Adams J:

This was an appeal by the Deputy Public Prosecutor against the acquittal by the learned Magistrate, Sagamat, of seven persons who were charged with an affray by fighting in public contrary to s. 160 of the Penal Code.

The facts are that on the evening of 20 September 1960, at Jalan Omar, Pekan Jabi, Segamat there was a political meeting in connection with the recent Town Council elections. Apparently members of the rival party created a disturbance by driving motor cars and motor cycles past the area of the meeting sounding their horns violently. One of the prosecution witnesses got up on the platform and appealed to the rival party not to drive the vehicles and sound their horns noisily. The first defendant who was taking part in the meeting on his way home was attacked by the other six defendants. The six defendants who were from the rival party also attacked the second witness for the prosecution who managed to break loose and run away.

The Magistrate found that there had been a fight between two or more persons and that the fight was in a public place but refused to call on the defence because he said that there was no evidence that the fight must have distur