JUDGMENT

1. This is my JUDGMENT in respect of the appellant's appeal against conviction and sentence to two charges relating to causing hurt punishable under section 325 of the Penal Code for the 1st charge and under section 323 for the 2nd charge read together with section 34 . The accused was found guilty and was sentenced to eighteen (18) months imprisonment for the 1st charge and six (6) months imprisonment for the 2nd charge. The sentences were to run concurrently. Stay of execution was granted pending appeal.

2. The 1st and 2nd charges as amended reads as follows:

1st amended charge:

"That you, together with another still unidentified on the 24th day of January, 1987 at about 12.45 a.m., at the road side of No. 89, Fushing Garden, Kenyalang Park, Kuching, in the State of Sarawak, in the furtherance of a common intention of you both voluntarily caused grevious hurt to one Dollah Bin Ramli (M), and you thereby committed an offence punishable under Section 325 of the Penal Code , read together with Section 34 of the Penal Code ."

2nd amended charge:

"That you, together with another still unidentified on the 24th day of January, 1987 at about 12.45 a.m., at the road side of No. 89, F