Ibrahim J:

This is an appeal by the three appellants who were convicted and sentenced to $900 fine in default six months imprisonment each by the learned Magistrate, Bachok, on the following charge:-

In the Court below (A Gomez for the appellants, and Datuk Abu Mansor (DPP) for the respondent) the following judgement was delivered:

You are jointly charged that you on 14 September 1971 at about 9.30pm at Kampong Kemudu Bongkok, Gunong, in the district of Bachok, in the State of Kelantan, voluntarily caused hurt to one Che Mat bin Mat Hj Awang by means of an instrument for cutting, to wit, a parang, and that all of you were acting at the same time and place together in furtherance of an intention which was common on all of you and that you have thereby committed an offence punishable under s. 324 of the Penal Code read together with s. 34 thereof."

Briefly the prosecution case is that on the night in question the said Che Mat bin Mat Hj Awang (PW2) was on his way to a fishing ground in the padi fields (marked F in the sketch plan (P2) subsequently prepared by the

Investigating Officer (PW7) about 40 depas away from his house (marked B in P2) and when he switched on his t