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 torch soon after he left his house he saw the three appellants whom he had known before about 30 depas away. It was then raining with occasional flashes of lightning. All the three appellants were armed, the first with a parang, the second with a pedang and the third with a kapak. On being flashed at the three appellants charged at him in the course of which the first appellant threw a piece of wood at him. He took to his heels but he fell down at a spot (marked C in P2) about 1 depa behind the house (marked A in P2) of Mat Jusoh bin Hamat (PW3) and was slashed several times by the first appellant. He subsequently lost consciousness. About ten minutes after he heard the commotion PW3 came out of his house and went to the scene where he saw PW2 lying on his back. He was bleeding and groaning in pain and when he asked him how he was injured PW2 told him that some persons were responsible for his injuries but he did not name those persons. Bakar bin Musa (PW4) whose house was about 100 depas away then came to the scene and he raised PW2 up. Later other persons including the Penghulu (PW1) came and at about 11.40 p.m. the same night PW1 lodged a report to the police (P1). PW1 did not know whether PW2 was conscious or not.

PW2 was taken to the hospital where he was examined by Dr. Rusli bin Hussein (PW8) at about 1.45 a.m. on 15 September 1971. The examination showed that PW2 had multiple incised wounds varying from 1/2" to 6" in length on various parts of his body and his left middle finger was totally amputated at the middle portion. The injuries could have been caused by a sharp and narrow-edged instrument. PW2 was not discharged from the hospital until 27 November 1971.

The learned Magistrate found that a prima facie case had been made out against all the three appellants and he called for their defence. In their defence each of the appellants put up an alibi and brought several witnesses to substantiate his story. The first appellant testified that on the night in question he and his wife were in one Haji Ibrahim's house studying the Koran in preparation for a pilgrimage to Mecca and he called his wife (DW1) and the said Haji Ibrahim (DW18) to substantiate his story. The second appellant testified that he was in his house the whole of that night and asserted that he could not have gone out of his house because he was having malaria and in support of his story he called his wife (DW14) and a Hospital Assistant (DW8) who had treated him for malaria. The third appellant who was a taxi driver also testified that he was not at the scene on the night in question. He gave a long story of his whereabouts on 14 September 1971. He left Kota Bharu at 10 a.m. and reached Kuantan at about 3 p.m. He returned from Kuantan and arrived at the taxi stand in Kota Bhar