The High Court today discharged and acquitted lawyer Balwant Singh of murdering a dispatch rider in Bangsar, Kuala Lumpur during a quarrel last year.

According to Bernama , Justice S Augustine Paul ruled that the 81-year-old lawyer had proved, on a balance of probability, that he had acted in self-defence.

"Balwant Singh had not committed any offence," he said in his judgment, adding that the lawyer had tried in all possible ways to avoid the confrontation.

The lawyer was ordered to enter his defence on March 19 at the close of the prosecution's case on a charge of causing the death of R Gobala Krishnan, 33, at 4.30pm on June 7 last year.

Paul said Balwant Singh had tried to explain matters to the deceased, who was not bothered, and when he showed his gun to him, Gobala Krishnan became more aggressive.

The judge added that even a warning shot had failed to calm the deceased.

"The action and behaviour of the deceased was not only aggressive but was that of a road bully who had no regard or respect for the law from the very beginning at the traffic light near the Syariah Court.

"His (Gobala Krishnan's) conduct is comprehensible in the light of his earlier detention for being involved with secret society activities, followed by a period of restricted residence. Even the motorcycle that he was riding on that day had been reported as stolen."

Deceased was armed

Paul added that Balwant was in a situation where he could not have sought the protection of a public authority or anybody else.

The judge stressed that it must also be observed that the deceased was armed with a stick more than four feet long and that he would describe this as a weapon of offence.

Paul said the train of events which resulted in the lawyer being charged with murder commenced with the mere honking of a car.

The car was being driven by Balwant Singh's daughter-in-law, Ranjeet Kaur, with the lawyer seated by her side, when Gobala Krishnan overtook them on the left.

"Then a car came into Ranjeet's way. She hooted in order to warn the driver of the car. He moved on to his side of the road. When they stopped at the traffic light at the Syariah Court, the deceased, who was about 30 feet ahead of them, turned and came to the driver's side of the car," he said.

'Possessed by a demon'

The judge said the deceased then verbally abused them and would not listen to their explanation that the hooting was not directed at him.

He said when Balwant Singh's car stopped at the centre of a junction, Gobala Krishnan, who was waving a stick, walked towards the car, yelling abusive words, kicking the car and opened the car door and dragged the lawyer out by the collar.

"The deceased was angry, intimidating and threatening. He looked as if he was possessed by a demon. Balwant Singh's efforts to explain matters to the deceased were fruitless. The deceased then poked Balwant Singh with the stick."

At this juncture, Paul said the lawyer who had the impression that the deceased was going to cause him grievous harm of kill him, showed him his gun with the hope that it would stop the deceased from assaulting him.

Instead, he added, the deceased became more aggressive and fearing for his life, Balwant Singh fired a warning shot but the deceased did not retreat.

Paul said Gobala Krishnan then lunged the stick forcefully at Balwant Singh's chest, which resulted in the lawyer sustaining injuries on his hand and chest.

The judge added that the lawyer then fired the second shot towards the right of the deceased with the intention to incapacitate him but unfortunately the shot killed Gobala Krishnan.

Widow aggrieved

Since the trial commenced on Dec 16, a total of 18 witnesses were called - 12 by the prosecution and six by the defence.

The prosecution called 12 witnesses during the trial, which began on Dec 16, while the defence called six witnesses.

When met by reporters later, Balwant told them that he was remorseful that a life had been lost.

"But if I did not do what I did, I would have been dead," he was quoted as saying by a news report. "I am sorry."

Gobala Krishnan's widow A Arokiamary, who was present, said she was aggrieved by the verdict but declined to elaborate.

Deputy Public Prosecutors Zauyah Be Loth and Ahmad Bachee appeared for the prosecution while Muhammad Shafee, K. Kumaraendran and Rabinder Singh represented Balwant.

The prosecution is planning to file an appeal against the decision.

The case attracted prominent coverage, and eyebrows were raised when Balwant - who was charged for murder - was given bail as certain quarters argued that it would set a dangerous precedent.