Thomson CJ:

[1] This appellant was convicted for murder in contravention of s 302 of the Penal Code. He appealed against his conviction and on 21 December we set his conviction aside and ordered a re-trial. We said that at a later stage we would state our reasons for quashing the conviction.

[2] It was the case for the prosecution that on the evening of 6 December 1959, one Tan Hock Choon accompanied by two other men, Tan Twa Tin and Tan Oon Cheok, were going from Kuala Kurau to Kuala Gula. They went part of the way in a motor-car but by reason of a damaged bridge they had to leave their car at a neighbouring house and they then proceeded on foot. After they had gone some distance five people rushed at them, one of whom was the appellant. One of these five men, not appellant, caught hold of Tan Hock Choon and shots were fired. Two days later the dead body of Tan Hock Choon was found about two hundred yards from the road concealed in a drain. There was at least one shot wound and there were a number of incised wounds which could have been caused by an instrument of the nature of a "parang". The cause of death was shock and haemorrhage from the gun-shot wound.

[3] The appellant'