These appellants were convicted at Muar for the murder of a man Subramaniam and a woman Chan Chong Moy on Temiang Renchong Estate, Pagoh, on or about 21st September, 1958. They appealed against their convictions and on 23rd September, 1959, we allowed their appeals and set their convictions aside.

The dead bodies of Subramaniam and Chan Chong Moy were found at some distance from each other on the estate in question in circumstances which clearly showed they had been killed. The man had a single stab wound in the stomach and the woman had two stab wounds in the chest. Apart from a slight superficial abrasion on the mans neck there were no other external injuries on the bodies.

Except on one point, to which I shall return later, the only evidence as to how the deceased came by their fatal injuries was that of one Ramaya, an Indian boy who said (and this was never questioned) that he was twelve years old. Briefly his evidence, which was given on affirmation, was as follows.

On the afternoon of 20th September he was on his way to the garden of the first appellant to buy vegetables when he came on the third appellant sitting on the ground. Near him the two d