Judge Datuk Lim Chong Fong made the decision to free tax drivers N. Murugesh, 39, and K. Baskaran, 37, of the amended charge of culpable homicide by causing the death of Chew Hup Keng, 46, in front of Chulia Court, Lebuh Chulia at 7.05 am on May 1, 2015.
However, the judge found the defence had failed to raise a reasonable doubt at the end of the prosecution’s case against Mohamed Shahabuddin Mohamed Ali, 54, and sentenced him to the jail term.
All three were charged under Section 299 of the Penal Code, which was punishable under Section 304 (a) of the Penal Code and read together with Section 34 of the same code which carries a maximum jail term of 30 years.
In his decision, Lim said the first defendant Mohamed Shahabuddin’s testimony showed that he had beaten Chew and caused his death and that the accused's defence was unreliable.
For the second and third accused, the judge said the two went to the scene to disperse the brawl.
Lim said the two accused also called two witnesses who confirmed that Murugesh and Baskaran went to the scene to disperse a fight between Mohamed Shahabudin and the deceased, who was a convenience store employee.
The prosecution was led by Deputy Public Prosecutor Mohd Amril Johari while the three accused were represented by counsel R.S.N Rayer.
Earlier, Rayer asked the court to impose the lightest sentence possible on Mohamed Shahabuddin as he was a part-time worker who had to take care of his bed-ridden mother and an older sister.