JUDGMENTBY: THOMSON CJ

(delivering oral judgment of the Court): We have come to certain conclusions regarding this case and there is no reason why they should not be stated here and now.

This appellant and another man were tried at the Ipoh Assizes before Mr. Justice Azmi and a jury for the murder of one Tangamani s/o Narayanan at Sengat Estate on or about 28th December, 1959, in contravention of section 302 of the Penal Code. The appellant was convicted by a majority verdict and sentenced to death. His co-accused was found not guilty.

In the case of each accused the main part of the evidence against him was a confession alleged to have been made before the Ipoh Magistrate. In each case there was a certain amount of corroboration of the contents of the confession, but I think it is only fair to say that in each case without the confession there was nothing like the necessary quantum of evidence to support a conviction. With the confessions, however, there is no room for doubt that there was ample evidence in each case to support a conviction.

In the case of each accused it was the prosecution case that the confession had been made freely and voluntarily and that its conten

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