Some Malays went one night to destroy idols in a Hindu temple in Kerling. Some Indians had been expecting the attack and were guarding the temple, and as a result there was a fight. Four of the Malays were killed and the eight applicants were convicted in the Sessions Court, Klang, under s. 304and 34 of the Penal Codeand sentenced to various terms of imprisonment. Their appeals to the High Court were dismissed and on their application the learned Judge who heard the appeal (Syed Othman, FJ), acting under s. 66(1) of the Courts of Judicature , reserved for our decision the following questions of law of public interest which had arisen in the course of the appeal and the determination of which by the learned Judge had affected the event of the appeal:

1. Whether it is correct law that in dealing with a case which relies on circumstantial evidence it does not make any difference if a Court finds that in considering all the evidence it is satisfied beyond reasonable doubt that the accused is guilty of the offence or if the Court says that the evidence points only to the irresistible conclusion that the accused is guilty.

2. Whether compliance by any person to a request by a po