Ong Hock Sim FJ (delivering judgment of the Court):

The appellant was tried in the High Court at Kuala Lumpur on a charge of culpable homicide not amounting to murder, punishable under s. 304 of the Penal Code, for causing the death of Robert Kut Lunk Lee. At the close of the prosecution the learned trial Judge found that no case had been made out against a co-accused who was thereupon acquitted. The charge against the appellant was then reduced to voluntarily causing grievous hurt, under s. 325, upon which he was convicted and sentenced to three years imprisonment.

The tragic event occurred in the Flora Palace Bar at Jalan Raja Laut in Kuala Lumpur at about 11 p.m. on 20 August 1970. Certain facts were not in dispute. The appellant went into this drinking saloon at about 9 p.m. and occupied table No. 15 with three companions. He was a chief inspector of police but was of duty and not in uniform. At about 11 p.m. a party of five, including Robert Lee, the deceased came in and occupied an adjoining table No. 11, about six feet away. Shortly afterwards some glasses were thrown and smashed, fragments of which were subsequently found scattered near tables Nos. 11 and 15. The