Gopal Sri Ram, JCA delivering judgment:

1. This is the Judgment of the Court.

2. The four appellants before us (we will refer them as "the accused") were convicted of murder under section 302 of the Penal Code read together with section 34 thereof. They have appealed against the conviction. Before addressing the grounds of complaint advanced before us, it is necessary to briefly narrate the facts.

3. On 26 August 2002, at about 10.00 a.m. PW16 (Mohd Ramzan) was at his home. The four accused came there. They asked PW16 whether he knew who was responsible for the arrest of the third accused's brother, one Saravanan. PW16 replied that he did not know. There was a second visit. It was about 2.30 p.m. on the same day. On this occasion, the four accused called on PW16 and told him that they knew who was responsible for Saravanan's arrest. Later, there was a third visit. At about 10.30 p.m. the four accused persons came to PW16's home. According to PW16's evidence he was shown a piece of paper and asked to accompany the accused to the police station. Apparently, the object was to secure Saravanan's release from police custody. PW16 did not know what was written on the piece of paper. He is illiterate and so the paper meant nothing to him. He accompanied the accused. The second, third and fourth accused as well as PW16 travelled in a car. It was a Datsun Sunny registration number PN 3238. The first accused followed on a motorcycle. They all proceeded to Tasik Jaya. PW16 was removed from the car, bound and beaten. The four accused persons held PW16 responsible for Saravanan's arrest. They then asked PW16 about the whereabouts of one Murugan, now deceased, the victim of the crime in question. PW16 was unaware of Murugan's whereabouts. Thereafter the party of five proceeded to a factory at Taman Tuanku Jaafar. Murugan lived in the factory. According to PW16, the second and third accused alighted from the car, went into the factory and returned with Murugan. The second, third and fourth accused as well as PW16 and Murugan proceeded in the aforesaid car, once again followed by the first accused on the motorcycle, to an estate in Kuala Sawah. There PW16 and Murugan were both assaulted. PW16 heard Murugan's cries. He also noticed that after sometime Murugan had fallen silent. At this point PW16 took flight. He hitched a ride from a passing motorist and reached home. He told his mother what had happened. According to PW16 his mother called the police. At about 3.00 a.m., on the morning of 27 August 2002 a police report was lodged at Police Headquarters Seremban. The complainant was a woman, Corporal Puziah. According to her report (Exh. P3), a call had been received by the police from one Johari about an incident at PW16's home. It is in evidence that the police party led by PW4 (Corporal Nazri) arrived at PW16's home at about 3.00 a.m. PW16 led PW4 to the scene at the estate in Kuala Sawah. On arrival, the police party discovered Murugan's dead body. Police investigations ensued and later the same day the four accused were arrested. The car registration number PN 3238 was seized. In it were found a bloodstained piece of clothing and a bloodstained turn-jack. Both items were sent for forensic examination which confirmed that both items had the deceased's blood on them. Later, a motorcycle rider's helmet was recovered from the home of the first accused. It was found to have traces of blood also confirmed by forensic examination to be that of the deceased. Subsequently the four accused persons were charged for the murder of Murugan. Those, then, are the facts in brief.

4. The first ground of complaint raised before us is that the learned judge was wrong in calling for the defence of the accused at the close prosecution's case. It was submitted by learned counsel that there were serious gaps in the case for the prosecution that were left unexplained so that the accused were entitled to an acquittal at that stage. With respect we ar