JUDGMENTBY: SUFFIAN LP

(delivering the Judgment of the Court): Some Malays went one night to destroy idols in a Hindu temple in Kerling. Some Indians had been expecting the attack and were guarding the temple, and as a result there was a fight. Four of the Malays were killed and the eight applicants were convicted in the Sessions Court, Klang, under sections 304 and 34 of the Penal Code and sentenced to various terms of imprisonment. Their appeals to the High Court were dismissed and on their application the learned Judge who heard the appeal (Syed Othman, F.J.), acting under section 66(1) of the Courts of Judicature Act, reserved for our decision the following questions of law of public interest which had arisen in the course of the appeal and the determination of which by the learned Judge had affected the event of the appeal:

1. Whether it is correct law that in dealing with a case which relies on

circumstantial evidence it does not make any difference if a court finds that

in considering all the evidence it is satisfied beyond reasonable doubt that

the accused is guilty of the offence or if the court says that the

evidence points only to the irresistible conclusion that th