GEORGE TOWN, March 1 — Two friends escaped the gallows yesterday when the Penang High Court acquitted them of a murder charge after the prosecution failed to prove a prima facie case against them.

Judicial Commisioner Collin Lawrence Sequerah discharged B. Dharma Raj, 25, and Oliver Anthony, 26, without calling for their defence.

General worker Dharma and restaurant waiter Oliver were seen relieved after the judicial commissioner read out the verdict. Family members and friends, who were in tears of joy, were seen hugging them in the courtroom later.

Both men were charged for the murder of college student R. Navintharan, 24, at a parking lot in front of Maa Roy Thai Seafood in Jalan Gerbang Kecil 2, Krystal Point, Bayan Baru at about 3.40am on January 27, 2012.

During the trial, the court was told that Navintharan was slashed at least 18 times with a knife and sustained deep cuts on his head, abdomen, wrists, shoulders and on his back. He died two hours later at the hospital.

The judge said the duo could not be convicted for the alleged murder because, as prosecution evidence revealed, there were other people present at the crime scene at the material time.

“There were also discrepancies in testimonies given by witnesses and police investigations.

“They contradicted each other and failed to identify the accused,” said the judge.

Counsel Baldev Singh Bharr represented Dharma while counsel K. Dev represented Oliver.

Deputy Public Prosecutor Siti Fatimah Talib prosecuted the case under Section 302 of the Penal Code for murder, which carried a mandatory death sentence upon conviction.