Ismail Khan J:

In this case the appellant was charged as follow:

That you on 8 November 1958 at about 12.50 p.m. at No. 31 Sultan Street, Kuala Lumpur, in the State of Selangor being a public servant, to wit, a Municipal Officer inspecting Deaths, did accept for yourself a valuable thing, to wit, $5 cash without consideration from Wong Yong, a person whom you knew to be concerned in business transaction by yourself, to wit, the business of issuing a death certificate in respect of the late Chew Kew Chai, and that you have thereby committed an offence punishable under s. 165 of the Penal Code.

The appellant was convicted of the offence charged and sentenced to pay a fine of $500 in default three months 'imprisonment. Against the conviction he has appealed. In his grounds of judgment the learned President says that the following "facts were proved and not denied.

(a) On 6 November 1958 a Chinese woman rubber tapper (PW2) of Sungei Choh brought her 29 days old sick baby to the General Hospital, Kuala Lumpur but the baby died before reaching the hospital.

(b) She took the dead body to the death house at No. 31 Sultan Street, Kuala Lumpur on that day,.

(c) She then made ar