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Muthu and Maniam were neighbors. However, they have always engaged in fights even for trivial matters. One faithful evening, while Maniam was reversing his car

Muthu and Maniam were neighbors. However, they have always engaged in fights even for trivial matters. One faithful evening, while Maniam was reversing his car from his porch, Maniam hit and broke one of Muthu's flower pots. Arun, Muthu's son, saw this incident and throw a rock to Maniam's car while cursing him with vulgar words. Maniam stopped his car and started arguing with Arun. Arun loss his temper and pushed Maniam to the ground. He said in loud voice: "My father and I will surely kill you!". Maniam who was frightened ran into his house and tell Devi, his wife, what happens to him. Ten minutes after that, Muthu entered into Maniam's porch and challenged Maniam for a fight. Maniam quarreled with Muthu while trying to explain the situation. Suddenly Muthu took out a small chopper from his back and attacked Maniam but Maniam managed to run into his house in a bloody state. Muthu continued to intimidate Maniam before the police came and arrested him. Maniam was brought to the hospital by Devi after several hours as Maniam was frightened that Muthu might still be waiting for him outside his house. Upon reaching the hospital, Maniam was put into the Intensive Care Unit (ICU) as he had lost a substantive amount of blood. Maniam died after two days in ICU. The post mortem report revealed that Maniam died due to hypovolemic shock due to or as a consequence of chop wound on his forearms, shoulder, and on his back. These wounds caused severe blood loss and a drop of blood pressure, resulting in reduced blood supply to vital organs, leading to death. As a consequence of Maniam's death, Muthu was investigated for murdering Maniam while Arun was also arrested for the earlier incident that happens between him and Maniam. During the investigation, Muthu stated that he did not intend to kill Maniam as he was merely swinging the chopper to Maniam as a reaction to Maniam's provocation on him. Muthu claimed that Maniam had cursed him and his family and refused to admit his fault. According to Muthu, he was also drunken at that time and did not have a clear mind when he swung the chopper. As for the small chopper he used, he contended that he brought the chopper by accident as he was a carpenter and he has just arrived home from work when his son told him about the earlier fight. He did not intend to use the chopper and it was just a reflex due to the provocation and his state of drunkenness. Arun on the other hand denied any liability on Maniam's death as he was just threatening him. He also claimed that he accidentally pushed Maniam to the ground. Muthu was later charged for murdering Maniam under section 302 of the Penal Code while Arun was charged for using criminal force under section 352 of the Penal Code. However, the defence counsel for Muthu and Arun had written a representation to the Public Prosecutor arguing that Muthu and Arun should not be charged with the current offences as the elements of those offences were not fulfilled. The counsel highlighted that there were general and specific defences that can be applied by both of them, which in consequence, shall acquit or at least reduce their charges to a lower offence.

Please provide issues, laws, principles, and applications.

NOTE : this is a criminal law question (Malaysia)

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