A housewife and her cousin had their murder conviction upheld and were sentenced to death today, in what is better known as the "curry murder" trial.

Indian nationals Shahmin Bano Mohammed Farooque, 46, and Javeed Akhtar Abdul Waheed, 44, failed in their final round of appeal at the Federal Court.

It was held before a five-member panel led by Court of Appeal President Justice Md Raus Sharif.

They ruled after a 30-minute break that the conviction and sentence was safe.

"There is no merit in the appeal to disturb the findings of the Shah Alam High Court and the Court of Appeal.

"The evidence is overwhelming. We dismiss the appeal and affirm the decision and conviction," Justice Md Raus ( left ) said.

The other judges were Chief Judge of Sabah and Sarawak Justice Richard Malanjum, and Federal Court judges Justices Md Apandi Ali, Ramly Ali and Azahar Mohamed.

They were convicted of murdering Shahmin Bano's husband, Reyaz Ahamed Maruf, a businessman, at their home in Section 4, Tambahan Baru Bangi, in 2004.

It was reported that Reyaz Ahamed had been drugged while eating curry following 'buka puasa' (breaking of fast) at his house.

    

His body was buried by Shahmin Bano and Javeed Akhtar in a shallow grave, at the back of the house on Hari Raya day in 2004.

However, during the trial, the pathologist adduced there were no traces of sleeping pills or drugs in the stomach of Reyaz Ahamed.

Two daughters the eye-witnesses

Ironically, it was Shahmin Bano's two daughters with Reyaz Ahamed who testified in the trial as eye-witnesses to the murder, which led to the convictions.

The two girls testified that they saw Javeed strangle their father while their mother stood beside the bed and held Reyaz Ahamed's hands. They also told the court they saw the two dig a hole in the garden to bury their father.

It was reported during the trial that after the buka puasa meal, Reyaz Ahamed went to bed after feeling dizzy, and sometime that night his hands and feet were tied to the bed and a cloth was placed on his mouth.

Javeed then ran down the two-storey house took the clothes hanger wire and strangled the him.

Lawyer T Vijay, who appeared for Shahmin Bano, submitted that she was afraid of Javeed as he was holding a weapon at her husband's bedside.

Vijay said she was not her involved in the murder as the act of strangulation was done by Javeed.

“She only came-up after hearing a commotion and saw her husband being tied by Javeed,” he said.

Lawyer J Kuldeep Kumar, for Javeed, told the apex court that his client could not have committed the murder as initially the original charge stated the murder was between 3am and 5am, and then it was amended by the judge from 10pm to 5am.

“The amendment of the charge took place sometime during the trial.

“It has always been our case that the deceased was murdered by other assailants and he only arrived later that night and was only asked to help bury the deceased at the shallow grave,” Kuldeep said.

Judge: So, why wasn't police report lodged?

Justice Md Raus then asked if this is so, why then Javeed did not lodge a police report.

DPP Asmah Musa, who appeared for the prosecution, said Javeed's testimony was a mere denial and this did not explain how he got a wound from a bite mark as a result of the incident.

The murder was discovered when Shahmin Bano's brother-in-law discovered that Reyaz Ahamed had not come to work, and the housewife said her husband was overseas.

This led to a missing person police report being filed.