Ajaib Singh J:

The accused who is a police detective is charged with culpable homicide not amounting to murder by causing the death of Yong Foo Min an offence punishable under s. 304 of the Penal Code.

Up to the point when the accused fired a shot from his revolver which resulted in the death of the deceased the facts are not very much in dispute. The accused had gone to the 747 Bar with four others at about 11.00 p.m. Inside the bar he was confronted by the deceased who asked him a few personal questions. A short while later the accused went to the toilet at the rear to ease himself and he waited for his turn while the deceased was already there and about to urinate. Here a quarrel started between them. The deceased said he was unable to pass water while the accused was standing next to him and the accused replied that he could take his time. The deceased became angry and aggressive. He started scolding the accused and wanted to have the matter settled then and there. The accused told the deceased that he was a police officer. He took out his police authority card and showed it to the deceased but to no avail. The deceased persisted in his aggressiveness until he was pull