JUDGMENTBY: THOMSON CJ, SYED SHEH BARAKBAH J, AZMI J

THOMSON CJ The plaintiff in this case is a milk vendor residing near Kota Bharu in Kelantan. On the night of 7th July, 1959, he was returning home after dark when he was attacked by some person or persons armed with weapons of some sort and sustained personal injuries which, though no doubt severe, did not at any time place his life in danger.

It was the plaintiffs case that the persons who attacked him and injured him were the defendants, both of whom like himself are Sikhs, and in due course after they had been prosecuted criminally he sued them for damages. The action, of course, was for trespass to the person.

In his statement of claim the plaintiff alleged that the defendants together assaulted and beat him, the first defendant struck him with an axe and the second defendant struck him with a stick. At the trial he followed but elaborated his pleading. He said that on the night in question he was returning home on his bicycle when two Malays came out of the jungle and made to attack him. He drove them off with a stick and as they fled the two defendants came out of the jungle. The first defendant struck him two blows with