Augustine Paul JCA:

[1] The accused was charged with an offence under s 326 of the Penal Code in the Sessions Court at Shah Alam for having caused grievous hurt to one Kantharupan on 20 November 1993 at a bus stand in Klang. During the trial Kantharupan identified the accused as one of the four persons who had attacked him. He said that the accused was known to him prior to the incident. On 22 February 1997 the accused was found guilty and convicted. He was sentenced to five years' imprisonment and ordered to be given three strokes of the rotan. He appealed to the High Court against the conviction and sentence.

[2] While the appeal was pending the accused made an application to the High Court to adduce additional evidence pursuant to s 317 of the Criminal Procedure Code from he himself, Kantharupan and one Krisnan. In the affidavit filed in support of the application he affirmed that in May 1998 he was informed, by Krisnan that based on information he has, Kantharupan was assaulted by four other persons one of whom is named Sugumaran. Sometime later he met Kantharupan at the Klang Medical Centre. As he said in para 10 of his affidavit:

Saya telah bertanya akan Kantharupan ters