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1968 MarsdenLR 295

SYED OTHMAN
PUBLIC PROSECUTOR – Appellant
Versus
ABDUL HAMID – Respondent


Advocates:
For the appellant - Abu Talib bin Othman (DPP); M/s. Dato Bijaya & Co. For the respondent - Dato Bijaya

JUDGMENT

Syed Othman J:

The respondent in this appeal was charged for voluntarily causing hurt with a parang, an offence punishable under s. 324 of the Penal Code. At the conclusion of the trial he was acquitted. The public prosecutor is appealing against the acquittal.

The case for the prosecution in the trial was as follows: On the day in question the complainant and two friends were carrying durians. They stopped on the way as one of the friends went to wash his legs. Accused came to the spot with a boy. He struck the complainant with a parang. The injuries sustained by the complainant according to the evidence of the doctor were a laceration and an abrasion on the right elbow. As he was striking a second time a friend of the complainant pulled the accused away. The other friend then snatched the parang away from the accused. Complainant ran away from the spot and went to the Tepoh Police Station and lodged a report. After complainant had run away, the parang was returned to accused. According to the complainant he believed that accused was angry with him because about three months before the incident he had reported to the police when he found accused's eight buffaloes grazing

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