Winslow.
1017:
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130:
106:
58:
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150:
395:
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219:
372:
44:
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Vijayan's case had an effect on other murder cases in Singapore. Notably, in the case of
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422:
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390:. Similarly, on the same day, the Privy Council also rejected the appeals of both
361:
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In a final bid to escape the gallows, Vijayan petitioned for clemency from the
273:
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129:
On the night of 21 December 1973, a young man was stabbed to death outside a
443:
In 1998, Vijayan's case was recalled in light of the landmark ruling of the
399:
208:
81:
62:
190:
382:
On 18 December 1975, Vijayan's second legal appeal was rejected by the
341:
307:
On 11 November 1974, K. Vijayan Krishnan officially stood trial at the
387:
353:
186:
146:
360:. The appellate court's three judges - Supreme Court judges
149:, and he worked as a labourer. He was later remanded at the
153:
for further investigations after his indictment in court.
1122:"WERE THEY PROVOKED?: How the court ruled in three cases"
910:"Condemned 3 refused leave to appeal to Privy Council"
409:
in February 1976. However, his death sentence was not
1140:"Man escapes gallows, gets life for killing ex-lover"
291:
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87:
77:
69:
51:
28:
21:
1086:"Former seaman found guilty, gets death sentence"
676:"Victim rushed at me, says murder case accused"
658:"Court is told of 'I can kill you too' threat"
622:"Murder accused was hit with chopper: Counsel"
8:
946:"Hukuman mati: Majlis Privy di London tolak"
109:community centre, 24-year-old crane driver
160:
18:
784:"Man to die for chopper murder of driver"
694:"起重机司机遇害案被告答辩曾执菜刀攻击死者拳殴脚踢直至倒地今日将续受主控官盘问"
568:"Kicks in the night led to slaying: DPP"
514:"兩名房客起爭執雙方朋友竟成仇高庭審印籍雜工涉嫌謀殺案控方指被吿以菜刀刺殺死者"
1053:K. Vijayan Krishnan v Public Prosecutor
604:"Alleged killer pointed out at parades"
469:
73:Fatal stab wounds to the heart and lung
1069:Ithinin bin Kamari v Public Prosecutor
856:"謀杀起重机司机判死刑被告要求推翻原判三司會審駁囘上訴判詞將于日後始行公佈"
496:"Youth slain outside community centre"
16:1973 murder of a mediator in Singapore
7:
1194:20th-century executions by Singapore
1184:Malaysian people convicted of murder
1036:"Buruh menemui maut menjelang subuh"
640:"Witness in a faint at murder trial"
586:"Witness tells of dare by dead man"
375:, while the prosecution was led by
838:"Court rejects murder case appeal"
748:"I was angry, says murder accused"
421:K. Vijayan Krishnan was hanged in
413:due to the rejection of his plea.
14:
1179:Deaths by stabbing in Singapore
982:"Condemned men plead for mercy"
934:(in Chinese). 19 December 1975.
826:(in Chinese). 27 November 1974.
808:(in Chinese). 27 November 1974.
772:(in Chinese). 27 November 1974.
736:(in Chinese). 22 November 1974.
718:(in Chinese). 22 November 1974.
700:(in Chinese). 22 November 1974.
556:(in Chinese). 23 December 1973.
520:(in Chinese). 12 November 1974.
458:Capital punishment in Singapore
105:On 21 December 1973, nearby a
1:
1174:Deaths by person in Singapore
952:(in Malay). 19 December 1975.
178:
36:
1199:Violence against men in Asia
970:(in Chinese). 16 April 1976.
928:"兩名死囚向樞密院上訴全部都遭駁囘最後希望爲待總統特赦"
880:(in Chinese). 23 April 1975.
862:(in Chinese). 23 April 1975.
352:On 22 April 1975, Vijayan's
33:Ahora Murthi s/o Krishnasamy
730:"吊秤車司機被殺血案 被吿昨繼續答辯 否認係蓄意謀殺"
379:during the appeal session.
1215:
1189:Singaporean murder victims
425:at dawn on 30 April 1976.
55:21 December 1973 (aged 24)
1164:1973 murders in Singapore
1024:(in Chinese). 1 May 1976.
874:"刺斃吊称車司机死囚 高庭駁回上訴 維持絞刑原判"
532:"Man charged with murder"
484:(in Chinese). 1 May 1976.
301:
259:
932:南洋商报 (Nanyang Siang Pau)
860:南洋商报 (Nanyang Siang Pau)
770:南洋商报 (Nanyang Siang Pau)
698:南洋商报 (Nanyang Siang Pau)
554:南洋商报 (Nanyang Siang Pau)
518:南洋商报 (Nanyang Siang Pau)
482:南洋商报 (Nanyang Siang Pau)
111:Ahora Murthi Krishnasamy
23:Ahora Murthi Krishnasamy
1042:(in Malay). 1 May 1976.
