JUDGMENTBY: TAYLOR, J

This appellant was convicted of the murder of one Omar and also of the attempted murder, in the same incident, of a man named Rifin.

The appellant, who is a member of the Home Guard at Kanjat in the Ulu Dungun district of Trengganu, went out about dawn intending to go to his padi land. He was accompanied by a friend. Both carried shot guns. They went along one of two paths near a river. When they had gone about half a mile the appellant waited in a patch of secondary jungle while his friend went to inspect a fish trap.

The deceased and Rifin went to the same patch of small jungle to shoot barking deer. Others went to the same area to shoot, but independently. The deceased was walking some four or five paces ahead of Rifin when suddenly a shot was fired killing Omar instantly; some of the pellets struck Rifin in the groin. A second shot wounded his thighs. Rifin then saw a man with a gun, moving in the blukar and fired two shots, without effect. Five or six more shots were fired from the blukar, also without effect. The firing was heard and the Penghulu, with a small party, went to the scene. Rifin told them that terrorists had fired at him. The Penghulu t