Apex court allows man’s appeal against death sentence, reduces murder charge


Eling with his counsel Wilfred Yap (right) after the court proceeding.

KUCHING: A man convicted of murder was visibly relieved when the Federal Court sitting here yesterday allowed his appeal against his death sentence and replaced it with a 17-year jail term.

A five-member panel led by Chief Justice Tengku Maimun Tuan Mat ruled that the murder charge against Eling Jambun, 48, under Section 302 of the Penal Code be reduced to a charge of committing culpable homicide not amounting to murder, framed under Section 304(a) of the Penal Code.

The apex court also fixed Eling’s jail sentence to run from the date of his arrest on Nov 30, 2013.

The accused was charged with causing the death of Uyang Jubong by shooting the victim in the chest at 4pm on Nov 30, 2013 at the roadside of Jalan Kem leading SK Setapang Nanga Gaat in Kapit.

Earlier news reports stated that Eling was involved in a quarrel with his father-in-law, and that Uyang intervened by trying to calm them down.

His action, however, angered the accused who shot and killed the victim.