1022:星洲日报 (Sin Chew Jit Poh)
1000:"Killer hanged at dawn"
968:星洲日报 (Sin Chew Jit Poh)
878:星洲日报 (Sin Chew Jit Poh)
806:星洲日报 (Sin Chew Jit Poh)
766:"遭控謀殺起重司機案被告罪名成立法官判處絞刑"
716:星洲日报 (Sin Chew Jit Poh)
201:30 April 1976 (aged 24)
175:K. Vijayan s/o Krishnan
151:Central Police Division
824:新明日报 (Xin Ming Ri Bao)
734:新明日报 (Xin Ming Ri Bao)
407:President of Singapore
1104:"When words can kill"
892:"'No' to doomed trio"
396:Jorge Belardo Belleza
356:was dismissed by the
1169:Capital murder cases
802:"吊秤車司機被刺喪生 印籍散工判处絞刑"
364:and Tan Ah Tah, and
220:Execution by hanging
988:. 12 February 1976.
916:. 19 December 1975.
898:. 18 December 1975.
790:. 27 November 1974.
754:. 23 November 1974.
682:. 22 November 1974.
664:. 21 November 1974.
646:. 15 November 1974.
628:. 19 November 1974.
610:. 13 November 1974.
592:. 26 November 1974.
574:. 12 November 1974.
538:. 23 December 1973.
502:. 22 December 1973.
373:David Saul Marshall
267:Alleged provocation
216:Cause of death
165:K. Vijayan Krishnan
115:K. Vijayan Krishnan
70:Cause of death
45:Colony of Singapore
1146:. 20 January 1998.
1092:. 10 January 1992.
712:"吊秤车司机遭杀害案 被吿繼續答辯"
478:"謀殺吊秤車駕駛員印籍靑年昨上絞台"
287:Murder (one count)
279:Murder (one count)
239:Sukumaran Krishnan
119:sentenced to death
1144:The Straits Times
1126:The Straits Times
1108:The Straits Times
1090:The Straits Times
914:The Straits Times
842:The Straits Times
820:"衛德路命案審畢 被告被判處死刑"
788:The Straits Times
752:The Straits Times
680:The Straits Times
662:The Straits Times
644:The Straits Times
626:The Straits Times
608:The Straits Times
590:The Straits Times
572:The Straits Times
536:The Straits Times
500:The Straits Times
305:
304:
247:Labourer (former)
103:
102:
1206:
1148:
1147:
1136:
1130:
1129:
1128:. 29 March 1998.
1118:
1112:
1111:
1110:. 29 March 1998.
1100:
1094:
1093:
1082:
1076:
1066:
1060:
1050:
1044:
1043:
1032:
1026:
1025:
1014:
1008:
1007:
1006:. 30 April 1976.
996:
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960:
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845:
844:. 23 April 1975.
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236:Other names
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1073:Court of Appeal
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1057:Court of Appeal
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964:"為復仇而殺人 死囚昨晨正法"
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358:Court of Appeal
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284:Criminal charge
272:
252:Criminal status
211:
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139:Chao Tzee Cheng
127:
65:
56:
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24:
17:
12:
11:
5:
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559:
550:"印人涉嫌謀殺案展下週過堂"
541:
523:
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487:
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465:
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460:
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445:Kwan Cin Cheng
438:Ithinin Kamari
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348:Appeal process
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125:Fatal stabbing
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1040:Berita Harian
1037:
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1028:
1023:
1019:
1018:"卄一岁死囚 走上絞刑台"
1013:
1010:
1005:
1001:
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987:
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950:Berita Harian
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423:Changi Prison
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397:
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392:Pehn Kwan Jin
389:
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384:Privy Council
380:
378:
377:Tan Teow Yeow
374:
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369:Wee Chong Jin
367:
366:Chief Justice
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321:Kampong Kapor
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274:Conviction(s)
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205:Changi Prison
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131:Kampong Kapor
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107:Kampong Kapor
99:Murder victim
98:
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91:Crane driver
362:Choor Singh
226:Nationality
182: 1952
82:Singaporean
78:Nationality
40: 1949
1158:Categories
1004:New Nation
986:New Nation
896:New Nation
464:References
309:High Court
244:Occupation
88:Occupation
429:Aftermath
417:Execution
230:Malaysian
209:Singapore
63:Singapore
452:See also
411:commuted
400:Filipino
255:Executed
191:Malaysia
342:hanging
292:Penalty
388:London
354:appeal
264:Motive
296:Death
187:Johor
147:Johor
394:and
198:Died
171:Born
52:Died
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