Thomson CJ:

[1] This appellant was tried before Adams J and a jury at Johore Bahru for murder in contravention of s 302 of the Penal Code. He was convicted by a unanimous verdict of the jury and sentenced to death. Against that conviction he appealed and on 21 February 1961, we dismissed his appeal. We intimated that we would state our reasons for doing so at a later stage.

[2] The charge against the appellant was that on 7 September 1960, at a house at No: 47/3 Jalan Dato Mohd All, Endau, near Mersing, he murdered one Lim Bong How.

[3] The deceased was employed as a fish packer and lived in a cubicle in the upstairs portion of No: 47/3 Jalan Dato Mohd All, Endau Nos: 47/2 and 47/3 are adjoining parts of a row of terraced shophouses in the street in question. Their upper storeys are divided and are reached by different staircases. The downstairs storey which is made up of a hall and a space for fish packing and storage is common to both. To get from the upstairs portion of No: 47/2 to the upstairs portion of No: 47/3 it is necessary to go down the one staircase then go through at least one doorway and then go up the other staircase.

[4] Early in the morning of 7th September the