JUDGMENT

Ong Hock Thye FJ:

The first appellant was convicted of the offence of voluntarily causing grievous hurt to one Nagarachnam (f) by means of an axe, contrary to s. 326 of the Penal Code, and was sentenced to imprisonment for three years. He was further charged, together with the second appellant, under ss. 109 and 326 of the Penal Code for abetment of another similar offence, committed by the third appellant and upon conviction they each received a sentence of 18 months imprisonment. The third appellant was convicted, under s. 326, of voluntarily causing grievous hurt to Ramasamy, husband of Nagarachnam, by means of an iron rod and was sentenced to six years imprisonment.

All the appellants were rubber-tappers; the first appellant is a son of the third appellant and the second appellant was their next-door neighbour. None of them had any previous convictions. The two injured persons, the appellants and all the alleged eye-witnesses lived in the labour lines of Jugra Estate. Ramasamy was a committee member of the workers union. Most of the other eye-witnesses were officers of the union or their relatives and friends.

On 13 August 1964, the day before the events that led to